Regulation 43 Withdrawn and discontinued complaintsI1

United Kingdom

(1)

If an appropriate authority receives from a complainant notification in writing signed by the complainant or by a solicitor or other authorised agent on the complainant’s behalf to the effect either—

(a)

that the complainant withdraws the complaint, or

(b)

that the complainant does not wish any further steps to be taken in consequence of the complaint,

the appropriate authority shall forthwith record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be, and subject to the following provisions of this regulation, the provisions of these Regulations shall cease to apply in respect of that complaint.

(2)

Where a complainant gives such notification as is mentioned in paragraph (1) to the F1Director General but, so far as is apparent to the Director General, has not sent that notification to the appropriate authority, then—

(a)

the Director General shall send a copy of the notification to the appropriate authority;

(b)

that appropriate authority shall record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be; and

(c)

subject to the following provisions of this regulation, the provisions of these Regulations shall cease to apply in respect of that complaint.

(3)

Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where the appropriate authority receives a copy of a notification under paragraph (2), and it relates to a complaint—

(a)

which was referred to the Director General under regulation 28(1) (reference of complaints to the Director General) and which has not been referred back to the appropriate authority under regulation 29(2);

(b)

which the appropriate authority knows is currently the subject of an appeal to the Director General under regulation 21 (failures to notify or record a complaint), or 74 (appeals to the Director General with respect to an investigation; or

(c)

which was notified to the appropriate authority by the Director General under regulation 19(1) (initial handling and recording of complaints),

the appropriate authority shall notify the Director General that it has recorded the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken, as the case may be.

(4)

In a case falling within paragraph (3)(a), the Director General shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter, and shall notify the appropriate authority of F2the Director General’s decision.

(5)

In a case falling within sub-paragraphs (b) or (c) of paragraph (3), the appropriate authority shall also—

(a)

determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter, and

(b)

notify the Director General of its determination and the reasons for the determination.

(6)

Where a determination is made that a complaint is to be treated as a recordable conduct matter, the provisions of these Regulations shall apply to that matter.

(7)

Where a complainant gives such notification as is mentioned in paragraph (1) to an appropriate authority, or where an appropriate authority receives a copy of a notification under paragraph (2), and that notification relates to a complaint which does not fall within any of sub-paragraphs (a) to (c) of paragraph (3)—

(a)

the appropriate authority shall determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter;

(b)

if the complaint is to be treated as a recordable conduct matter, the provisions of these Regulations shall apply to that matter;

(c)

if the complaint is not to be treated as a recordable conduct matter, the provisions of these Regulations shall cease to apply in respect of that complaint.

(8)

In a case where—

(a)

a complaint has been subjected to an investigation by the appropriate authority on its own behalf;

(b)

the complaint is currently subject to an appeal to the Director General under regulation 74; and

(c)

the appropriate authority has notified the Director General under paragraph (5)(b) that it has determined that the complaint is not to be treated as a recordable conduct matter,

the Director General shall consider whether it is in the public interest for that determination to be reversed, and if so F3the Director General shall instruct the appropriate authority to reverse the decision.

(9)

Where a complainant indicates the wish to withdraw the complaint or the wish that no further steps are to be taken in consequence of the complaint, but the complainant fails to provide a notification to that effect in writing signed by or on behalf of the complainant—

(a)

in the case of an indication received by the appropriate authority, the authority shall take the steps set out in paragraph (10);

(b)

in the case of an indication received by the Director General, the Director General shall refer the matter to the appropriate authority which shall take the steps set out in paragraph (10).

(10)

Those steps are—

(a)

the appropriate authority shall write to the complainant to ascertain whether the complainant wishes to withdraw the complaint or does not wish any further steps to be taken in consequence of the complaint;

(b)

if the complainant indicates the wish to withdraw the complaint or does not wish any further steps to be taken in consequence of the complaint, or if the complainant fails to reply within 21 days from the date of the communication under sub-paragraph (a), the appropriate authority shall treat the indication as though it had been received in writing signed by the complainant;

(c)

if the complainant indicates the wish not to withdraw the complaint, or the wish that further steps be taken in consequence of the complaint, the appropriate authority shall start or resume the investigation as the case may be.

(11)

The appropriate authority shall notify the person complained against if—

(a)

it records the withdrawal of a complaint or the fact that the complainant does not wish any further steps to be taken;

(b)

it determines that a complaint shall be treated as a recordable conduct matter;

(c)

the Director General determines that a complaint shall be treated as a recordable conduct matter;

(d)

the Director General instructs it to reverse a decision not to treat a complaint as a recordable conduct matter; or

(e)

the provisions of these Regulations cease to apply in respect of a complaint.

(12)

But nothing in paragraph (11) shall require the appropriate authority to make a notification if it has previously decided under regulation 61(3) (copies of complaints etc) not to notify the person complained against of the complaint because it is of the opinion that that —

(a)

might prejudice any criminal investigation or pending proceedings, or

(b)

would be contrary to the public interest.

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: 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)(d) (with regs. 18(3), 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. 43 in force at 5.8.2010, see reg. 1