The Police (Conduct) Regulations 2004

Remission of cases: officers other than senior officers

33.—(1) The hearing of the case—

(a) shall, in the circumstances mentioned in paragraph (2); or

(b) may, in the circumstances mentioned in paragraph (5),

be remitted by the presiding officer concerned to a police officer of equivalent rank in the force concerned or to a police officer of equivalent rank in another force who, at the presiding officer’s request, has agreed to act as the presiding officer in the matter.

(2) A case shall be so remitted if—

(a) the presiding officer is an interested party otherwise than in his capacity as such; or

(b) there would not, because the officer concerned was not given notice under regulation 17 of the opportunity to elect to be legally represented at the hearing, be available on a finding against him any of the sanctions referred to in that regulation, and it appears to the presiding officer concerned that those sanctions ought to be so available and that accordingly it would be desirable for there to be another hearing at which the officer concerned could, if he so wished, be so represented.

(3) Where a case is remitted to another police officer under paragraph (2)(b) notice in writing shall be served on the officer concerned inviting him to elect, within 14 days of the receipt thereof, to be legally represented at the hearing before that officer.

(4) An officer remitting a case under paragraph (2)(b) shall not give to the officer to whom the case has been remitted any indication of his assessment of the case or of the sanction which might be imposed.

(5) A case not falling within paragraph (2) may be remitted by the presiding officer in accordance with paragraph (1) if, either before or during the hearing, the presiding officer concerned considers remission appropriate.