Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

Exceptions for certain complaints

10.—(1) Regulation 9(2)(a) shall not apply in relation to a complaint where—

(a) the complaint is not the same or substantially the same as a previous complaint or matter, and

(b) the Ombudsman believes that a designated person may have committed a criminal offence or may have behaved in a manner which would—

(i) in the case of a member of the police support staff, justify misconduct proceedings, or

(ii) in the case of an employee of a contractor, justify the modification or withdrawal of his designation, and

(c) the Ombudsman believes that the complaint should be investigated because of the gravity of the matter or the exceptional circumstances.

(2) Regulation 9(2) shall not apply in relation to a complaint where—

(a) new evidence has come to light which is not evidence which was reasonably available at the time of the original complaint, and

(b) the Ombudsman believes that a designated person may have committed a criminal offence or behaved in a manner which would—

(i) in the case of a member of the police support staff, justify misconduct proceedings, or

(ii) in the case of an employee of a contractor, justify the modification or withdrawal of his designation, and

(c) the Ombudsman believes that the complaint should be investigated because of the gravity of the matter or the exceptional circumstances.

(3) Where the Ombudsman decides that a case falls within paragraph (1) or (2), he shall formally investigate it in accordance with section 56 of the 1998 Act.

(4) Where the Ombudsman—

(a) decides that a complaint meets the criteria in paragraph (1) or (2) except that the case is not grave or exceptional, and

(b) believes that the designated person concerned may have committed a criminal offence,

then he may formally investigate it in accordance with section 56 of the 1998 Act.

(5) Where a complaint wholly or partly relates to the conduct of a designated person who is a member of the police support staff, and that conduct is or has been the subject of criminal or misconduct proceedings, the Ombudsman shall have no powers in relation to the complaint in so far as it relates to that conduct (except in a case to which section 56(1A) of the 1998 Act applies).

(6) Where a complaint wholly or partly relates to the conduct of a designated person employed by a contractor, and that conduct is or has been the subject of criminal proceedings or has resulted in the modification or withdrawal of his designation, the Ombudsman shall have no powers in relation to the complaint in so far as it relates to that conduct (except in a case to which section 56(1A) of the 1998 Act applies).