The Service Police (Complaints etc.) Regulations 2023

Power of the Commissioner to treat conduct matter as having been referred

25.—(1) The Commissioner may treat a conduct matter that comes to the Commissioner’s attention otherwise than by having been referred to the Commissioner under regulation 24 as having been so referred.

(2) Where the Commissioner treats a conduct matter as having been so referred—

(a) regulations 21, 22 and 24 do not apply, or cease to apply, in relation to the matter except to the extent provided for by regulation 24(7); and

(b) regulations 26 and 32 apply in relation to the matter as if it had been referred to the Commissioner by the appropriate authority under regulation 24.

(3) The Commissioner must notify the following that a conduct matter is being treated as having been so referred—

(a) the appropriate authority;

(b) except in a case where it appears to the Commissioner that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.

(4) Where an appropriate authority receives a notification under paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the authority must record the matter.