PART 4HANDLING DSI MATTERS
Procedure where conduct matter is revealed during investigation of DSI matter29
1
If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 39 (investigations supervised by the IPCC), 41 (investigations managed by the IPCC) or 42 (investigations by the IPCC itself) that there is an indication that a relevant officer, relevant official of the Secretary of State or an official exercising customs revenue functions (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
the person so appointed shall make a notification to that effect to the IPCC.
2
If, after considering a notification under paragraph (1), the IPCC determines that there is such an indication, it shall—
a
notify the relevant appropriate authority and send to it a copy of the submission under paragraph (1).
3
If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 38 (investigation by a police force at the request of the relevant appropriate authority), or 40 (investigation by a police force under the management or supervision of the IPCC) that there is an indication that a relevant officer, a relevant official of the Secretary of State or an official exercising customs revenue functions (“the person whose conduct is in question”) may have—
a
committed a criminal offence, or
b
behaved in a manner which would justify the bringing of disciplinary proceedings,
the person so appointed shall make a notification to that effect to the relevant appropriate authority and on completion on that investigation shall carry out the steps set out in regulation 61 (action by a police force on completion of an investigation report).
4
Where the relevant appropriate authority—
a
is notified of a determination by the IPCC under paragraph (2); or
b
is notified of a determination by the person appointed under regulation 38 or 40 in accordance with regulation 61(2);
it shall record the matter under regulation 18 (recording etc. of conduct matters in other cases) as a conduct matter (and the other provisions of Part 5 of these Regulations (investigations) shall apply in relation to that matter accordingly).
5
Where a DSI matter is recorded under regulation 18 as a conduct matter by virtue of paragraph (4)—
a
the person investigating the DSI matter shall (subject to any determination made by the IPCC under regulation 31(2) (power of the IPCC to determine the form of an investigation)) continue the investigation as if appointed to investigate the conduct matter, and
b
the other provisions of Part 5 of these Regulations shall apply in relation to that matter accordingly.