The Revenue and Customs (Complaints and Misconduct) Regulations 2010

PART 5 HANDLING DEATH AND SERIOUS INJURY (DSI)

Duty to record DSI matters

32.—(1) Where a DSI matter comes to the attention of the appropriate authority, it shall be the duty of the appropriate authority to record that matter.

(2) If it appears to the IPCC—

(a) that any matter that has come to its attention is a DSI matter, but

(b) that that matter has not been recorded by the appropriate authority,

the IPCC may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

Duty to preserve evidence relating to DSI matters

33.—(1) Where a DSI matter comes to the attention of the appropriate authority it shall be the duty of that authority to take all such steps as appear to it to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to that matter.

(2) The duty of the appropriate authority under paragraph (1) must be performed as soon as practicable after it becomes aware of the matter in question.

(3) After that, the appropriate authority shall be under a duty to continue to take the steps from time to time appearing to it to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the matter, until it is satisfied that it is no longer necessary to do so.

(4) It shall be the duty of the appropriate authority to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as it may be directed to take for the purposes of this regulation by the IPCC.

Reference of DSI matters to the IPCC

34.—(1) It shall be the duty of the appropriate authority to refer a DSI matter to the IPCC.

(2) The appropriate authority must do so within the period specified in regulation 27(2) (recording and reference of conduct matters).

(3) A matter that has already been referred to the IPCC under this regulation on a previous occasion shall not be required to be referred again under this regulation unless the IPCC so directs.

Duties of IPCC on references under regulation 34

35.—(1) It shall be the duty of the IPCC, in the case of every DSI matter referred to it by the appropriate authority, to determine whether or not it is necessary for the matter to be investigated.

(2) Where the IPCC determines under this regulation that it is not necessary for a DSI matter to be investigated, it may if it thinks fit refer the matter back to the appropriate authority to be dealt with by it in such manner (if any) as the appropriate authority may determine.

Procedure where conduct matter is revealed during investigation of DSI matter

36.—(1) If during the course of an investigation of a DSI matter it appears to a person designated under regulation 47 or 48 or appointed to undertake an investigation under the management of the IPCC under regulation 46, that there is an indication that 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 submission to that effect to the IPCC.

(2) If, after considering a submission under paragraph (1), the IPCC determines that there is such an indication, it shall—

(a) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of its determination, and

(b) send to it (or each of them) 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 44 or 45 or appointed to undertake an investigation under the supervision of the IPCC under regulation 46, that there is an indication that 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 submission to that effect to the appropriate authority in relation to the DSI matter.

(4) If, after considering a submission under paragraph (3), the appropriate authority determines that there is such an indication, it shall—

(a) if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under paragraph (3), and

(b) notify the IPCC of its determination and send to it a copy of the submission under paragraph (3).

(5) Where the appropriate authority in relation to the person whose conduct is in question—

(a) is notified of a determination by the IPCC under paragraph (2),

(b) (in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under paragraph (4), or

(c) (in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under paragraph (4),

it shall record the matter under regulation 24 (recording etc of conduct matters in other cases) as a conduct matter (and the other provisions of these Regulations shall apply in relation to that matter accordingly).

(6) Where a DSI matter is recorded under regulation 24 as a conduct matter by virtue of paragraph (5)—

(a) the person investigating the DSI matter shall (subject to any determination made by the IPCC under regulation 38(6)) continue the investigation as if appointed or designated to investigate the conduct matter, and

(b) the other provisions of these Regulations shall apply in relation to that matter accordingly.