Police Act 1996

Yn ddilys o 01/04/1999

75 Steps to be taken after investigation: standard procedure. E+W

(1) Nothing in this section or section 76 has effect in relation to senior officers.

(2) On receiving—

(a) a report concerning the conduct of a member of a police force who is not a senior officer which is submitted to him under section 69(9), or

(b) a copy of a report concerning the conduct of such a member which is sent to him under section 73(1),

a chief officer of police shall determine whether the report indicates that a criminal offence may have been committed by a member of the police force for his area.

(3) If the chief officer determines that the report indicates that a criminal offence may have been committed by a member of the police force for his area, he shall send a copy of the report to the Director of Public Prosecutions.

(4) After the Director has dealt with the question of criminal proceedings, the chief officer shall, in such cases as may be prescribed by regulations made by the Secretary of State, send the Authority a memorandum which—

(a) is signed by the chief officer,

(b) states whether he has brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation, and

(c) if he has not brought (or does not propose to bring) such proceedings, gives his reasons.

(5) If the chief officer considers that the report does not indicate that a criminal offence may have been committed by a member of the police force for his area, he shall, in such cases as may be prescribed by regulations made by the Secretary of State, send the Authority a memorandum to that effect which—

(a) is signed by the chief officer,

(b) states whether he has brought (or proposes to bring) disciplinary proceedings in respect of the conduct which was the subject of the investigation, and

(c) if he has not brought (or does not propose to bring) such proceedings, gives his reasons.

(6) Where the investigation—

(a) related to conduct which was the subject of a complaint, and

(b) was not supervised by the Authority,

the chief officer shall, if he is required by virtue of regulations under subsection (4) or (5) to send the Authority a memorandum, at the same time send them a copy of the complaint, or of the record of the complaint, and a copy of the report of the investigation.

(7) Where a chief officer has sent the Authority a memorandum under subsection (4) or (5), he shall—

(a) if the memorandum states that he proposes to bring disciplinary proceedings, bring and proceed with them, and

(b) if the memorandum states that he has brought such proceedings, proceed with them.

Modifications etc. (not altering text)

C1 S. 75(4)(5) modified (temp) (31.3.1999) by S.I. 1999/533, art. 3(1)