# The Police (Complaints and Misconduct) Regulations 2020, Regulation 31: Recommendations by the Director General under paragraph 28A of Schedule 3

Extent: E+W

(1) The types of conduct matter specified for the purposes of paragraph 28A(4)(a)(ii) of Schedule 3 (recommendation following receipt or completion of report relating to a conduct matter) are any matter—
(a) falling within paragraph 13(1)(a) of Schedule 3 (conduct matters relating to incidents where a person has died or suffered serious injury etc.);
(b) relating to—
(i) a serious assault, as determined in guidance issued by the Director General;
(ii) a serious sexual offence, as determined in guidance issued by the Director General;
(iii) serious corruption, including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General;
(iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status determined in guidance by the Director General;
(v) a relevant offence;
(vi) conduct which took place in the same incident as one in which conduct falling within sub-paragraphs (i) to (v) took place;
(c) that the Director General determines must be investigated in accordance with regulation 8 (recordable conduct matters relating to the conduct of chief officers etc.);
(d) in respect of which the Director General gives a notification to the appropriate authority under paragraph 13(1)(c) of Schedule 3 (power of the Director General to require a conduct matter to be referred), or
(e) that the Director General is treating as having been referred to the Director General under paragraph 13A(1) of Schedule 3 (power of Director General to treat conduct matter as having been referred).
(2) The types of complaint specified for the purposes of paragraph 28A(4)(a)(iii) and (b) of Schedule 3 (recommendation following receipt or completion of report or review relating to a complaint) are any complaint—
(a) falling within paragraph 4(1)(a) of Schedule 3 (complaints alleging that conduct or other matter has resulted in death or serious injury);
(b) alleging conduct which constitutes—
(i) a serious assault, as determined in guidance issued by the Director General;
(ii) a serious sexual offence, as determined in guidance issued by the Director General;
(iii) serious corruption, including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General;
(iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion or other status determined in guidance by the Director General;
(v) a relevant offence;
(c) which arises from the same incident as one in which any conduct falling within sub-paragraphs (a) or (b) took place;
(d) that the Director General determines must be investigated in accordance with regulation 5 (complaints relating to the conduct of chief officers etc.);
(e) in respect of which the Director General gives a notification to the appropriate authority under paragraph 4(1)(c) of Schedule 3 (power of the Director General to require a complaint to be referred), or
(f) that the Director General is treating as having been referred to the Director General under paragraph 4A(1) of Schedule 3 (power of the Director General to treat complaint as having been referred).

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Source: https://www.legislation.gov.uk/uksi/2020/2/regulation/31 (the official version)
Page: https://openlegislation.uk/police-complaints-and-misconduct-regulations-2020/regulation-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.