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

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Regulation 26

SCHEDULE 1COMPLAINTS WHICH ARE ANONYMOUS, REPETITIOUS OR INCAPABLE OF INVESTIGATION

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1.—(1) In this Schedule any reference to an injured person other than the complainant shall have effect only in the case of a complaint against a designated person in respect of his conduct towards a person other than the complainant; and, in such a case, any such reference is a reference to that other person.

(2) In this Schedule any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.

2.  For the purposes of regulation 26 a complaint is an anonymous one if, and only if, it discloses (or purports to disclose) neither the name and address of the complainant nor that of any other injured person and it is not reasonably practicable to ascertain such a name and address.

3.—(1) For the purposes of regulation 26 a complaint is a repetitious one if, and only if—

(a)it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);

(b)it contains no fresh allegations which significantly affect the account of the conduct complained of;

(c)no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and

(d)such action as is referred to in sub-paragraph (2) has been taken, as respects the previous complaint.

(2) The condition in sub-paragraph (1)(d) shall be satisfied if, as respects the previous complaint—

(a)the requirements of—

(i)section 58 of the 1998 Act, and

(ii)section 59 of that Act or (as the case may be) regulation 27,

were complied with; or

(b)the complainant gave such a notification as is mentioned in regulation 24(1); or

(c)the Ombudsman, under regulation 26, dispensed with the requirements mentioned in paragraph (1) of that regulation.

4.—(1) For the purposes of regulation 26 it shall not be reasonably practicable to complete the investigation of a complaint if, and only if, in the opinion of the Ombudsman—

(a)it is not reasonably practicable to communicate with the complainant or, as the case may be, the person who submitted the complaint, or any other injured person, notwithstanding that the complaint is not an anonymous one within the meaning of paragraph 2, or

(b)it is not reasonably practicable to complete a satisfactory investigation in consequence of—

(i)a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation, or

(ii)a refusal or failure, on the part of an injured person other than the complainant, to support the complaint, evidenced either by a statement in writing (signed by him or by his solicitor or other authorised agent on his behalf) to the effect that he does not support it or by a refusal or failure, on his part, such as is mentioned in sub-paragraph (i) above, or

(c)the lapse of time since the event or events forming the subject matter of the complaint.

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