The Police (Complaints and Misconduct) Regulations 2020

Accelerated procedure: other investigations E+W

26.—(1) This regulation applies if a statement and special report on an investigation under—

(a) paragraph 18 of Schedule 3 (investigations directed by the Director General), or

(b) paragraph 19 of Schedule 3 (investigations by the Director General),

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.

(4) The appropriate authority must notify the Director General of a certification under paragraph (3).

(5) 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 submit a memorandum to the Director General notifying the Director General of its determination and the reasons for it.

(6) On receipt of a memorandum under paragraph (5), the Director General must—

(a) consider the memorandum, and

(b) determine, in light of that consideration, whether or not to direct the appropriate authority to certify the case under paragraph (3).

(7) If the Director General determines not to direct the appropriate authority to certify the case under paragraph (3), the Director General must notify—

(a) the appropriate authority, and

(b) if the person investigating is not also the Director General carrying out the investigation under paragraph 19 of Schedule 3 personally, the person investigating the complaint or recordable conduct matter,

of that determination.

(8) If the Director General determines to direct the appropriate authority to certify the case under paragraph (3), the Director General must—

(a) provide the appropriate authority with a statement of the Director General’s reasons for doing so, and

(b) direct the appropriate authority to certify the case under paragraph (3),

and the appropriate authority must certify the case under that paragraph, take such steps as are required by the Conduct Regulations in relation to the case and keep the Director General informed of whatever action it takes in response to the direction.

(9) The Director General may at any time withdraw a direction given under this regulation.

Commencement Information

I1 Reg. 26 in force at 1.2.2020, see reg. 1(1)