Regulation 21 Special procedure: interview of the person concernedI1

England and Wales

(1)

This regulation applies where the person investigating a complaint or matter has provided the person concerned with a copy of the terms of reference of the investigation, or given the person concerned a notice under regulation 17(2) (special procedure: notification of severity assessment etc.).

(2)

In the case of an investigation under paragraph 19 of Schedule 3 (investigations by the Director General) other than by the Director General acting personally, if the Director General wishes the person concerned to be interviewed as part of the investigation, the person investigating must refer the case to the Director General for the Director General—

(a)

if reasonably practicable, to agree a date and time for the interview with the person concerned;

(b)

where no date and time is agreed, to specify a date and time for the interview.

(3)

In any other case, if the person investigating wishes to interview the person concerned as part of the investigation, the person investigating must—

(a)

if reasonably practicable, agree a date and time for the interview with the person concerned;

(b)

where no date and time is agreed, specify a date and time for the interview.

(4)

Where a date and time is specified under paragraph (2) or (3) and —

(a)

the person concerned or that person’s police friend will not be available at that time, and

(b)

the person concerned proposes an alternative time which satisfies paragraph (5),

the interview must be postponed to the time proposed by the person concerned.

(5)

An alternative time proposed by the person concerned must—

(a)

be reasonable, and

(b)

fall before the end of the period of five working days starting with the first working day after the day specified by the person investigating or the Director General.

(6)

The person investigating must give the person concerned—

(a)

a notice stating the date, time and place of the interview, and

(b)

such information as the person investigating or, in the case of an investigation under paragraph 19 of Schedule 3 other than by the Director General acting personally, the Director General considers appropriate in the circumstances of the case to enable the person concerned to prepare for the interview.

(7)

The person concerned must attend the interview.

(8)

A police friend may not answer any questions asked of the person concerned during the interview.

Annotations

Commencement

I1: Reg. 21 in force at 1.2.2020, see reg. 1(1)