Regulation 72 Reviews and re-investigations following an appealI1

England and Wales

(1)

On a review under regulation 71(9)(a) (appeals with respect to an investigation) of the findings of an investigation the powers of the F1IOPC DG shall be, according to F2the IOPC DG’s determination on that review, to do one or more of the following—

(a)

to uphold the findings in whole or in part;

(b)

to give the appropriate authority such directions as the F3IOPC DG sees fit—

(i)

as to the carrying out by the appropriate authority of its own review of the findings;

(ii)

as to the information to be provided to the complainant; and

(iii)

generally as to the handling of the matter in future,

(c)

to direct that the complaint be re-investigated.

(2)

Where the IOPC DG directs under regulation 71 or paragraph (1) that a complaint be re-investigated, F4the IOPC DG shall make a determination of the form that the re-investigation should take.

(3)

Paragraphs (3) to (7) of regulation 38 (power of the IOPC DG to determine the form of an investigation) shall apply in relation to a determination under paragraph (2) as they apply in the case of a determination under that regulation.

(4)

The other provisions of these Regulations (including this paragraph) shall apply in relation to any re-investigation in pursuance of a direction under regulation 71(9) or paragraph (1) of this regulation as they apply in relation to any investigation in pursuance of a determination under regulation 38.

(5)

The IOPC DG shall give notification of any determination made by the IOPC DG under this regulation—

(a)

to the appropriate authority,

(b)

to the complainant;

(c)

to every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

(d)

except in a case where it appears to the IOPC DG that to do so might prejudice any proposed re-investigation of the complaint, to the person complained against.

(6)

The IOPC DG shall also give notification of any directions given to the person investigating under this regulation—

(a)

to the complainant;

(b)

to every person entitled to be kept properly informed in relation to the complaint under regulation 14 (duty to provide information for other persons); and

(c)

except in a case where it appears to the IOPC DG that to do so might prejudice any proposed review or re-investigation of the complaint, to the person complained against.

Annotations

Textual amendments

F1: 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)
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)(d) (with regs. 30(3), 37)
F3: Words in reg. 72(1)(b) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(25) (with reg. 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)(c) (with regs. 30(3), 37)

Commencement

I1: Reg. 72 in force at 7.10.2013, see reg. 1(1)