The NCIS (Discipline) (Senior Police Members) Regulations 1998

Formulation of charges

9.—(1) This regulation shall apply where the senior police member—

(a) admits that he has committed an offence but the appropriate authority do not proceed as mentioned in regulation 8(1) or (2); or

(b) does not admit that he has committed an offence by the appropriate authority, after taking into account any statement he may have made under regulation 7, are not satisfied that he has not committed an offence.

(2) Subject to paragraph (5), where this regulation applies the appropriate authority shall—

(a) instruct an independent solicitor to draw up, and enter on a discipline form, the offence with which the senior police member is to be charged together with such particulars as will leave him in no doubt as to the precise offence alleged; and

(b) cause the senior police member to be charged with that offence by being served with a copy of the discipline form.

(3) The reference in paragraph (2) to an independent solicitor is a reference to a solicitor who is not a member, officer or servant of the appropriate authority or of any police authority which appoints any member of the appropriate authority.

(4) A discipline form shall be in the form set out in Schedule 2 hereto or in a form to the like effect.

(5) Notwithstanding that a case is one to which paragraph (1)(b) applies, if, after considering the report of the investigation, the appropriate authority is satisfied that the offence in question, even if proved, would not justify the imposition of any punishment under these Regulations, the steps mentioned in paragraph (2) need not be taken and the matter may be dealt with according to the appropriate authority’s discretion.