Regulation 21 Reference of complaints to the Director GeneralF1I1
United Kingdom
Where the complaint is—
one alleging that the conduct complained of has resulted in death or serious injury;
any complaint not falling within paragraph (a) but alleging conduct which constitutes—
a serious assault, as defined in guidance issued by the Director General;
a serious sexual offence, as defined in guidance issued by the Director General;
serious corruption, as defined in guidance issued by the Director General;
a criminal offence aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in F2guidance issued by the Director General;
a complaint which refers to an allegation of an infringement of Article 2 or 3 of the European Convention on Human Rights; or
which arises from the same incident as one in which any conduct falling within paragraph (a) or (b) is alleged; or
it shall be the duty of the relevant appropriate authority to refer the complaint to the Director General.
In a case where there is no obligation under paragraph (1) to make a reference, the relevant appropriate authority may refer a complaint to the Director General if that authority considers that it would be appropriate to do so by reason of—
the gravity of the subject-matter of the complaint; or
any exceptional circumstances.
Where a complaint is required to be referred to the Director General under paragraph (1)(a) or (b), notification of the complaint shall be given to the Director General—
not later than the end of the day following the day on which it first becomes clear to the relevant appropriate authority that the complaint is one to which that sub-paragraph applies, and
in such manner as the Director General specifies.
Where a complaint is required to be referred to the Director General under paragraph (1)(d), notification of the complaint shall be given to the Director General—
not later than the end of the day following the day on which the Director General notifies the relevant appropriate authority that the complaint is to be referred, and
in such manner as the Director General specifies.
Subject to paragraph (7), the following powers—
the power of the Director General by virtue of paragraph (1)(d) to require a complaint to be referred to the Director General , and
the power of the relevant appropriate authority to refer a complaint to the Director General under paragraph (2),
shall each be exercisable at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General.
Where the relevant appropriate authority refers a complaint to the Director General under this regulation the relevant appropriate authority shall give a notification of the making of the reference—
to the complainant, and
except in a case where it appears to the relevant appropriate authority that to do so might prejudice a possible future investigation of the complaint, to the person complained against.
A complaint that has already been referred to the Director General under this regulation on a previous occasion—
shall not be required to be referred again under this regulation unless the Director General so directs; and
shall not be referred in exercise of any power conferred by this regulation unless the Director General consents.
Where a complaint is required to be referred to the Director General under paragraph (1)(d), notification of the complaint shall be given to the Director General—
not later than the end of the day following the day on which the Director General notifies the relevant appropriate authority that the complaint is to be referred, and
in such manner as the Director General specifies.
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), regs. 1, 17(2)(c) (with regs. 17(3), 37)
- F2
Words in reg. 21(1)(b)(iv) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(11) (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), regs. 1, 17(2)(e) (with regs. 17(3), 37)
- F4
Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(2)(f) (with regs. 17(3), 37)
Commencement
- I1
Reg. 21 in force at 7.4.2010, see reg. 1(1)