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Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

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Employee of contractor: determination of Ombudsman

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27.—(1) Section 59 of the 1998 Act (steps to be taken after investigation — disciplinary proceedings) shall not apply in relation to a report under section 56(6) or 57(8) of that Act concerning the relevant conduct of a designated person employed by a contractor.

(2) Where—

(a)a report under section 56(6) or 57(8) of the 1998 Act concerning the relevant conduct of a designated person employed by a contractor is submitted to the Ombudsman, and

(b)paragraph (3) or (4) applies to the relevant conduct,

the Ombudsman shall consider whether he is satisfied that, on the balance of probabilities, the relevant conduct failed to meet the appropriate standard.

(3) This paragraph applies to the relevant conduct of a designated person if the report mentioned in paragraph (2) is sent to the Director under section 58(2) of the 1998 Act, and—

(a)the Director decides not to initiate criminal proceedings against the designated person concerned in relation to the subject matter of the report, or

(b)criminal proceedings initiated by the Director against the designated person concerned in relation to the subject matter of the report have been concluded.

(4) This paragraph applies to the relevant conduct of a designated person if the Ombudsman determines that the report mentioned in paragraph (2) does not indicate that a criminal offence may have been committed by the designated person concerned and—

(a)he determines that the complaint is not suitable for resolution through mediation under section 58A; or

(b)he determines that the complaint is suitable for resolution through mediation under that section but—

(i)the complainant or the designated person concerned does not agree to attempt to resolve it in that way; or

(ii)attempting to resolve the complaint in that way has been unsuccessful.

(5) Where the Ombudsman considers under paragraph (2) whether the relevant conduct of a designated person failed to meet the appropriate standard, he shall send the Chief Constable a memorandum containing—

(a)his determination as to whether the conduct failed to meet the appropriate standard, and

(b)a written statement of his reasons for making that determination, and

(c)if he thinks fit, any recommendation as to the withdrawal or modification of the designation of the designated person concerned.

(6) Where the Ombudsman considers under paragraph (2) whether the relevant conduct of a designated person failed to meet the appropriate standard, he shall deal with the case without undue delay and shall, as soon as practicable, send the Chief Constable all relevant material and a memorandum such as is described in paragraph (5).

(7) In a case such as is mentioned in paragraph (4)(b), the Ombudsman shall, in considering whether to make a recommendation under paragraph (5)(c), take into account the conduct of the designated person concerned in relation to the proposed resolution of the complaint through mediation.

(8) The Chief Constable shall advise the Ombudsman of what action he has taken in response to any recommendation in a memorandum sent to him under paragraph (5).

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