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Regulation 68 Action by the appropriate authority in response to an investigation report under regulation 66I1

United Kingdom

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

(1)

This regulation applies where—

(a)

a report of an investigation is submitted to the appropriate authority in accordance with regulation 66(2); or

(b)

a copy of a report on an investigation carried out under the supervision of the F1Director General is sent to the appropriate authority in accordance with regulation 66(3).

(2)

On receipt of the report or (as the case may be) of the copy, the appropriate authority—

(a)

shall determine whether the conditions set out in paragraphs (3) and (4) are satisfied in respect of the report;

(b)

if it determines that those conditions are so satisfied, shall notify the Director of Public Prosecutions F2... of the determination and send the Director a copy of the report; and

(c)

shall notify the persons mentioned in paragraph (7) of its determination under sub-paragraph (a) and of any action taken by it under sub-paragraph (b).

(3)

The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(4)

The second condition is that the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions F3....

(5)

The Director of Public Prosecutions F4... shall notify the appropriate authority of any decision of the Director to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to the Director under paragraph (2).

(6)

It shall be the duty of the appropriate authority to notify the persons mentioned in paragraph (7) if criminal proceedings are brought against any person by the Director of Public Prosecutions F5... in respect of any matters dealt with in a report copied to the Director under paragraph (2)(b).

(7)

Those persons are—

(a)

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 55 (duty to provide information for other persons); and

(b)

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

(8)

In the case of a report falling within paragraph (1)(b) which relates to a recordable conduct matter, the appropriate authority shall also notify the Director General of its determination under paragraph (2)(a).

(9)

On receipt of such a notification that the appropriate authority has determined that the conditions in paragraphs (3) and (4) are not satisfied in respect of the report, the Director General—

(a)

shall make F6the Director General’s own determination as to whether those conditions are so satisfied; and

(b)

if F7the Director General determines that they are so satisfied, shall direct the appropriate authority to notify the Director of Public Prosecutions F8... of the F9Director General’s determination and send the Director a copy of the report.

(10)

It shall be the duty of the appropriate authority to comply with any direction given to it under paragraph (9)(b).

(11)

On receipt of the report or (as the case may be) copy, the appropriate authority shall also—

(a)

determine—

(i)

whether any person to whose conduct the investigation related has a case to answer in respect of their conduct or has no case to answer, and

(ii)

what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report; and

(b)

determine what other action (if any) the authority will in its discretion take in respect of those matters.

(12)

On the making of the determinations under paragraph (11) the appropriate authority shall give a notification—

(a)

in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 55; and

(b)

in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that regulation.

(13)

The notification required by paragraph (12) is one setting out—

(a)

the findings of the report;

(b)

the determinations the authority has made under paragraph (11); and

(c)

the complainant’s right of appeal under regulation 74 (appeals to the Director General with respect to an investigation).

(14)

Regulation 60 shall have effect in relation to the duties imposed on the appropriate authority by paragraph (12) of this regulation.

(15)

Except so far as may be otherwise provided by these Regulations, the appropriate authority shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in paragraph (12) notification of the findings of the report by sending that person a copy of the report.

(16)

In relation to a DSI matter in respect of which a determination has been made under regulation 36(2) or (4), the references in this regulation to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.

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 reg. 68(2)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 34

F3

Words in reg. 68(4) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 34

F4

Words in reg. 68(5) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 34

F5

Words in reg. 68(6) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 34

F6

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)

F7

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)

F8

Words in reg. 68(9)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 34

F9

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

Commencement

I1

Reg. 68 in force at 5.8.2010, see reg. 1