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

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Police support staff: misconduct proceedings

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33.—(1) Section 59 of the 1998 Act (steps to be taken after investigation — disciplinary proceedings) shall apply in relation to the relevant conduct of a designated person who is a member of the police support staff as it applies in relation to the conduct of a police officer who is not a senior officer, but for every reference in that section to disciplinary proceedings substitute a reference to misconduct proceedings.

(2) Where under section 59 of the 1998 Act the Ombudsman considers misconduct proceedings against a designated person, he shall—

(a)deal with the case without undue delay, and

(b)as soon as practicable, send to the Chief Constable—

(i)all relevant material, and

(ii)a memorandum with such particulars as may be specified in subsection (2) of that section concerning such misconduct proceedings as appear to him appropriate.

(3) Where the Chief Constable agrees to bring misconduct proceedings against a designated person, he shall notify the Ombudsman and the designated person concerned.

(4) Where the Chief Constable agrees to bring misconduct proceedings against a designated person, the Ombudsman shall notify the complainant.

(5) Where a memorandum sent to the Chief Constable under section 59(2) of the 1998 Act recommends misconduct proceedings against a designated person, but the Chief Constable is unwilling to bring such proceedings, he shall inform the Ombudsman in writing of the reason for his decision.

(6) Where the Chief Constable has not brought misconduct proceedings against a designated person or does not propose to do so and the Ombudsman accepts his decision he shall—

(a)so inform the Chief Constable forthwith, and

(b)notify the complainant of the decision and of his acceptance thereof,

and may furnish the complainant with such relevant information in explanation thereof, if any, as appears to the Ombudsman to be appropriate.

(7) Where the Chief Constable discontinues misconduct proceedings against a designated person with the leave of the Ombudsman given in pursuance of section 59 of the 1998 Act, the Ombudsman shall—

(a)notify the complainant that the charge has been withdrawn with his leave, and

(b)furnish the complainant with such relevant information in explanation of the withdrawal as appears to the Ombudsman appropriate and copy it to the designated person concerned.

(8) The Ombudsman shall be relieved of the duty of notifying the complainant as mentioned in paragraph (4), (6)(b) or (7) if compliance therewith appears to him to be not reasonably practicable.

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