The Ministry of Defence Police (Conduct etc.) Regulations 2015

Withdrawal of case

24.—(1) This regulation applies to cases which have been or are being investigated under Part 3.

(2) At any time before the beginning of misconduct proceedings, the relevant authority may direct that the case be withdrawn.

(3) Where a direction is given under paragraph (2)—

(a) the relevant authority may—

(i) take no further action against the officer concerned;

(ii) take management action against the officer concerned; or

(iii) refer the matter to be dealt with under the Performance Regulations; and

(b) the relevant authority must as soon as reasonably practicable give the officer concerned written notice of the direction, indicating what action will be taken under paragraph (3)(a).

(4) Where—

(a) a direction is given under paragraph (2),

(b) the investigation has been completed,

(c) the officer concerned so requests, and

(d) the harm test is not satisfied,

the relevant authority must as soon as reasonably practicable after that request give the officer concerned a copy of the investigator’s report or such parts of that report as relate to the officer concerned.