OpenLegislation

Regulation 42 Power of the Director General to discontinue an investigationF1I1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If, following a determination under regulation 29 (duties of the Director General on reference under regulation 28), 31 (duties of the Director General on reference under regulation 30) or 35 (duties of the Director General on reference under regulation 34), it appears at any time to the Director General (whether on an application by the appropriate authority or otherwise) that a complaint or matter that is being investigated—

(a)

by the appropriate authority on its own behalf, or

(b)

under the supervision or management of the Director General,

is of a description of complaint or matter specified in paragraph (5), the Director General may by order require the discontinuance of the investigation.

(2)

Where the Director General makes an order under this regulation or discontinues an investigation being carried out in accordance with regulation 48 (investigations by the Director General F2...), F3the Director General shall give notification of the discontinuance—

(a)

to the appropriate authority;

(b)

to every person entitled to be kept properly informed in relation to the subject matter of the investigation under regulation 55 (duty to provide information for other persons); and

(c)

in a case where the investigation that is discontinued is an investigation of a complaint, to the complainant.

(3)

Where an investigation of a complaint or recordable conduct matter or DSI matter is discontinued in accordance with this regulation—

(a)

the Director General may give the appropriate authority directions to do any such things as the Director General is authorised to direct under paragraphs (11) and (12);

(b)

the Director General may ... take any such steps of a description specified in regulations so made as the Director General considers appropriate for purposes connected with the discontinuance of the investigation; and

(c)

subject to the preceding paragraphs, neither the appropriate authority nor the Director General shall take any further action in accordance with the provisions of these Regulations in relation to that complaint or matter.

(4)

The appropriate authority shall comply with any directions given to it under paragraph (3).

(5)

The descriptions of complaint or matter are—

(a)

one in which the complainant refuses to co-operate to the extent that the Director General considers that it is not reasonably practicable to continue the investigation;

(b)

one which the Director General considers is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints, conduct matters or DSI matters;

(c)

one which is repetitious, as defined in paragraph (6); and

(d)

one which the Director General otherwise considers is such as to make it not reasonably practicable to proceed with the investigation.

(6)

A complaint is repetitious only if—

(a)

it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant), or it concerns substantially the same conduct as a previous conduct matter;

(b)

it contains no fresh allegations which significantly affect the account of the conduct complained of;

(c)

no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and

(d)

as respects the previous complaint or conduct matter, either—

(i)

the requirements of regulation 67(9) or 68(11) (determination by the appropriate authority of what action to take) were complied with;

(ii)

the Director General gave the appropriate authority a direction under paragraph (11)(b) (requirement to dispense with the requirements of these Regulations); or

(iii)

the complainant gave such notification of the withdrawal of the complaint as is mentioned in regulation 43(1)(a) (complainant withdraws the complaint).

(7)

The cases in which the Director General is authorised to discontinue an investigation that is being carried out in accordance with regulation 48 are any cases where the complaint, conduct matter or DSI matter under investigation falls within paragraph (5) of this regulation.

(8)

Any application by an appropriate authority to the Director General for an order that the Director General discontinue an investigation shall be in writing and shall be accompanied by—

(a)

a copy of the complaint, and

(b)

a memorandum from the appropriate authority containing a summary of the investigation undertaken so far and explaining the reasons for the application to discontinue the investigation.

(9)

The appropriate authority shall—

(a)

send the complainant a copy of any such application on the same day as the day on which the application is sent to the Director General, and

(b)

supply any further information requested by the Director General for the purpose of considering that application.

(10)

The Director General shall not require the discontinuance of an investigation in a case where there has been no application to do so by the appropriate authority unless the Director General has consulted with that authority.

(11)

A direction given to an appropriate authority by the Director General under paragraph (3) may—

(a)

require the appropriate authority to produce an investigation report on the discontinued investigation under regulation 66 and to take any subsequent steps under these Regulations;

(b)

where the investigation concerned a complaint, require the appropriate authority to dispense with the requirements of these Regulations as respects that complaint;

(c)

direct the appropriate authority to handle the matter in whatever manner (if any) that authority thinks fit.

(12)

For the purposes of this regulation the steps that may be taken by the Director General where an investigation is discontinued are—

(a)

to produce an investigation report on the discontinued investigation and take any subsequent steps required under these Regulations;

(b)

where the investigation concerned a complaint, to dispense with the requirements of these Regulations as respects that complaint;

(c)

to handle the matter in whatever manner the Director General thinks fit.

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)

F2

Word in Regulations omitted (8.1.2018) by virtue of The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 18(4) (with reg. 37)

F3

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)(c) (with regs. 18(3), 37)

Commencement

I1

Reg. 42 in force at 5.8.2010, see reg. 1