The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
64 Exceptions to duties to keep the complainant and interested person informed
(1) Paragraph (2) specifies the circumstances in which the duties imposed on the Director General and the Minister under regulations 61 and 62 do not apply. (2) The circumstances are where, in the opinion of the Director General or the Minister, as the case may be— (a) the disclosure would be disproportionate; or (b) the non-disclosure of information is necessary for a purpose mentioned in paragraph (3). (3) The purposes are— (a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings; (b) preventing the disclosure of information in any circumstances in which its non-disclosure— (i) is in the interests of national security; (ii) is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders; or (iii) is otherwise necessary in the public interest. (4) The Director General or the Minister, as the case may be, may only conclude that the non-disclosure of information is necessary under paragraph (2) if satisfied that— (a) there is a real risk of the disclosure of that information causing an adverse effect; and (b) that adverse effect would be significant. (5) The Director General or the Minister, as the case may be, must consider whether the non-disclosure of information is necessary under paragraph (2) in circumstances where— (a) that information is relevant to, or may be used in, any actual or prospective disciplinary proceedings or performance proceedings or appeal against the outcome of such proceedings; (b) the disclosure of that information may lead to the contamination of the evidence of witnesses during such proceedings or appeal; (c) the disclosure of that information might prejudice the welfare or safety of any third party; (d) that information constitutes criminal intelligence.
64 Exceptions to duties to keep the complainant and interested person informed
(1) Paragraph (2) specifies the circumstances in which the duties imposed on the Director General and the Minister under regulations 61 and 62 do not apply. (2) The circumstances are where, in the opinion of the Director General or the Minister, as the case may be— (a) the disclosure would be disproportionate; or (b) the non-disclosure of information is necessary for a purpose mentioned in paragraph (3). (3) The purposes are— (a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any actual or prospective criminal proceedings; (b) preventing the disclosure of information in any circumstances in which its non-disclosure— (i) is in the interests of national security; (ii) is for the purposes of the prevention or detection of crime, or the apprehension or prosecution of offenders; or (iii) is otherwise necessary in the public interest. (4) The Director General or the Minister, as the case may be, may only conclude that the non-disclosure of information is necessary under paragraph (2) if satisfied that— (a) there is a real risk of the disclosure of that information causing an adverse effect; and (b) that adverse effect would be significant. (5) The Director General or the Minister, as the case may be, must consider whether the non-disclosure of information is necessary under paragraph (2) in circumstances where— (a) that information is relevant to, or may be used in, any actual or prospective disciplinary proceedings or performance proceedings or appeal against the outcome of such proceedings; (b) the disclosure of that information may lead to the contamination of the evidence of witnesses during such proceedings or appeal; (c) the disclosure of that information might prejudice the welfare or safety of any third party; (d) that information constitutes criminal intelligence.
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