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).