The Police (Conduct) Regulations 2004

Procedure on receipt of investigating officer’s report

11.—(1) Subject to paragraphs (2) and (4) to (6), on receipt of the investigating officer’s report the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) may refer the case to a hearing.

(2) Where—

(a) the appropriate authority has a duty to take action, secure that disciplinary proceedings are proceeded with or to comply with a direction under paragraph 27 of Schedule 3 to the 2002 Act; or

(b) the officer concerned has received two written warnings about his conduct within the previous twelve months and has in a statement made under regulation 9 admitted that his conduct failed to meet the appropriate standard,

the appropriate authority (in the case of a senior officer) or supervising officer (in any other case) shall refer the case to a hearing.

(3) If the appropriate authority or supervising officer decides that no proceedings under regulation 14 need be taken, they shall so inform the officer concerned in writing as soon as possible.

(4) Where the appropriate authority, on receipt of a report submitted by the investigating officer under regulation 10(2), is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, it shall take the steps set out in paragraph (6).

(5) Where the supervising officer, on receipt of a report submitted by the investigating officer under regulation 10(2), is of the opinion that the case is one in respect of which the conditions specified in Part 1 of Schedule 2 are likely to be satisfied, he shall refer the case to the appropriate officer who take the steps set out in paragraph (6).

(6) Those steps are—

(a) if the conditions specified in Part 1 of Schedule 2 are not satisfied, return the case to the investigating officer or supervising officer as the case may be to complete the investigation (if necessary);

(b) if the conditions specified in Part 1 of Schedule 2 are satisfied—

(i) certify the case as a special case and refer it to a hearing, and notify the officer concerned accordingly; or

(ii) if the circumstances are such as, in his opinion, make such certification inappropriate, return the case to the investigating officer or supervising officer as the case may be.

(7) Where a case is not referred to a hearing no reference to it shall be made on the officer concerned’s personal record.

(8) Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 29(1) of the 2002 Act (interpretation of Part 2), be disciplinary proceedings.