Regulation 9 Joint investigation by deputy chief constable and Commissioner

After regulation 10 (preliminary assessment), insert—

“Joint investigation by deputy chief constable and Commissioner

10A.

(1)

This regulation applies where—

(a)

a misconduct investigation arises from facts and circumstances that concern both—

(i)

a constable to whom these Regulations apply, and

(ii)

a senior officer to whom the Senior Officers’ Conduct Regulations^f1 apply, and

(b)

the deputy chief constable and the Commissioner each determine that a joint investigation is appropriate.

(2)

Nothing in this regulation—

(a)

affects the separate statutory functions and duties of the deputy chief constable, and the investigator appointed, under these Regulations,

(b)

affects the separate statutory functions and duties of the Commissioner, and the investigator appointed, under the Senior Officers’ Conduct Regulations,

(c)

permits the substitution, modification or merging of any notice, procedure, report or decision required by these Regulations or the Senior Officers’ Conduct Regulations.

(3)

A joint investigation report must not be produced.

(4)

A joint investigation must not prejudice—

(a)

the procedural fairness to the constables involved in the investigation, in particular—

(i)

the right to make representations,

(ii)

the right to be represented,

(b)

the ability of independent determinations to be reached under these Regulations and the Senior Officers’ Conduct Regulations.

Conducting joint investigations

10B.

(1)

Where the deputy chief constable and the Commissioner determine that a joint investigation is appropriate, the deputy chief constable and the Commissioner must agree and record in writing a joint investigation strategy to determine—

(a)

the scope of any shared lines of enquiry,

(b)

whether, in relation to each witness, any interview would more appropriately be conducted—

(i)

jointly, by the investigator appointed under these Regulations and the investigator appointed under the Senior Officers’ Conduct Regulations, or

(ii)

separately, with records or summaries shared between investigators,

(c)

any safeguarding or welfare considerations in relation to any witness or victim involved in the investigation, including ensuring that any witness or victim is treated in a way that accords with trauma-informed practice.

(2)

The joint investigation strategy must state—

(a)

whether a witness will be interviewed jointly or separately by each investigator,

(b)

the reasons for that decision,

(c)

the arrangements for sharing documents, audio recordings, written records, evidence and other materials.

Joint interviews

10C.

(1)

A joint interview of a constable and a senior officer must not take place.

(2)

A joint interview of a witness may be conducted where—

(a)

the deputy chief constable and the Commissioner agree,

(b)

the approach is consistent with trauma-informed practice, and

(c)

the rights of each constable under the applicable Regulations are not prejudiced.

(3)

Any joint interview of a witness must—

(a)

be audio recorded unless both investigators agree that doing so would be inappropriate, in which case a single agreed written record must be prepared,

(b)

be made available in the appropriate form to both investigators for the purposes of preparation of their respective reports.

Joint investigations: information sharing

10D.

Investigators may share—

(a)

records of interviews (audio or written),

(b)

witness statements,

(c)

relevant documents,

(d)

an investigator’s report, and

(e)

any other material reasonably required for the conduct of each investigation,

including information relating to the matters specified in paragraphs (a) to (e).”.