Textual Amendments
F1Sch. 3 paras. 19A-19E inserted (3.11.2008 for the purpose of making regulations and 1.12.2008 otherwise) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 127, 153, Sch. 23 para. 5 (with s. 14(1)); S.I. 2008/2712, art. 2, Sch. para. 17(b) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)
19B(1)If, during the course of an investigation of a complaint, it appears to the person investigating that there is an indication that a person to whose conduct the investigation relates may have—E+W
(a)committed a criminal offence, or
(b)behaved in a manner which would justify the bringing of disciplinary proceedings,
the person investigating must certify the investigation as one subject to special requirements.
(2)If the person investigating a complaint certifies the investigation as one subject to special requirements, the person must, as soon as is reasonably practicable after doing so, make a severity assessment in relation to the conduct of the person concerned to which the investigation relates.
(3)The person investigating a recordable conduct matter must make a severity assessment in relation to the conduct to which the investigation relates—
(a)as soon as is reasonably practicable after his appointment or designation, or
(b)in the case of a matter recorded in accordance with paragraph 21A(5) or 24B(2), as soon as is reasonably practicable after it is so recorded.
(4)For the purposes of this paragraph a “severity assessment”, in relation to conduct, means an assessment as to—
(a)whether the conduct, if proved, would amount to misconduct or gross misconduct, and
(b)if the conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take.
(5)An assessment under this paragraph may only be made after consultation with the appropriate authority.
(6)On completing an assessment under this paragraph, the person investigating the complaint or matter must give a notification to the person concerned that complies with sub-paragraph (7).
(7)The notification must—
(a)give the prescribed information about the results of the assessment;
(b)give the prescribed information about the effect of paragraph 19C and of regulations under paragraph 19D;
(c)set out the prescribed time limits for providing the person investigating the complaint or matter with relevant statements and relevant documents respectively for the purposes of paragraph 19C(2);
(d)give such other information as may be prescribed.
(8)Sub-paragraph (6) does not apply for so long as the person investigating the complaint or matter considers that giving the notification might prejudice—
(a)the investigation, or
(b)any other investigation (including, in particular, a criminal investigation).
(9)Where the person investigating a complaint or matter has made a severity assessment and considers it appropriate to do so, the person may revise the assessment.
(10)On revising a severity assessment, the person investigating the complaint or matter must notify the prescribed information about the revised assessment to the person concerned.
(11)In this paragraph and paragraphs 19C to 19E—
“the person concerned”—
in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating that there is the indication mentioned in paragraph 19B(1);
in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates;
“relevant document”—
means a document relating to any complaint or matter under investigation, and
includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed;
“relevant statement” means an oral or written statement relating to any complaint or matter under investigation.]