The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
48 Special procedure: severity assessment
(1) Where at least one of Condition A, B or C is satisfied, the person investigating must proceed with the investigation in accordance with paragraphs (5) to (8) and regulations 49 to 54. (2) Condition A is that— (a) the investigation is an investigation of a complaint; and (b) during the course of the investigation it appears to the person investigating or, in the case of an investigation under regulation 42, the Director General, that there is an indication that the person to whose conduct the investigation relates may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings. (3) Condition B is that— (a) the investigation is an investigation of a complaint being carried out by a person appointed under regulation 40 or 41; and (b) during the course of the investigation the Director General determines that there is an indication that the person to whose conduct the investigation relates may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings. (4) Condition C is that the investigation is an investigation of a recordable conduct matter. (5) In the case of an investigation under regulation 40 or 41, the person investigating must, as soon as is reasonably practicable— (a) form an opinion as to— (i) whether the conduct of the person concerned, if proved, would amount to gross misconduct or misconduct that is so serious as to justify the commencement of disciplinary proceedings, and (ii) if that conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take; (b) notify the Director General of that opinion; and (c) refer the case to the Director General for the Director General to make a severity assessment in relation to the conduct of the person concerned. (6) In the case of an investigation under regulation 42 other than by the Director General acting personally, the person investigating must, as soon as is reasonably practicable, refer the case to the Director General for the Director General to make a severity assessment in relation to the conduct of the person concerned. (7) In any other case, the person investigating must, as soon as is reasonably practicable, make a severity assessment in relation to the conduct of the person concerned. (8) A severity assessment may only be made after consultation with the Minister. (9) Where the case has been referred to the Director General to make a severity assessment, the Director General must notify the person investigating of the result of that assessment. (10) On the completion of a severity assessment or, in cases where paragraph (9) applies, after notification by the Director General, the person investigating must notify the Minister of the result of the assessment. (11) In this regulation and in regulations 49 to 54, “person concerned” means— (a) in relation to an investigation of a complaint— (i) the person in respect of whom it appears to the person investigating or, in the case of an investigation under regulation 42, the Director General, that there is the indication mentioned in paragraph (2)(b); or (ii) the person in respect of whom the Director General determines that there is the indication mentioned in paragraph (3)(b); (b) in relation to an investigation of a recordable conduct matter, the person to whose conduct the investigation relates.
48 Special procedure: severity assessment
(1) Where at least one of Condition A, B or C is satisfied, the person investigating must proceed with the investigation in accordance with paragraphs (5) to (8) and regulations 49 to 54. (2) Condition A is that— (a) the investigation is an investigation of a complaint; and (b) during the course of the investigation it appears to the person investigating or, in the case of an investigation under regulation 42, the Director General, that there is an indication that the person to whose conduct the investigation relates may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings. (3) Condition B is that— (a) the investigation is an investigation of a complaint being carried out by a person appointed under regulation 40 or 41; and (b) during the course of the investigation the Director General determines that there is an indication that the person to whose conduct the investigation relates may have— (i) committed a criminal offence; or (ii) behaved in a manner which would justify the bringing of disciplinary proceedings. (4) Condition C is that the investigation is an investigation of a recordable conduct matter. (5) In the case of an investigation under regulation 40 or 41, the person investigating must, as soon as is reasonably practicable— (a) form an opinion as to— (i) whether the conduct of the person concerned, if proved, would amount to gross misconduct or misconduct that is so serious as to justify the commencement of disciplinary proceedings, and (ii) if that conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take; (b) notify the Director General of that opinion; and (c) refer the case to the Director General for the Director General to make a severity assessment in relation to the conduct of the person concerned. (6) In the case of an investigation under regulation 42 other than by the Director General acting personally, the person investigating must, as soon as is reasonably practicable, refer the case to the Director General for the Director General to make a severity assessment in relation to the conduct of the person concerned. (7) In any other case, the person investigating must, as soon as is reasonably practicable, make a severity assessment in relation to the conduct of the person concerned. (8) A severity assessment may only be made after consultation with the Minister. (9) Where the case has been referred to the Director General to make a severity assessment, the Director General must notify the person investigating of the result of that assessment. (10) On the completion of a severity assessment or, in cases where paragraph (9) applies, after notification by the Director General, the person investigating must notify the Minister of the result of the assessment. (11) In this regulation and in regulations 49 to 54, “person concerned” means— (a) in relation to an investigation of a complaint— (i) the person in respect of whom it appears to the person investigating or, in the case of an investigation under regulation 42, the Director General, that there is the indication mentioned in paragraph (2)(b); or (ii) the person in respect of whom the Director General determines that there is the indication mentioned in paragraph (3)(b); (b) in relation to an investigation of a recordable conduct matter, the person to whose conduct the investigation relates.
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