The Independent Police Complaints Commission (Complaints and Misconduct) (Contractors) Regulations 2015

PART 5 Handling of Death and Serious Injury (DSI) Matters

Duty to record DSI matters

35.—(1) Where a DSI matter comes to the attention of the chief officer, the local policing body or the contractor—

(a) the chief officer shall record that matter, or

(b) if the matter has not come to the attention of the chief officer, the local policing body or the contractor shall notify the chief officer about the matter and the circumstances that make it appear that it is a DSI matter, and the chief officer shall record the matter.

(2) If it appears to the Commission—

(a) that any matter that has come to its attention is a DSI matter; but

(b) that that matter has not been recorded by the chief officer,

the Commission may direct the chief officer to record that matter and it shall be the duty of the chief officer to comply with the direction.

Duty to preserve evidence relating to DSI matters

36.—(1) Where—

(a) the chief officer becomes aware of a DSI matter; and

(b) the relevant officer in relation to that matter is a contractor under the direction and control of the chief officer,

it shall be the duty of the chief officer to take all such steps as appear to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to that matter.

(2) The chief officer’s duty under paragraph (2) must be performed as soon as practicable after the chief officer becomes aware of the matter in question.

(3) After that, the chief officer shall be under a duty, until the chief officer is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time as appear to be appropriate for the purposes of these Regulations for obtaining and preserving evidence relating to the matter.

(4) It shall be the duty of the contractor to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as the contractor may be directed to take for the purposes of this regulation by the chief officer or by the Commission.

Reference of DSI matters to the Commission

37.—(1) It shall be the duty of the chief officer to refer a DSI matter to the Commission.

(2) A DSI matter shall be referred to the Commission in such manner as the Commission specifies and—

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

(b) 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 chief officer.

(3) A matter that has already been referred to the Commission under this regulation on a previous occasion shall not be required to be referred again under this regulation unless the Commission so directs.

Duties of Commission on references under regulation 37

38.—(1) It shall be the duty of the Commission, in the case of every DSI matter referred to it by the chief officer, to determine whether or not it is necessary for the matter to be investigated.

(2) Where the Commission determines under this regulation that it is not necessary for a DSI matter to be investigated, it may if it thinks fit refer the matter back to the chief officer to be dealt with by it in such manner (if any) as the chief officer may determine.