Search Legislation

The Police (Conduct) Regulations 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Procedure on receipt of investigating officer’s report

11.  (1)  Subject to paragraphs (2) and (4) to (6), on receipt of the investigating officer’s report the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) may refer the case to a hearing.

(2) Where—

(a)the appropriate authority has a duty to take action, secure that disciplinary proceedings are proceeded with or to comply with a direction under paragraph 27 of Schedule 3 to the 2002 Act; or

(b)the officer concerned has received two written warnings about his conduct within the previous twelve months and has in a statement made under regulation 9 admitted that his conduct failed to meet the appropriate standard,

the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) shall refer the case to a hearing.

(3) If the appropriate authority or supervising officer decides that no proceedings under regulation 14 need be taken, they shall so inform the officer concerned in writing as soon as possible.

(4) Where the appropriate authority, on receipt of a report submitted by the investigating officer under regulation 10(2), is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, it shall take the steps set out in paragraph (6).

(5) Where the supervising officer, on receipt of a report submitted by the investigating officer under regulation 10(2), is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, he shall refer the case to the appropriate officer who take the steps set out in paragraph (6).

(6) Those steps are—

(a)if the conditions specified in Part 1 of Schedule 2 are not satisfied, return the case to the investigating officer or supervising officer as the case may be to complete the investigation (if necessary);

(b)if the conditions specified in Part 1 of Schedule 2 are satisfied—

(i)certify the case as a special case and refer it to a hearing, and notify the officer concerned accordingly; or

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

(7) Where a case is not referred to a hearing no reference to it shall be made on the officer concerned’s personal record.

(8) Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 29(1) of the 2002 Act (interpretation of Part 2), be disciplinary proceedings.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources