The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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4 Complaints, matters and persons to whom and to which these Regulations apply
(1) Subject to the following provisions of this regulation, in these Regulations “complaint” means any complaint about the conduct of an authorised investigator acting in the exercise of authorised functions which is made, whether in writing or otherwise, by— (a) a member of the public who claims to be the person in relation to whom the conduct took place; (b) a member of the public not falling within sub-paragraph (a) who claims to have been adversely affected by the conduct; (c) a member of the public who claims to have witnessed the conduct; (d) a person who is acting on behalf of a person falling within any of sub-paragraphs (a) to (c) and who is authorised to act on that person’s behalf, and references to a complaint are references to any expression of dissatisfaction with an authorised investigator acting in the exercise of authorised functions which is expressed, whether in writing or otherwise, by or on behalf of a member of the public. (2) In these Regulations— (a) “conduct matter” means, subject to the following provisions of this regulation, any matter which is not and has not been the subject of a complaint but in the case of which there is an indication, whether from the circumstances or otherwise, that, while acting in the exercise of authorised functions, an authorised investigator may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings; (b) “death or serious injury matter” (“DSI matter”) means any circumstance, other than those which are or have been the subject of a complaint or which amount to a conduct matter— (i) in or in consequence of which a person has died or has sustained serious injury; and (ii) in relation to which the custody requirement or the contact requirement are satisfied (as to which, see paragraphs (3) and (4)). (3) The custody requirement is that— (a) at the time of the death or serious injury, the person mentioned in paragraph (2)(b)(i) was in the custody of a person serving with the police within the meaning of section 12(7) of the 2002 Act or a person with the powers and privileges of a constable, and (b) in connection with that custody, an authorised investigator was acting in the exercise of their authorised functions. (4) The contact requirement is that— (a) at or before the time of the death or serious injury the person mentioned in paragraph (2)(b)(i) had contact (of whatever kind, and whether direct or indirect), with an authorised investigator, who was acting in the exercise of authorised functions at the time of the contact; and (b) there is an indication that the contact described in sub-paragraph (a) may have caused (whether directly or indirectly) or contributed to the death or serious injury. (5) In paragraph (2)(b)(i) the reference to a person includes an authorised investigator, but in relation to such a person “contact” in paragraph (4) does not include contact that that authorised investigator had whilst acting in the exercise of authorised functions. (6) The complaints that are complaints for the purposes of these Regulations by virtue of paragraph (1)(b) do not, except in a case falling within paragraph (7), include any made by or on behalf of a person who claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct. (7) A case falls within this paragraph if— (a) it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that the person was able to see or hear the conduct or its effects; or (b) the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect, and for the purposes of sub-paragraph (a), “person in question” means the person who claims to have been adversely affected as a consequence of having seen or heard the conduct or any of the alleged effects of the conduct, or the person on whose behalf such a claim is made. (8) For the purposes of this regulation a person is to be taken to have witnessed conduct only if— (a) that person acquired knowledge of that conduct in a manner which would make that person a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or (b) that person possesses or controls anything which would in any such proceedings constitute admissible evidence of that conduct. (9) For the purposes of these Regulations a person falling within paragraph (1)(a) to (c) is not to be taken to have authorised another person to act on their behalf unless that other person— (a) is for the time being designated for the purposes of this regulation by the Director General as a person through whom complaints may be made, or is of a description of persons so designated; or (b) has been given, and is able to produce, the written consent to such action of the person on whose behalf that action is taken. (10) References in this regulation to the powers and privileges of a constable are references to any power or privilege conferred by or under any enactment (including one passed after the making of these Regulations) on a constable.
4 Complaints, matters and persons to whom and to which these Regulations apply
(1) Subject to the following provisions of this regulation, in these Regulations “complaint” means any complaint about the conduct of an authorised investigator acting in the exercise of authorised functions which is made, whether in writing or otherwise, by— (a) a member of the public who claims to be the person in relation to whom the conduct took place; (b) a member of the public not falling within sub-paragraph (a) who claims to have been adversely affected by the conduct; (c) a member of the public who claims to have witnessed the conduct; (d) a person who is acting on behalf of a person falling within any of sub-paragraphs (a) to (c) and who is authorised to act on that person’s behalf, and references to a complaint are references to any expression of dissatisfaction with an authorised investigator acting in the exercise of authorised functions which is expressed, whether in writing or otherwise, by or on behalf of a member of the public. (2) In these Regulations— (a) “conduct matter” means, subject to the following provisions of this regulation, any matter which is not and has not been the subject of a complaint but in the case of which there is an indication, whether from the circumstances or otherwise, that, while acting in the exercise of authorised functions, an authorised investigator may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings; (b) “death or serious injury matter” (“DSI matter”) means any circumstance, other than those which are or have been the subject of a complaint or which amount to a conduct matter— (i) in or in consequence of which a person has died or has sustained serious injury; and (ii) in relation to which the custody requirement or the contact requirement are satisfied (as to which, see paragraphs (3) and (4)). (3) The custody requirement is that— (a) at the time of the death or serious injury, the person mentioned in paragraph (2)(b)(i) was in the custody of a person serving with the police within the meaning of section 12(7) of the 2002 Act or a person with the powers and privileges of a constable, and (b) in connection with that custody, an authorised investigator was acting in the exercise of their authorised functions. (4) The contact requirement is that— (a) at or before the time of the death or serious injury the person mentioned in paragraph (2)(b)(i) had contact (of whatever kind, and whether direct or indirect), with an authorised investigator, who was acting in the exercise of authorised functions at the time of the contact; and (b) there is an indication that the contact described in sub-paragraph (a) may have caused (whether directly or indirectly) or contributed to the death or serious injury. (5) In paragraph (2)(b)(i) the reference to a person includes an authorised investigator, but in relation to such a person “contact” in paragraph (4) does not include contact that that authorised investigator had whilst acting in the exercise of authorised functions. (6) The complaints that are complaints for the purposes of these Regulations by virtue of paragraph (1)(b) do not, except in a case falling within paragraph (7), include any made by or on behalf of a person who claims to have been adversely affected as a consequence only of having seen or heard the conduct, or any of the alleged effects of the conduct. (7) A case falls within this paragraph if— (a) it was only because the person in question was physically present, or sufficiently nearby, when the conduct took place or the effects occurred that the person was able to see or hear the conduct or its effects; or (b) the adverse effect is attributable to, or was aggravated by, the fact that the person in relation to whom the conduct took place was already known to the person claiming to have suffered the adverse effect, and for the purposes of sub-paragraph (a), “person in question” means the person who claims to have been adversely affected as a consequence of having seen or heard the conduct or any of the alleged effects of the conduct, or the person on whose behalf such a claim is made. (8) For the purposes of this regulation a person is to be taken to have witnessed conduct only if— (a) that person acquired knowledge of that conduct in a manner which would make that person a competent witness capable of giving admissible evidence of that conduct in criminal proceedings; or (b) that person possesses or controls anything which would in any such proceedings constitute admissible evidence of that conduct. (9) For the purposes of these Regulations a person falling within paragraph (1)(a) to (c) is not to be taken to have authorised another person to act on their behalf unless that other person— (a) is for the time being designated for the purposes of this regulation by the Director General as a person through whom complaints may be made, or is of a description of persons so designated; or (b) has been given, and is able to produce, the written consent to such action of the person on whose behalf that action is taken. (10) References in this regulation to the powers and privileges of a constable are references to any power or privilege conferred by or under any enactment (including one passed after the making of these Regulations) on a constable.
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