Regulation 46 Restrictions on proceedings pending the conclusion of an investigationI1
United Kingdom
No criminal or disciplinary proceedings shall be brought in relation to any matter which falls to be determined under these Regulations until a report on that investigation has been submitted to the F1Director General or to the relevant appropriate authority under regulation 62 (final reports on investigations: complaints, conduct matters and certain DSI matters) or 65 (final reports on investigations: other DSI matters) F2or, where under regulation 62 the Director General has personally carried out the investigation, a report has been completed by the Director General.
Nothing in this regulation shall prevent the bringing of criminal or disciplinary proceedings in respect of any conduct at any time after the discontinuance of the investigation in accordance with the provisions of these Regulations which relate to that conduct.
The restrictions imposed by this regulation in relation to the bringing of criminal proceedings shall not apply to the bringing of criminal proceedings by the Director of Public Prosecutions F3... in any case in which it appears to that person that there are exceptional circumstances which make it undesirable to delay the bringing of such proceedings.
Where disciplinary proceedings are brought in relation to any matter which is the subject of an investigation under these Regulations, the relevant appropriate authority shall notify the Director General of that fact before such proceedings are brought.
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. 46(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 17(14) (with reg. 37)
- F3
Words in reg. 46(3) 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. 25
Commencement
- I1
Reg. 46 in force at 7.4.2010, see reg. 1(1)