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

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Complaints — informal resolution

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11.—(1) Section 53 of the 1998 Act (complaints — informal resolution) shall apply in relation to the relevant conduct of a designated person as it applies in relation to the conduct of a police officer who is not a senior officer, subject to the modification that the prohibition in subsection (7) on statements made for the purpose of the informal resolution of a complaint being admissible in subsequent proceedings shall include a prohibition on such a statement—

(a)being admissible in misconduct proceedings, or

(b)being taken into account by the supervising member in considering the question of a recommendation to be made under regulation 32(1).

(2) The Royal Ulster Constabulary (Complaints) (Informal Resolution) Regulations 2000(1) shall apply in relation to the relevant conduct of a designated person as they apply in relation to the conduct of a police officer who is not a senior officer.

(3) A complaint about the relevant conduct of a designated person is not suitable for informal resolution where the Ombudsman is satisfied that the conduct complained of, if proved, would justify a criminal charge.

(4) Where, under section 53(3) of the 1998 Act, the Ombudsman decides to refer a complaint about the relevant conduct of a designated person to the Chief Constable to resolve informally, he shall—

(a)do so immediately on making that decision, and

(b)forward all relevant material.

(5) Where the Ombudsman is investigating a complaint about the relevant conduct of a designated person under section 56 of the 1998 Act, and he determines that the evidence uncovered shows that the complaint is suitable for informal resolution, he may refer it to the Chief Constable to resolve informally under section 53 of that Act.

(6) Where the Chief Constable is investigating a complaint about the relevant conduct of a designated person under section 57 of the 1998 Act, and he determines that the evidence uncovered shows that the complaint is suitable for informal resolution, he may—

(a)seek permission from the Ombudsman to resolve the complaint informally, and

(b)if he agrees, informally resolve the complaint under section 53 of that Act.

(7) Where the Chief Constable determines—

(a)that it is not possible to resolve informally a complaint about the relevant conduct of a designated person, or

(b)that the evidence uncovered shows that such a complaint is not suitable for informal resolution,

he shall notify the Ombudsman immediately and shall forward all relevant material and the reasons for that decision.

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