PART 7Reports and Recommendations
Recommendations by the Commission81
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 Commission21;
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).