Regulation 17 Duties to preserve evidence relating to complaintsI1

United Kingdom

(1)

This regulation applies where condition A or B is met.

(2)

Condition A is that—

(a)

a complaint is made to an appropriate authority about the conduct of an individual, and

(b)

that authority is the appropriate authority in relation to that individual.

(3)

Condition B is that—

(a)

an appropriate authority becomes aware that a complaint has been made to the F1Director General, and

(b)

that authority is the appropriate authority in relation to that individual.

(4)

The appropriate authority shall take all such steps as appear to that authority to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the conduct complained of.

(5)

The duty of the appropriate authority under paragraph (4) must be performed as soon as practicable after the complaint is made or after it becomes aware of the complaint.

(6)

After that, the appropriate authority shall be under a duty, until it is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to that authority to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the conduct complained of.

(7)

It shall be the duty of the appropriate authority to take all such specific steps for obtaining or preserving evidence relating to any conduct that is the subject-matter of a complaint as it may be directed by the Director General to take for the purposes of this regulation.

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. 18(2)(a) (with regs. 18(3), 37)

Commencement

I1: Reg. 17 in force at 5.8.2010, see reg. 1