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.