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

Special cases referred to appropriate officer

40.—(1) This regulation applies to any case in which a report, complaint or allegation is made which indicates that the conduct of a designated person who is a member of the police support staff did not meet the appropriate standard.

(2) Where, on receipt of a report under section 56(6) or 57(8) of the 1998 Act or regulation 39(b), the Ombudsman is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 3 are likely to be satisfied, he shall refer the case to the appropriate officer.

(3) Where, on receipt of a report under regulation 35(2) or 39(b), the supervising member is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 3 are likely to be satisfied, he shall refer the case to the appropriate officer.

(4) Where a case is referred to the appropriate officer under paragraph (2) or (3), he shall—

(a) if the conditions specified in Part 1 of Schedule 3 are not satisfied, return the case to the Ombudsman, the supervising member or (as the case may be) the appointed officer;

(b) if the conditions specified in Part 1 of Schedule 3 are satisfied—

(i) certify the case as a special case and refer it to a hearing under Part VII, or

(ii) if the circumstances are such as, in his opinion, make such certification inappropriate, return the case to the Ombudsman, the supervising member or (as the case may be) the appointed officer.

(5) Where a case is referred to a hearing under paragraph (4)(b)(i), Part VII shall, subject to paragraph (6), have effect subject to the modifications specified in Part 2 of Schedule 3.

(6) Where a case has been returned to the Ombudsman, the supervising member or the appointed officer under paragraph (4)(a) or (b)(ii) or in pursuance of any provision of Part VII as modified by Part 2 of Schedule 3, Part VII shall thereafter have effect in relation to the case without modification.

(7) In Part 2 of Schedule 3, any reference to a provision in these regulations shall, unless the contrary intention appears, be construed as a reference to that provision as modified by that Part of that Schedule.