The Police (Conduct) Regulations 2020

Participation of Director General and investigator at accelerated misconduct hearing E+W

58.—(1) Subject to paragraph (5), in any case where—

(a) paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, or

(b) paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied and the Director General—

(i) made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or

(ii) gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings),

the Director General may attend the accelerated misconduct hearing to make representations.

(2) Where the Director General so attends the accelerated misconduct hearing—

(a) the Director General may be represented by a relevant lawyer;

(b) the Director General must notify the complainant or any interested person prior to the hearing, and

(c) the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing.

(3) The investigator or a nominated person must attend the accelerated misconduct hearing on the request of the person conducting or chairing the hearing to answer questions.

(4) For the purposes of this regulation, a “nominated person” is a person who, in the opinion of—

(a) the appropriate authority, or

(b) in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General,

has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the accelerated misconduct hearing.

(5) Paragraph (1) does not apply in a case where the Director General has made a decision under regulation 24(1) to present a case.

Commencement Information

I1 Reg. 58 in force at 1.2.2020, see reg. 1