The Food Crime Officers (Complaints and Misconduct) Regulations 2025
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Change 1
81 Reviews with respect to an investigation
(1) This regulation applies where a complaint has been subjected to an investigation by the chief executive on the chief executive’s own behalf. (2) Where this regulation applies, the complainant has the right to apply to the Director General for a review of the outcome of the complaint. (3) The Director General must notify the following of an application for a review under paragraph (2)— (a) the chief executive; (b) every person entitled to be kept properly informed in relation to the complaint under regulation 60; and (c) the person complained against (if any). (4) Where the Director General so requires on the making of an application for a review under paragraph (2), the chief executive must provide the Director General with— (a) a copy of the report of the investigation; and (b) such information concerning the chief executive’s determinations under regulation 74 as is described in a notification given by the Director General to the chief executive. (5) On a review under paragraph (2), the Director General must determine whether the outcome of the complaint is reasonable and proportionate. (6) In making a determination under paragraph (5), the Director General may review the findings of the investigation. (7) Where the Director General finds that the outcome of the complaint is not reasonable and proportionate, the Director General may— (a) make the Director General’s own findings (in place of, or in addition to, any findings of the investigation); (b) direct that the complaint be re-investigated; (c) make a recommendation to the chief executive in respect of any officer— (i) that the officer has a case to answer in respect of their conduct, or has no case to answer; (ii) that the officer’s performance is, or is not, unsatisfactory; (iii) that disciplinary proceedings are brought against the officer in respect of the conduct to which the investigation related; (iv) that any disciplinary proceedings brought against that officer are modified so as to deal with such aspects of that conduct as may be so specified; (d) make a recommendation under regulation 87. (8) Where the Director General makes a recommendation under paragraph (7)(c)— (a) the chief executive must notify the Director General whether the chief executive accepts the recommendation and (if the chief executive does) set out in the notification the steps that the chief executive proposes to take to give effect to it; and (b) paragraphs (5) to (9) and (10)(b) of regulation 78 apply in relation to the recommendation as if it had been made under those provisions. (9) Paragraph (10) applies where, on a review applied for under paragraph (2), the Director General determines that the report of the investigation indicates that a criminal offence may have been committed by a person to whose conduct the investigation related and that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (10) Where this paragraph applies, the Director General must notify the Director of Public Prosecutions of the determination under paragraph (9) and send the Director of Public Prosecutions a copy of the report. (11) The Director General must give notification of the outcome of a review under this regulation, and of the reasons for the determination under paragraph (5)— (a) to the chief executive; (b) to the complainant; (c) to every person entitled to be kept properly informed in relation to the complaint under regulation 60; and (d) except in a case where it appears to the Director General that to do so might prejudice any re-investigation of the complaint, to the person complained against (if any). (12) The chief executive must comply with any directions given to the chief executive under this regulation. (13) In this regulation, references, in relation to an investigation, to the outcome of the complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the investigation.
81 Reviews with respect to an investigation
(1) This regulation applies where a complaint has been subjected to an investigation by the chief executive on the chief executive’s own behalf. (2) Where this regulation applies, the complainant has the right to apply to the Director General for a review of the outcome of the complaint. (3) The Director General must notify the following of an application for a review under paragraph (2)— (a) the chief executive; (b) every person entitled to be kept properly informed in relation to the complaint under regulation 60; and (c) the person complained against (if any). (4) Where the Director General so requires on the making of an application for a review under paragraph (2), the chief executive must provide the Director General with— (a) a copy of the report of the investigation; and (b) such information concerning the chief executive’s determinations under regulation 74 as is described in a notification given by the Director General to the chief executive. (5) On a review under paragraph (2), the Director General must determine whether the outcome of the complaint is reasonable and proportionate. (6) In making a determination under paragraph (5), the Director General may review the findings of the investigation. (7) Where the Director General finds that the outcome of the complaint is not reasonable and proportionate, the Director General may— (a) make the Director General’s own findings (in place of, or in addition to, any findings of the investigation); (b) direct that the complaint be re-investigated; (c) make a recommendation to the chief executive in respect of any officer— (i) that the officer has a case to answer in respect of their conduct, or has no case to answer; (ii) that the officer’s performance is, or is not, unsatisfactory; (iii) that disciplinary proceedings are brought against the officer in respect of the conduct to which the investigation related; (iv) that any disciplinary proceedings brought against that officer are modified so as to deal with such aspects of that conduct as may be so specified; (d) make a recommendation under regulation 87. (8) Where the Director General makes a recommendation under paragraph (7)(c)— (a) the chief executive must notify the Director General whether the chief executive accepts the recommendation and (if the chief executive does) set out in the notification the steps that the chief executive proposes to take to give effect to it; and (b) paragraphs (5) to (9) and (10)(b) of regulation 78 apply in relation to the recommendation as if it had been made under those provisions. (9) Paragraph (10) applies where, on a review applied for under paragraph (2), the Director General determines that the report of the investigation indicates that a criminal offence may have been committed by a person to whose conduct the investigation related and that the circumstances are such that, in the opinion of the Director General, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions. (10) Where this paragraph applies, the Director General must notify the Director of Public Prosecutions of the determination under paragraph (9) and send the Director of Public Prosecutions a copy of the report. (11) The Director General must give notification of the outcome of a review under this regulation, and of the reasons for the determination under paragraph (5)— (a) to the chief executive; (b) to the complainant; (c) to every person entitled to be kept properly informed in relation to the complaint under regulation 60; and (d) except in a case where it appears to the Director General that to do so might prejudice any re-investigation of the complaint, to the person complained against (if any). (12) The chief executive must comply with any directions given to the chief executive under this regulation. (13) In this regulation, references, in relation to an investigation, to the outcome of the complaint do not include the outcome of any criminal or disciplinary proceedings brought in relation to any matter which was the subject of the investigation.
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