Regulation 65 Procedure where conduct matter is revealed during investigation of DSI matterI1

England and Wales

(1)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 43 F1... that there is an indication that the Director General or an NCA officer (“the person whose conduct is in question”) may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the appointed or designated person shall make a submission to that effect to the F2IOPC DG.

(2)

If, after considering a submission under paragraph (1), the IOPC DG determines that there is such an indication, F3the IOPC DG shall—

(a)

notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of F4the IOPC DG’s determination; and

(b)

send to it (or each of them) a copy of the submission under paragraph (1).

F5(2A)

If during the course of an investigation of a DSI matter being carried out by a person designated under regulation 44 the IOPC DG determines that there is an indication that the Director General or an NCA officer (“the person whose conduct is in question”) may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the IOPC DG shall proceed under paragraph (2B).

(2B)

The IOPC DG shall—

(a)

prepare a record of the determination;

(b)

notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and

(c)

send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).

(3)

If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 41 or 42 that there is an indication that the Director General or an NCA officer (“the person whose conduct is in question”) may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings,

the appointed person shall make a submission to that effect to the appropriate authority in relation to the DSI matter.

(4)

If, after considering a submission under paragraph (3), the appropriate authority determines that there is such an indication, it shall—

(a)

if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under paragraph (3); and

(b)

notify the IOPC DG of its determination and send to the IOPC DG a copy of the submission under paragraph (3).

(5)

Where the appropriate authority in relation to the person whose conduct is in question—

(a)

is notified of a determination by the IOPC DG under paragraph (2) F6or (2B);

(b)

(in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under paragraph (4); or

(c)

(in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under paragraph (4),

it shall record the matter under regulation 29 as a conduct matter.

(6)

Where a DSI matter is recorded under regulation 29 as a conduct matter by virtue of paragraph (5)—

(a)

the person investigating the DSI matter shall (subject to any determination made by the IOPC DG under regulation 38(5)) continue the investigation as if appointed or designated to investigate the conduct matter; and

(b)

the other provisions of these Regulations shall apply in relation to that matter accordingly.

Annotations

Textual amendments

F1: Words in reg. 65(1) omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(21)(a) (with reg. 37)
F2: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)
F3: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(c) (with regs. 30(3), 37)
F4: Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(d) (with regs. 30(3), 37)
F5: Reg. 65(2A)(2B) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(21)(b) (with reg. 37)
F6: Words in reg. 65(5)(a) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(21)(c) (with reg. 37)

Commencement

I1: Reg. 65 in force at 7.10.2013, see reg. 1(1)