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The Police (Complaints and Misconduct) Regulations 2020

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This is the original version (as it was originally made).

Accelerated procedure: investigations by the appropriate authority on its own behalf

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25.—(1) This regulation applies if a statement and special report on an investigation under paragraph 16 of Schedule 3 (investigations by the appropriate authority on its own behalf) are submitted to the appropriate authority under regulation 24 (accelerated procedure: statement and report).

(2) The appropriate authority must determine whether the special conditions are satisfied.

(3) If the appropriate authority determines that the special conditions are satisfied, it must, unless it considers that the circumstances are such as to make it inappropriate to do so—

(a)certify the case as one where the special conditions are satisfied for the purposes of the Conduct Regulations, and

(b)take such steps as are required by those Regulations in relation to the case(1).

(4) If the appropriate authority determines that—

(a)the special conditions are not satisfied, or

(b)although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it must notify the person investigating the complaint or recordable conduct matter of its determination.

(5) If the statement and special report were required under regulation 23(2)(b) to be copied to the Director General, the appropriate authority must notify the Director General of—

(a)a certification under paragraph (3), or

(b)its determination under paragraph (4).

(1)

See regulation 2(1) and Part 5 of the Conduct Regulations (meaning of “special conditions” and accelerated misconduct hearings).

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