The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

Recommendations by the Commission

81.—(1) This regulation applies where the Commission has received a report under—

(a) regulation 72(3) (report on completion of investigation of complaint or conduct matter supervised or managed by Commission),

(b) regulation 72(5) (report on completion of investigation of complaint or conduct matter by Commission itself ), or

(c) regulation 75(2) (report on completion of investigation of DSI matter that is not also conduct matter).

(2) This regulation also applies where the Commission has made a determination on an appeal under—

(a) regulation 28 (appeals relating to complaint dealt with other than by investigation), or

(b) regulation 77 (appeals with respect to an investigation).

(3) The Commission may make a recommendation in relation to a matter dealt with in the report or appeal.

(4) A recommendation under this regulation may be made to any person if it is made following the receipt of a report relating to a matter specified in paragraph (5).

(5) The matters specified for the purposes of paragraph (4) are—

(a) a DSI matter;

(b) a matter falling within regulation 33(1)(a);

(c) a matter relating to—

(i) a serious assault, as defined in guidance issued by the Commission(1);

(ii) a serious sexual assault, as defined in guidance issued by the Commission;

(iii) serious corruption, as defined in guidance issued by the Commission;

(iv) a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;

(v) a relevant offence;

(vi) conduct which took place in the same incident as one in which conduct falling within sub-paragraphs (i) to (v) took place; or

(d) a matter in respect of which the Commission gives a notification to the appropriate authority under regulation 33(1)(c);

(e) a complaint falling within regulation 22(1)(a);

(f) a complaint alleging conduct which constitutes—

(i) a serious assault, as defined in guidance issued by the Commission;

(ii) a serious sexual assault, as defined in guidance issued by the Commission;

(iii) serious corruption, as defined in guidance issued by the Commission;

(iv) a criminal offence or behaviour which is liable to lead to misconduct proceedings and which in either case was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the Commission;

(v) a relevant offence;

(g) a complaint which arises from the same incident as one in which any conduct falling within sub-paragraphs (e) or (f) took place;

(h) a complaint in respect of which the Commission gives a notification to the appropriate authority under regulation 22(1)(d); or

(i) an appeal relating to a complaint of a type described in sub-paragraphs (e) to (h).

(6) In any other case, a recommendation under this paragraph may be made only to—

(a) a chief officer, or

(b) a local policy body, or

(c) a contractor.

(7) Where the Commission makes a recommendation under this paragraph, it must also—

(a) publish the recommendation, and

(b) send a copy of it—

(i) in a case where the recommendation is made to a local policing body, to the chief officer of the police force maintained by that body;

(ii) in a case where the recommendation is made to a chief officer of a police force, to the local policing body that maintains the police force;

(iii) in a case where the recommendation is made to a contractor, to the chief officer of a police force to whom the contractor is providing services, and the local policing body that maintains the police force;

(iv) in any other case, to any person to whom the Commission thinks a copy should be sent.

(8) Nothing in this paragraph affects the power of the Commission to make recommendations or give advice under regulation 6(1)(e) (whether arising under these Regulations or otherwise).

(1)

Guidance issued by the Commission under section 22 of the 2002 Act in January 2013. This applies to paragraph (5)(c)(i) (iv) of this regulation. A copy is available at https://www.ipcc.gov.uk/page/statutory-guidance. A copy may be inspected at 90 High Holborn, London WC1V 6BH.