Police Reform Act 2002 Explanatory Notes

Paragraph 27: Duties with respect to disciplinary proceedings

135.This paragraph applies once the Commission has been notified by the appropriate authority of its proposed action following a report of the investigation, either when required to following an investigation managed by the Commission under paragraph 23(6) or after an appeal following a supervised investigation or police investigation under paragraph 25(3).

136.Where the Commission feels the appropriate authority’s proposed action is not appropriate, sub-paragraphs (3) and (4) give the Commission a power to recommend or, if necessary, to direct the appropriate authority to bring different action in relation to the disciplinary proposals. Sub-paragraph (8) allows the Commission to change its mind on a direction given to the appropriate authority over the disciplinary proposal.

137.Sub-paragraphs (2) and (7) place a duty upon the appropriate authority to take any action that it has proposed or been directed to take by the Commission and to ensure that those proceedings are brought to a proper conclusion.

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