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The Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 62
- PART 2
- Regulation 8
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Duties to preserve evidence
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8.—(1) Where a complaint or conduct matter that relates to the conduct of a relevant office holder comes to the attention of the police and crime panel, it shall be the duty of that panel to secure that all such steps as are appropriate for the purposes of these Regulations are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to the conduct in question.
(2) Where—
(a)a complaint is made to a relevant office holder,
(b)a relevant office holder becomes aware that a complaint has been made to a police and crime panel, a chief officer of police or the Commission, or
(c)a relevant office holder becomes aware of any conduct matter,
it shall be the duty of the office holder to take all such steps as appear to him to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the conduct in question.
(3) The relevant office holder’s duty under paragraph (2) must be performed as soon as practicable after—
(a)the complaint is made,
(b)the relevant office holder becomes aware of the complaint, or
(c)the relevant office holder becomes aware of the conduct matter,
as the case may be.
(4) After that, the relevant office holder shall be under a duty, until he is satisfied that it is no longer necessary for him to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of these Regulations for obtaining and preserving the evidence relating to the conduct in question.
(5) It shall be the duty of a police and crime panel to comply with all such directions as may be given to it by the Commission in relation to the performance of its duty under paragraph (1).
(6) It shall be the duty of a relevant office holder to take all such steps for obtaining or preserving evidence as he may be directed to take for the purposes of this regulation by the police and crime panel or by the Commission.
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