where the expression of dissatisfaction relates to conduct of a member of a service police force, if the person is a person falling within paragraph (3);

in any other case, if the person has been adversely affected by the matter about which dissatisfaction is expressed.

a person who claims to be the person in relation to whom the conduct took place;

a person not falling within sub-paragraph (a) who claims to have been adversely affected by the conduct; or

a person who claims to have witnessed the conduct.

committed a service offence; or

behaved in a manner that would justify the initiation of administrative action procedures.

it was only because the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that the person was able to see or hear the conduct or its effects; or

the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect.

that person acquired knowledge of that conduct in a manner which would make that person a competent witness capable of giving admissible evidence of that conduct in proceedings before a Court Martial; or

that person has in their possession or under their control anything which would in any such proceedings constitute admissible evidence of that conduct.

that other person is for the time being designated for the purposes of this Part by the Commissioner as a person through whom complaints may be made, or that other person is of a description of persons so designated; or

the other person has been given, and is able to produce, the written consent to that person so acting of the person on whose behalf they act.

to the person by whom the complaint or purported complaint was made; or

in a case where the complaint or purported complaint was made on behalf of someone else, to the person on whose behalf it was made;

a person who, at the time when the conduct is supposed to have taken place, was under the direction of the same Provost Marshal as the person whose conduct is in question; or

who is a member of the service police force with which dissatisfaction is expressed; or

where the dissatisfaction is expressed in relation to the tri-service serious crime unit, was a member of the tri-service serious crime unit at the time the matter the complaint relates to occurred.

in or in consequence of which a person has died or has sustained serious injury; and

in relation to which the requirements of paragraph (15) or (16) are satisfied.

had been arrested by a member of a service police force and had not been released from that arrest; or

was otherwise detained in the custody of a member of a service police force.

at or before the time of the death or serious injury the person has contact (of whatever kind, and whether direct or indirect) with a member of a service police force who was acting in the execution of their duties as a member of such a force; and

there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.

as if the person were still serving in the position in which the person last served; and

as if they did not include any requirement for the Commissioner or appropriate authority to determine whether administrative action procedures should be initiated against a person whose conduct is the subject-matter of a report.

in regulation 46(5) the reference to “regulations 47 to 52” is to be read as a reference to “regulations 47 to 51A”;

in regulation 48(1)(e) the reference to “regulation 50” is to be read as a reference to “regulation 50 or 51A”;

this Part is to be read as if regulation 52 were omitted.

a complaint is made to a Provost Marshal about the conduct of a member of a service police force under their direction; or

a Provost Marshal becomes aware that a complaint has been made to the Commissioner, the Defence Council or a Board about the conduct of a member of a service police force under that Provost Marshal’s direction,

determine whether or not it is the appropriate authority; and

if it determines that it is not, give notification of the complaint to the appropriate authority.

determine whether or not that person is the appropriate authority; and

if that person determines that they are not the appropriate authority, give notification of the complaint to the appropriate authority.

the Defence Council or a Board determines under paragraph (3)(a) that it is the appropriate authority;

a Provost Marshal determines under paragraph (4)(a) that they are the appropriate authority; or

notification of the complaint has been given to the Defence Council, a Board or a Provost Marshal that it is or they are the appropriate authority under this regulation,

at any time the complainant indicates a wish for the complaint to be recorded; or

the appropriate authority determines that the complaint is to be handled in accordance with this Part.

the complaint is one alleging that the conduct or other matter complained of has resulted in death or serious injury;

the complaint is one alleging that there has been conduct by a member of a service police force which (if proved) might constitute the commission of a service offence or would justify the initiation of administrative action procedures;

the conduct or other matter complained of (if proved) might have involved the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998); or

the complaint falls within sub-paragraph (b), (c) or (d) of regulation 13(1).

the complaint alleges that the conduct or other matter complained of has resulted in death or serious injury;

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

the Commissioner notifies the appropriate authority that the complaint in question is to be referred to the Commissioner.

the gravity of the subject-matter of the complaint; or

any exceptional circumstances.

the gravity of the subject-matter of the complaint; or

any exceptional circumstances.

the power of the Commissioner by virtue of paragraph (1)(e) to require a complaint to be referred to the Commissioner;

the power of an appropriate authority to refer a complaint to the Commissioner under paragraph (2); or

the power of the Defence Council or Board to refer a complaint to the Commissioner under paragraph (3),

the complainant; and

except in a case where it appears to that body or person that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

the complainant;

except in a case where it appears to that body that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any); and

the appropriate authority.

is not required to be referred again under this regulation unless the Commissioner so directs; and

must not be referred in exercise of any power conferred by this regulation unless the Commissioner consents.

regulations 12 and 13 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by regulation 13(9); and

regulations 16, 17, 18, 32, and 64 apply in relation to the complaint as if it had been referred to the Commissioner by the appropriate authority under regulation 13.

the appropriate authority;

the complainant;

except in a case where it appears to the Commissioner that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).

a copy of the record made of the complaint to the complainant; and

subject to the following provisions of this regulation, a copy of the complaint to the person complained against (if any).

might prejudice any investigation or pending proceedings relating to a service offence; or

would otherwise be contrary to the public interest.

that relate to the conduct of a Provost Marshal; and

in respect of which there is an indication that the Provost Marshal may have committed a service offence or behaved in a way which would justify the initiation of administrative action procedures.

in a case where the complaint is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commissioner’s determination), the Commissioner must refer the complaint back to the appropriate authority for the investigation to be completed; and

in any other case, the Commissioner may, if the Commissioner thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with regulation 17.

to the complainant; and

except in a case where it appears to the Commissioner that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against (if any).

making arrangements for the complaint to be investigated by the authority on its own behalf;

notifying the complainant that no further action is to be taken in relation to the complaint.

a member of a service police force may have committed a service offence or behaved in a manner that would justify the initiation of administrative action procedures; or

there may have been the infringement of a person’s rights under Article 2 or 3 of the Convention (within the meaning of the Human Rights Act 1998).

there is no fresh substantive evidence in respect of that conduct or other matter which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and

the appropriate authority;

every person entitled to be kept properly informed in relation to the complaint under regulation 78; and

the person complained against (if any).

determine that it is necessary for the complaint to be investigated;

make a recommendation under regulation 68.

where the complaint has not previously been referred to the Commissioner under regulation 13, make a recommendation to the appropriate authority that it refer the complaint to the Commissioner under paragraph (2) of that regulation;

make a recommendation to the appropriate authority that it make arrangements for the complaint to be investigated by the authority on its own behalf;

make a recommendation under regulation 68.

the appropriate authority;

the complainant concerned;

every person entitled to be kept properly informed in relation to the complaint under regulation 78; and

except in a case where it appears to the relevant review body that to do so might prejudice any investigation of the complaint, the person complained against (if any).

withdraws the complaint; or

does not wish any further steps to be taken.

was referred to the Commissioner under regulation 13(1) or is being treated by the Commissioner as having been so referred under regulation 14(1); and

has not been referred back to the appropriate authority under regulation 16(4),

determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and

notify the appropriate authority and, in a case falling within paragraphs (3) and (4) in which the relevant review body is the Defence Council or a Board, the relevant review body of the Commissioner’s determination.

determine whether it is in the public interest for the complaint to be treated as a recordable conduct matter; and

notify the relevant review body of its determination and the reasons for it.

a complaint is subject to a review by the Commissioner under regulation 64; and

the appropriate authority notifies the Commissioner (as the relevant review body) under paragraph (6)(b) that it has determined that the complaint is not to be treated as a recordable conduct matter,

it records the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken;

a determination is made under paragraph (5), (6) or (7) that it is in the public interest for the complaint to be treated as a recordable conduct matter;

the Commissioner instructs the appropriate authority to reverse a determination not to treat the complaint as a recordable conduct matter; or

this Part ceases to apply to the complaint.

might prejudice any investigations relating to a service offence or pending proceedings; or

would otherwise be contrary to the public interest.

to withdraw the complaint; or

that no further steps be taken,

replies confirming the complainant’s wish to withdraw the complaint or that no further steps be taken; or

does not reply within a period of 28 days starting with the day after the day the letter was sent by the appropriate authority in accordance with paragraph (2),

the Defence Council, a Board or a Provost Marshal has received notification (whether or not under this paragraph) that civil proceedings relating to any matter have been brought by any person, or it otherwise appears that such proceedings are likely to be so brought; and

it appears to that body or that Provost Marshal (whether at the time of the notification or at any time subsequently) that those proceedings involve or would involve a conduct matter.

must consider whether it is or they are the appropriate authority in relation to the conduct matter in question; and

if the body or the Provost Marshal is not, must notify the body or person that is the appropriate authority about the proceedings, or the proposal to bring them, and about the circumstances that make it appear as mentioned in paragraph (1)(b).

there is no fresh indication that a member of a service police force may have committed a service offence or behaved in a way which would justify the initiation of administrative action procedures;

there is no fresh substantive evidence which was not reasonably available at the time the previous complaint was made or the previous conduct matter was recorded; and

the previous complaint or previous conduct matter has been or is being investigated or (in the case of a complaint) otherwise handled in accordance with this Part.

records a matter under this regulation; and

is not required to refer the matter to the Commissioner under regulation 24 and does not do so,

they relate to such a matter; or

they are proceedings that relate to a matter in relation to which a conduct matter, or evidence of a conduct matter, is or may be relevant.

a conduct matter comes (otherwise than as mentioned in regulation 21) to the attention of the appropriate authority in relation to that matter, and

it appears to the appropriate authority that the conduct involved in that matter falls within paragraph (2).

it appears to have resulted in the death of any person or in serious injury to any person;

any person has been adversely affected by it; or

records a matter under this paragraph, and

is not required to refer the matter to the Commissioner under regulation 24 and does not do so,

that matter relates to any incident or circumstances in or in consequence of which any person has died or suffered serious injury or to conduct falling within regulation 22(2)(c)(i) to (v), (vii) or (viii); or

the Commissioner notifies the appropriate authority that the matter must be referred to the Commissioner.

the gravity of the matter; or

any exceptional circumstances.

the gravity of the matter; or

any exceptional circumstances.

if the matter falls within paragraph (1)(a), without delay and in any event not later than the end of the day following the day on which it becomes clear to the appropriate authority that the conduct matter is one to which that paragraph applies;

if the matter falls within paragraph (1)(b), without delay and in any event not later than the end of the day following the day on which the Commissioner notifies the appropriate authority that the conduct matter is to be referred.

the Commissioner by virtue of paragraph (1)(b) to require a matter to be referred to the Commissioner;

the appropriate authority to refer any matter to the Commissioner under paragraph (2); and

the Defence Council or a Board to refer any matter to the Commissioner under paragraph (3),

an appropriate authority refers a matter to the Commissioner under this regulation; and

that authority does not consider that to do so might prejudice an investigation of that matter (whether an existing investigation or a possible future one),

is not required to be referred again under this paragraph unless the Commissioner so directs; and

must not be referred in exercise of any power conferred by this regulation unless the Commissioner consents.

regulations 21, 22 and 24 do not apply, or cease to apply, in relation to the matter except to the extent provided for by regulation 24(7); and

regulations 26 and 32 apply in relation to the matter as if it had been referred to the Commissioner by the appropriate authority under regulation 24.

the appropriate authority;

except in a case where it appears to the Commissioner that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.

in a case where the recordable conduct matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commissioner’s determination), the Commissioner must refer the matter back to the appropriate authority for the investigation to be completed; and

in any other case, the Commissioner may, if the Commissioner thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

the Commissioner refers a matter back to the appropriate authority under this regulation; and

the Commissioner does not consider that to do so might prejudice an investigation of that matter (whether an existing investigation or a possible future one),

the relevant officer in relation to a DSI matter is a Provost Marshal; and

the DSI matter comes to the attention of the appropriate authority for that Provost Marshal,

a Provost Marshal becomes aware of a DSI matter; and

the relevant officer was under the direction of that Provost Marshal at the time the DSI matter occurred,

in a case where the Commissioner directs that the matter be referred to the Commissioner, without delay and in any event not later than the end of the day following the day on which the Commissioner so directs; and

in any other case, without delay and in any event not later than the end of the day following the day on which the matter first comes to the attention of the appropriate authority.

regulations 27 and 29 do not apply, or cease to apply, in relation to the matter except to the extent provided for by regulation 29(3); and

regulations 31 and 32 apply in relation to the matter as if it had been referred to the Commissioner by the appropriate authority under regulation 29.

in a case where the DSI matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Commissioner’s determination) the Commissioner must refer the matter back to the appropriate authority for the investigation to be completed; and

in any other case, the Commissioner may, if the Commissioner thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

a complaint, recordable conduct matter or DSI matter is referred to the Commissioner; and

the Commissioner determines under regulation 16(1), 26(1) or 31(1) that it is necessary for the complaint or matter to be investigated.

an investigation by the appropriate authority on its own behalf;

an investigation by that authority under the direction of the Commissioner;

an investigation by the Commissioner.

it would be more appropriate for the investigation to take the form of an investigation by the Commissioner, the Commissioner must make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form;

having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf, the Commissioner may make a further determination under this regulation (to replace the earlier one) that the investigation is instead to take that form.

the appropriate authority; and

any person previously appointed to carry out the investigation,

every person entitled to be kept properly informed in relation to the complaint or matter under regulation 78;

where the determination is made in relation to a complaint, the complainant;

the person to whose conduct the investigation will relate.

a determination falls to be made by that authority under regulation 21(8), 22(8) or 26(4) in relation to any recordable conduct matter or under regulation 31(5) in relation to any DSI matter; and

the appropriate authority determines that it is necessary for the matter to be investigated by the authority on its own behalf.

to select another person falling within paragraph (2) to investigate the complaint or matter; and

to notify the Commissioner of the person selected.

before the appropriate authority was given notice of the Commissioner’s determination that it should direct the investigation by the appropriate authority;

under paragraph (2) (including where the appointment was approved by the Commissioner in accordance with paragraph (3)); or

under paragraph (6)(a).

the appropriate authority must appoint that person to investigate the complaint or matter if, but only if, the Commissioner notifies the authority that the appointment of that person is approved;

if the Commissioner notifies the authority that the appointment of that person is not approved, the appropriate authority must make another selection in accordance with paragraph (4).

a person to take charge of the investigation; and

such members of the Commissioner’s staff as are required by the Commissioner to assist the person designated to take charge of the investigation.

the Commissioner acting personally; or

an investigating officer appointed under section 365BB of the 2006 Act.

is designated under paragraph (2) in relation to any investigation; but

does not already have all the powers of a service policeman,

where the appropriate authority is a Provost Marshal, to the appropriate authority for that Provost Marshal, except where it appears to that Provost Marshal that to do so might prejudice the investigation or any other investigation; and

to the Commissioner.

where the appropriate authority is a Provost Marshal, to that Provost Marshal and the appropriate authority for that Provost Marshal; and

in any other case, to the appropriate authority,

each subsequent period of six months starting with the day after the end of the previous relevant period.

the date on which any notice was given under regulation 48(1);

the progress of the investigation;

an estimate of when the report on the investigation will be submitted or completed under regulation 56 or 60;

the reason for the length of time being taken to complete the investigation; and

a summary of planned steps to progress the investigation and bring it to a conclusion.

except where paragraph (6) applies, the complainant (if any) and any interested person; and

except in a case where it appears to the appropriate authority or the Commissioner (as the case may be) that to do so might prejudice the investigation or any other investigation, the person to whose conduct the investigation relates.

an investigation being carried out by the Commissioner should instead take the form of an investigation by the appropriate authority on its own behalf or an investigation by that authority under the direction of the Commissioner; or

an investigation being carried out by the appropriate authority under the direction of the Commissioner should instead take the form of an investigation by the appropriate authority on its own behalf.

any investigation relating to a service offence or disciplinary proceedings; or

any criminal investigation or criminal proceedings.

to provide information that might incriminate the person;

to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information.

specify or describe the information that is required by the Commissioner and the form in which it must be provided;

specify the period within which the information must be provided;

give details of the right of appeal against the information notice under regulation 45.

if there are reasonable grounds for believing that the premises on which the material is held are located in a part of the United Kingdom, to any court of law in that part of the United Kingdom which has power to commit for contempt;

otherwise to the High Court in England and Wales.

fail or refuse to provide the information required by the notice; or

knowingly or recklessly provide information in response to the notice that is false in a material respect.

it must quash the notice; and

it may give directions to the Commissioner in relation to the service of a further information notice.

the investigation is an investigation of a complaint; and

during the course of the investigation it appears to the person investigating or, in the case of an investigation by a designated person under regulation 36, the Commissioner, that there is an indication that a member of a service police force to whose conduct the investigation relates may have committed a service offence or behaved in a manner that would justify the initiation of administrative action procedures.

the investigation is an investigation of a complaint being carried out by a person appointed under regulation 34; and

during the course of the investigation the Commissioner determines that there is an indication that a member of a service police force to whose conduct the investigation relates may have committed a service offence or behaved in a manner that would justify the initiation of administrative action procedures.

the investigation is an investigation of a recordable conduct matter; and

the investigation relates to the conduct of a member of a service police force.

form an opinion as to whether the conduct alleged, if proved, would amount to misconduct that is so serious as to justify the initiation of administrative action procedures or to gross misconduct;

notify the Commissioner of that opinion; and

refer the case to the Commissioner, for the Commissioner to make a severity assessment in relation to the conduct of the person concerned.

is carried out by the appropriate authority under regulation 34; or

is carried out by a person designated under regulation 36.

the member required for interview or the member’s accompanying person will not be available at that time; and

the member proposes an alternative time which satisfies paragraph (5), the interview must be postponed to the time proposed by that member.

be reasonable; and

fall before the end of the period of 5 working days beginning with the first working day after the day specified by the relevant investigator or, in the case of an investigation by a designated person under regulation 36 who is not the Commissioner, the Commissioner.

“accompanying person” means a person nominated by the member of the service police force to be interviewed and who is not otherwise involved in the matter;

“relevant investigator” means a person appointed or designated to investigate under regulation 34 or 36.

a report on that investigation has been submitted to the Commissioner or to the appropriate authority under regulation 56 or 60; or

where under regulation 36 the Commissioner has personally carried out the investigation, a report has been completed by the Commissioner.

committed a service offence; or

behaved in a manner that would justify initiating administrative action procedures,

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 the Commissioner’s determination; and

send to it (or each of them) a copy of the submission under paragraph (1).

committed a service offence; or

behaved in a manner that would justify initiating administrative action procedures,

committed a service offence; or

behaved in a manner which would justify initiating administrative action procedures,

prepare a record of the determination;

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 the determination; and

send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).

committed a service offence; or

behaved in a manner which would justify initiating administrative action procedures,

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 (6); and

notify the Commissioner of its determination and send to it a copy of the submission under paragraph (6).

is notified of a determination by the Commissioner under paragraph (2) or (3);

is notified of a determination by the Commissioner under paragraph (5);

makes (in a case where it is also the appropriate authority in relation to the DSI matter) a determination under paragraph (7); or

is (in a case where it is not the appropriate authority in relation to the DSI matter) notified by that other authority of a determination by it under paragraph (7),

the person investigating the DSI matter must (subject to any determination made by the Commissioner under regulation 32(9) or (10)) continue the investigation as if appointed or designated to investigate the conduct matter; and

the other provisions of this Part apply in relation to that matter accordingly.

a complaint; or

a conduct matter.

submit a report of the investigation to the Commissioner; and

send a copy of that report to the appropriate authority.

the appropriate authority in relation to the DSI matter; and

(where different) the appropriate authority in relation to the person whose conduct is in question.

submit a report on the investigation to the Commissioner; or

where the person in charge of the investigation is the Commissioner acting personally, complete a report on the investigation.

include an accurate summary of the evidence;

be accompanied by, or refer to, any relevant documents; and

include the opinion of the person investigating as to whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer.

considers that the document or item is of relevance to the investigation; and

requires a copy of the document or the item for either or both of the purposes mentioned in paragraph (11).

enable administrative action procedures to be initiated; and

ensure that any such person receives a fair hearing with respect to any administrative action procedures relating to their conduct.

a report on an investigation carried out under the direction of the Commissioner is submitted to the Commissioner under regulation 56(3); or

a report on an investigation carried out by a person designated by the Commissioner is submitted to the Commissioner, or is otherwise completed, under regulation 56(5).

if it appears that the appropriate authority has not already been sent a copy of the report, send a copy of the report to that authority;

determine whether the conditions set out in paragraphs (5) and (6) are satisfied in respect of the report;

if the Commissioner determines that those conditions are so satisfied, notify the appropriate prosecutor of the determination and send a copy of the report to the appropriate prosecutor; and

notify the appropriate authority and the persons mentioned in paragraph (8) of the Commissioner’s determination under sub-paragraph (b) and of any action taken by the Commissioner under sub-paragraph (c).

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 78; and

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

having considered the views (if any) of the appropriate authority, make a determination as to the matter described in sub-paragraph (a)(i) and whether or not administrative action procedures should be initiated against any person to whose conduct the investigation related;

having considered the views (if any) of the appropriate authority and if the Commissioner considers it appropriate to do so, make a determination as to any other matter arising from sub-paragraph (a)(ii), being a determination other than one that the Commissioner is required to make under paragraph (3)(b) of this regulation or sub-paragraph (b) of this paragraph;

notify the appropriate authority of the Commissioner’s determination under sub-paragraph (b) and any determination under sub-paragraph (c);

direct the appropriate authority to determine what action (if any) the appropriate authority will in its discretion take, in respect of the matters dealt with in the report and having regard to the Commissioner’s determination under sub-paragraph (b) and any determination under sub-paragraph (c).

determine whether the conditions set out in paragraphs (3) and (4) are satisfied in respect of the report;

if it determines that those conditions are so satisfied, notify the appropriate prosecutor of the determination and send a copy of the report to the appropriate prosecutor; and

notify the persons mentioned in paragraph (6) of its determination under sub-paragraph (a) and of any action taken by it under sub-paragraph (b).

in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under regulation 78; and

in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that regulation.

determine whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

if it considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that it is required to make by paragraph (2)(a) or sub-paragraph (a) of this paragraph; and

determine what action (if any) the authority will in its discretion take in respect of the matters dealt with in the report.

take the action which it determines under paragraph (7) that it will in its discretion, take; and

in a case where that action consists of or includes the initiation of administrative action procedures, secure that those proceedings, once brought, are proceeded with to a proper conclusion.

submit a report on the investigation to the Commissioner; and

send a copy of that report to the appropriate authority.

committed a service offence; or

behaved in such a manner that would justify the initiation of administrative action procedures.

committed a service offence; or

behaved in a manner that would justify the initiation of administrative action procedures,

the person investigating the DSI matter must (subject to any determination made by the Commissioner under regulation 32(9) or (10)) investigate the conduct matter as if appointed or designated to do so; and

the other provisions of this Part apply in relation to that matter accordingly.

a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out under the direction of the Commissioner has been submitted to the Commissioner under regulation 56(3) or 60(2);

a report on an investigation of a complaint, recordable conduct matter or DSI matter carried out by a person designated by the Commissioner has been submitted to the Commissioner (or, in the case of an investigation carried out under regulation 36 by the Commissioner personally, is otherwise completed by the Commissioner) under regulation 56(5) or 60(2).

the Commissioner determines under paragraph (3) or (7) that a re-investigation is to take the form of an investigation by the Commissioner; and

at any time after that the Commissioner determines that paragraph (4) applies in relation to the re-investigation,

every person entitled to be kept properly informed in relation to the complaint, recordable conduct matter or DSI matter (as the case may be) under regulation 78;

where the determination is made in relation to a complaint, the complainant;

the person to whose conduct the re-investigation will relate.

the appropriate authority;

every person entitled to be kept properly informed in relation to the complaint under regulation 78; and

the person complained against (if any).

forward the application to that body; and

notify the person who applied for the review that the Defence Council or that Board (as the case may be) is the relevant review body and that the application has been forwarded to it.

forward the application to the Commissioner; and

notify the person who applied for the review that the Commissioner is the relevant review body and that the application has been forwarded to the Commissioner.

a copy of the report of the investigation; and

such information concerning the authority’s determinations under regulation 58 as is described in a notification given by the relevant review body to the authority.

make findings in place of, or in addition to, findings of the investigation;

direct that the complaint be re-investigated;

make a recommendation under regulation 68.

where it accepts the recommendation, it must notify the Commissioner of the steps that it is proposing to take to give effect to it; or

if it does not accept the recommendation, it must notify the Commissioner of the reasons for not accepting it.

the recommendation has been accepted, and of the steps that have been, or are to be taken, by the appropriate authority to give effect to it; or

the recommendation has not been accepted and the reasons for the decision.

make a recommendation to the appropriate authority that the complaint be re-investigated by the authority on its own behalf;

where the complaint has not previously been referred to the Commissioner under regulation 13, make a recommendation to the appropriate authority that it refer the complaint to the Commissioner under paragraph (2) of that regulation;

make a recommendation under regulation 68.

on a review applied for under paragraph (1), the relevant review body determines that the report of the investigation indicates that a service offence may have been committed by a person (if any) to whose conduct the investigation related; and

the circumstances are such that, in the opinion of the relevant review body, it is appropriate for the matters dealt with in the report to be considered by the appropriate prosecutor.

if the Commissioner is the relevant review body, the Commissioner must notify the appropriate prosecutor of the determination under paragraph (13) and send the appropriate prosecutor a copy of the report;

subject to paragraph (c)(ii), the body or person to whom the recommendation is made must provide the response mentioned in paragraph (a) before the end of the period of 28 days starting with the day after the day on which the recommendation was made;

to the appropriate authority;

to the complainant concerned;

to every person entitled to be kept properly informed in relation to the complaint under regulation 78; and

except in a case where it appears to the relevant review body that to do so might prejudice any re-investigation of the complaint, to the person complained against (if any).

“complainant concerned” means the complainant who applied under paragraph (1);

references in relation to an investigation to the outcome of the complaint do not include the outcome of any disciplinary or criminal proceedings or administrative action procedures brought in relation to any matter which was the subject of the investigation.

regulation 18 (reviews relating to complaints dealt with other than by investigation);

regulation 64 (reviews with respect to an investigation).

any time elapsing between the application for a review being received by the Commissioner under regulation 64(3) and being forwarded to the relevant review body;

any time elapsing between the application for a review being received by the Defence Council or a Board under regulation 64(4) and being forwarded to the Commissioner.

details of the complaint;

the date on which the complaint was made;

the name of the appropriate authority whose decision is the subject of the application; and

the date on which the information mentioned in regulation 78(10)(c) was provided to the complainant.

the complainant;

every person entitled to be kept properly informed in relation to the complaint under regulation 78;

the person complained against (if any).

preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective disciplinary or criminal proceedings;

there is a real risk of the disclosure of that information causing an adverse effect; and

that adverse effect would be significant.

that information is relevant to, or may be used in, any actual or prospective administrative action procedures;

the disclosure of that information may lead to the contamination of the evidence of witnesses during such procedures;

the disclosure of that information might prejudice the welfare or safety of any third party;

that information constitutes criminal intelligence.

where the recommendation is made by virtue of regulation 58(8), to the Provost Marshal to whose conduct the complaint relates;

in all other cases, to the appropriate authority.

a recommendation that an apology be made to the complainant concerned;

a recommendation that any property seized from the complainant concerned be returned;

any other recommendation, other than a recommendation that compensation be paid, which the Commissioner, the Defence Council or a Board (as the case may be) considers appropriate to remedy the dissatisfaction expressed by the complainant concerned.

in relation to a recommendation made by virtue of regulation 18(5)(b) or (6)(c), is a reference to the complainant who applied under regulation 18(2) for the review;

in relation to a recommendation made by virtue of regulation 57(13) or 58(8), is a reference to the complainant whose complaint, having been investigated, resulted in the submission or completion of the report under regulation 56;

in relation to a recommendation made by virtue of regulation 64(9)(d) or (12)(d), is a reference to the complainant who applied under regulation 64(1) for the review.

whether the body or person to whom the recommendation is made accepts the recommendation;

if the body or person does, the steps that body or person is proposing to take to give effect to the recommendation;

if the body or person does not, the reason why it is not accepted.

the complainant concerned;

any interested person; and

except in a case where it appears to the body or person making the recommendation that to do so might prejudice any investigation (including an investigation of a service offence), the person complained against (if any).

regulation 56(3);

regulation 56(5); or

regulation 60(2) or (3) (report on completion of investigation of DSI matter that is not also conduct matter).

regulation 18; or

regulation 64.

by virtue of paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint; or

by virtue of paragraph (2),

following a determination on a review relating to a complaint of a type specified in paragraph (7).

falling within regulation 24(1)(a);

that the Commissioner determines must be investigated in accordance with regulation 26(2);

in respect of which the Commissioner gives a notification to the appropriate authority under regulation 24(1)(b); or

that the Commissioner is treating as having been referred to the Commissioner under regulation 25(1).

falling within regulation 13(1)(a) (complaints alleging that conduct or other matter has resulted in death or serious injury);

which arises from the same incident as one in which any conduct falling within sub-paragraphs (a) or (b) took place;

that the Commissioner determines must be investigated in accordance with regulation 16;

in respect of which the Commissioner gives a notification to the appropriate authority under regulation 13(1)(e); or

that the Commissioner is treating as having been referred to the Commissioner under regulation 14(1).

the Defence Council;

a Board; or

a member of a service police force.

publish the recommendation, and

a member of a service police force; or

any person if to do so could reasonably give rise to a concern as to whether the person could act impartially.

unless otherwise specified in this Part or determined in guidance issued by the Commissioner, be given in writing;

unless otherwise specified in this Part, be made within such period as the Commissioner may determine in guidance.

preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective disciplinary or criminal proceedings;

there is a real risk of the disclosure of that information causing an adverse effect, and

that adverse effect would be significant.

that information is relevant to, or may be used in, any actual or prospective administrative action procedures;

the disclosure of that information may lead to the contamination of the evidence of witnesses during such procedures;

the disclosure of that information might prejudice the welfare or safety of any third party;

that information constitutes criminal intelligence.

intelligence service information;

protected information relating to a relevant warrant;

make the Commissioner or the regulation 34 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant; and

provide the Commissioner or the regulation 34 investigator with such additional information as will enable the Commissioner or the regulation 34 investigator to identify the relevant authority in relation to the information.

learning lessons from the handling of complaints, conduct matters or DSI matters;

demonstrating the thoroughness and effectiveness of the handling of complaints or such matters;

raising awareness of the complaints system; or

improving the complaints system.

the Defence Council;

the Boards;

the Provost Marshals; and

other members of the service police forces,

those that are conferred or imposed by this Part; and

such persons as appear to the Commissioner to represent the views of the Defence Council and the Boards;

the Provost Marshals; and

such other persons as the Commissioner thinks fit.

guidance about the handling of complaints which have not yet been recorded and about dealing with recordable conduct matters or DSI matters that have not been recorded;

guidance about the procedure to be followed by the appropriate authority when recording a complaint or any recordable conduct matter or DSI matter;