- Latest available (Revised)
- Original (As made)
Police (Northern Ireland) Order 1987, Section 10 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
10.—(1) It shall be the duty of the Police Authority, on receiving—
(a)a report concerning the conduct of a senior officer which is submitted to it under Article 6(6); or
(b)a copy of a report concerning the conduct of a senior officer which is sent to it under Article 9(7),
to send a copy of the report to the Director of Public Prosecutions for Northern Ireland unless the report satisfies the Authority that no criminal offence has been committed.
(2) Nothing in the following provisions of this Article or in Articles 11 to 14 has effect in relation to senior officers.
(3) On receiving—
(a)a report concerning the conduct of an officer who is not a senior officer which is submitted to him under Article 5(8); or
(b)a copy of a report concerning the conduct of such an officer which is sent to him under Article 9(7),
it shall be the duty of the Chief Constable—
(i)to determine whether the report indicates that a criminal offence may have been committed by a member of the police force; and
(ii)if he determines that it does, to consider whether the offence indicated is such that the member of the police force ought to be charged with it.
(4) If the Chief Constable—
(a)determines that the report does indicate that a criminal offence may have been committed by a member of the police force; and
(b)considers that the offence indicated is such that the officer ought to be charged with it,
he shall send a copy of the report to the Director of Public Prosecutions for Northern Ireland.
(5) Subject to Article 11(1), after the Director has dealt with the question of criminal proceedings, the Chief Constable shall send the Commission a memorandum, signed by him and stating whether he has preferred disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not doing so.
(6) If the Chief Constable—
(a)determines that the report does indicate that a criminal offence may have been committed by a member of the police force; and
(b)considers that the offence indicated is not such that the officer ought to be charged with it,
he shall send the Commission a memorandum to that effect, signed by him and stating whether he proposes to prefer disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not proposing to do so.
(7) Subject to Article 11(1), if the Chief Constable considers that the report does not indicate that a criminal offence may have been committed by a member of the police force, he shall send the Commission a memorandum to that effect, signed by him and stating whether he has preferred disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not doing so.
(8) A memorandum under this Article—
(a)shall give particulars—
(i)of any disciplinary charges which the Chief Constable has preferred or proposes to prefer in respect of the conduct which was the subject of the investigation; and
(ii)of any exceptional circumstances affecting the case by reason of which he considers that Article 14 should apply to the hearing; and
(b)shall state his opinion of the complaint or other matter to which it relates.
(9) Where the investigation—
(a)related to conduct which was the subject of a complaint; and
(b)was not supervised by the Commission,
the Chief Constable shall send the Commission a copy of the report of the investigation at the same time as he sends it the memorandum.
(10) Subject to Article 13(6)—
(a)if the Chief Constable's memorandum states that he proposes to prefer disciplinary charges, it shall be his duty to prefer and proceed with them; and
(b)if such a memorandum states that he has preferred such charges, it shall be his duty to proceed with them.
F1prosp. rep. 1995 NI 17
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: