SCHEDULES
SCHEDULE 5Complaints, conduct matters and DSI matters: procedure
Part 3Investigations and subsequent proceedings
21
For paragraphs 19A to 19E (special procedure where investigation relates to police officer or special constable) substitute—
19A
1
This paragraph applies to an investigation where condition A, B or C is satisfied.
2
Condition A is that—
a
the investigation is an investigation of a complaint, and
b
during the course of the investigation it appears to the person investigating that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.
3
Condition B is that—
a
the investigation is an investigation of a complaint being carried out by a person appointed under paragraph 18, and
b
during the course of the investigation the Commission determines that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.
4
Condition C is that—
a
the investigation is an investigation of a recordable conduct matter, and
b
the investigation relates to the conduct of a member of a police force or a special constable.
5
Where this paragraph applies to an investigation the person investigating must proceed with the investigation in accordance with regulations made by the Secretary of State under this sub-paragraph.
6
Regulations under sub-paragraph (5) may (amongst other things) make provision—
a
as to the procedure to be followed in connection with any interview of the person concerned, including provision requiring the person concerned to attend an interview;
b
requiring the person investigating to supply information to the appropriate authority.
7
In this paragraph “the person concerned”—
a
in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating that there is the indication mentioned in sub-paragraph (2)(b) or (as the case may be) the person in respect of whom the Commission determines that there is the indication mentioned in sub-paragraph (3)(b);
b
in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.