The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
24 Reference of complaints to the Director General
(1) The Minister must refer a complaint to the Director General where the complaint is— (a) one alleging that the conduct complained of has resulted in death or serious injury; (b) any complaint not falling within sub-paragraph (a) but alleging conduct which constitutes— (i) a serious assault, as determined in guidance issued by the Director General; (ii) a serious sexual offence, as determined in guidance issued by the Director General; (iii) serious corruption, including abuse of position for a sexual purpose or the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General; (iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which, in either case, was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status, as determined in guidance issued by the Director General; or (v) a relevant offence; (c) a complaint which arises from the same incident as one in which any conduct falling within sub-paragraph (a) or (b) is alleged; or (d) one in respect of which the Director General notifies the Minister that the Director General requires the complaint in question to be referred to the Director General for the Director General’s consideration. (2) In a case where there is no obligation under paragraph (1) to make a reference, the Minister may refer a complaint to the Director General if the Minister considers that it would be appropriate to do so by reason of— (a) the gravity of the subject matter of the complaint; or (b) any exceptional circumstances. (3) Where a complaint is required to be referred to the Director General under paragraph (1)(a), (b) or (c), notification of the complaint must be given to the Director General— (a) without delay and in any event not later than the end of the day following the day on which it first becomes clear to the Minister that the complaint falls within paragraph (1)(a), (b) or (c); and (b) in such manner as the Director General specifies. (4) Where a complaint is required to be referred to the Director General under paragraph (1)(d), notification of the complaint must be given to the Director General— (a) without delay and in any event not later than the end of the day following the day on which the Director General notifies the Minister that the complaint is to be referred; and (b) in such manner as the Director General specifies. (5) Subject to paragraph (6), the power of— (a) the Director General by virtue of paragraph (1)(d) to require a complaint to be referred to the Director General; and (b) the Minister to refer a complaint to the Director General under paragraph (2), may be exercised at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General. (6) Where the Minister refers a complaint to the Director General under this regulation the Minister must give a notification of the making of the reference— (a) to the complainant; and (b) except in a case where it appears to the Minister that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against. (7) A complaint that has already been referred to the Director General under this regulation on a previous occasion or that has been treated as having been so referred by virtue of regulation 25— (a) is not required to be referred again under this regulation unless the Director General so directs; and (b) may only be referred under paragraph (2) if the Director General consents.
24 Reference of complaints to the Director General
(1) The Minister must refer a complaint to the Director General where the complaint is— (a) one alleging that the conduct complained of has resulted in death or serious injury; (b) any complaint not falling within sub-paragraph (a) but alleging conduct which constitutes— (i) a serious assault, as determined in guidance issued by the Director General; (ii) a serious sexual offence, as determined in guidance issued by the Director General; (iii) serious corruption, including abuse of position for a sexual purpose or the purpose of pursuing an improper emotional relationship, as determined in guidance issued by the Director General; (iv) a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which, in either case, was aggravated by discriminatory behaviour on the grounds of a person’s race, sex, religion, or other status, as determined in guidance issued by the Director General; or (v) a relevant offence; (c) a complaint which arises from the same incident as one in which any conduct falling within sub-paragraph (a) or (b) is alleged; or (d) one in respect of which the Director General notifies the Minister that the Director General requires the complaint in question to be referred to the Director General for the Director General’s consideration. (2) In a case where there is no obligation under paragraph (1) to make a reference, the Minister may refer a complaint to the Director General if the Minister considers that it would be appropriate to do so by reason of— (a) the gravity of the subject matter of the complaint; or (b) any exceptional circumstances. (3) Where a complaint is required to be referred to the Director General under paragraph (1)(a), (b) or (c), notification of the complaint must be given to the Director General— (a) without delay and in any event not later than the end of the day following the day on which it first becomes clear to the Minister that the complaint falls within paragraph (1)(a), (b) or (c); and (b) in such manner as the Director General specifies. (4) Where a complaint is required to be referred to the Director General under paragraph (1)(d), notification of the complaint must be given to the Director General— (a) without delay and in any event not later than the end of the day following the day on which the Director General notifies the Minister that the complaint is to be referred; and (b) in such manner as the Director General specifies. (5) Subject to paragraph (6), the power of— (a) the Director General by virtue of paragraph (1)(d) to require a complaint to be referred to the Director General; and (b) the Minister to refer a complaint to the Director General under paragraph (2), may be exercised at any time irrespective of whether the complaint is already being investigated by any person or has already been considered by the Director General. (6) Where the Minister refers a complaint to the Director General under this regulation the Minister must give a notification of the making of the reference— (a) to the complainant; and (b) except in a case where it appears to the Minister that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), to the person complained against. (7) A complaint that has already been referred to the Director General under this regulation on a previous occasion or that has been treated as having been so referred by virtue of regulation 25— (a) is not required to be referred again under this regulation unless the Director General so directs; and (b) may only be referred under paragraph (2) if the Director General consents.
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