Section 159 and Schedule 11: Investigations: accelerated procedure in special cases
414.Section 159 introduces Schedule 11, which makes amendments to Schedule 3 to the Police Reform Act 2002 to enable disciplinary proceedings to be brought earlier than currently possible where certain ‘special’ conditions are met. Those conditions are met where there is good evidence that the police officer has committed a criminal offence that would justify dismissal and the appropriate authority considers that it is in the public interest for the person to cease to be a member of a police force, or a special constable without delay.
415.Currently, the provisions in Schedule 3 to the 2002 Act prevent the bringing of criminal or disciplinary proceedings in relation to any matter which is the subject of an investigation until the investigation has been completed and a report has been submitted to the Independent Police Complaints Commission or to the appropriate authority. Furthermore, they prevent the bringing of disciplinary proceedings until any criminal proceedings have been brought to a conclusion.
416.Where the special conditions are met, the amendments made by Schedule 11 allow a report to be submitted before the investigation has been completed and for disciplinary proceedings to be brought earlier than would otherwise have been possible. The disciplinary proceedings may also be brought before any related criminal proceedings (the appropriate authority would consult the Director of Public Prosecutions before proceeding in this way). The Director of Public Prosecutions may request that the investigation be continued, notwithstanding the commencement of disciplinary proceedings.
