The UK Border Agency (Complaints and Misconduct) Regulations 2009

Reference of complaints to the IPCC

21.—(1) Where the complaint is—

(a) one alleging that the conduct complained of has resulted in death or serious injury;

(b) any complaint not falling within paragraph (a) but alleging conduct which constitutes—

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

(ii) a serious sexual offence, as defined in guidance issued by the IPCC;

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

(iv) a criminal offence aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status identified in guidance by the IPCC;

(v) a complaint which refers to an allegation of an infringement of Article 2 or 3 of the European Convention on Human Rights; or

(c) which arises from the same incident as one in which any conduct falling within paragraph (a) or (b) is alleged; or

(d) one in respect of which the IPCC notifies the relevant appropriate authority that it requires the complaint in question to be referred to the IPCC for its consideration,

it shall be the duty of the relevant appropriate authority to refer the complaint to the IPCC.

(2) 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 IPCC if that authority considers that it would be appropriate to do so by reason of—

(a) the gravity of the subject-matter of the complaint; or

(b) any exceptional circumstances.

(3) Where a complaint is required to be referred to the IPCC under paragraph (1)(a) or (b), notification of the complaint shall be given to the IPCC—

(a) 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

(b) in such manner as the IPCC specifies.

(4) Where a complaint is required to be referred to the IPCC under paragraph (1)(d), notification of the complaint shall be given to the IPCC—

(a) not later than the end of the day following the day on which the IPCC notifies the relevant appropriate authority that the complaint is to be referred, and

(b) in such manner as the IPCC specifies.

(5) Subject to paragraph (7), the following powers—

(a) the power of the IPCC by virtue of paragraph (1)(d) to require a complaint to be referred to it, and

(b) the power of the relevant appropriate authority to refer a complaint to the IPCC 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 IPCC.

(6) Where the relevant appropriate authority refers a complaint to the IPCC under this regulation that person or they shall give a notification of the making of the reference—

(a) to the complainant, and

(b) 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.

(7) A complaint that has already been referred to the IPCC under this regulation on a previous occasion—

(a) shall not be required to be referred again under this regulation unless the IPCC so directs; and

(b) shall not be referred in exercise of any power conferred by this regulation unless the IPCC consents.

(8) Where a complaint is required to be referred to the IPCC under paragraph (1)(d), notification of the complaint shall be given to the IPCC—

(a) not later than the end of the day following the day on which the IPCC notifies the relevant appropriate authority that the complaint is to be referred, and

(b) in such manner as the IPCC specifies.