Referral of case to misconduct proceedings
19.—(1) Subject to regulation 41 and paragraph (6)—
(a)on receipt of the investigator’s written report; and
(b)in relation to England and Wales, in the case of such a report submitted under paragraph 22 of Schedule 3 to the 2002 Act (final reports on investigations), in making a determination under paragraph 23(7) or 24(6) of Schedule 3 to the 2002 Act (action in response to an investigation report) as to what action to take in respect of matters dealt with in that report; or
(c)in relation to Northern Ireland, in the case of such a report submitted under section 56(6) or 57(8) of the 1998 Act, in making a determination under section 58, 58A(1) or 59 of the 1998 Act as to what action to take in respect of matters dealt with in that report,
the appropriate authority shall, as soon as practicable, determine whether the officer concerned has a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.
(2) Subject to paragraph (6), in a case where the disciplinary proceedings have been delayed by virtue of regulation 9(3), as soon as practicable after the appropriate authority considers that such proceedings would no longer prejudice any criminal proceedings, it shall, subject to regulation 41(3), make a further determination as to whether the officer concerned has a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.
(3) Where the appropriate authority determines there is no case to answer, it may—
(a)take no further action against the officer concerned;
(b)take management action against the officer concerned; or
(c)refer the matter to be dealt with under the Restoring Efficiency Procedures.
(4) Where the appropriate authority determines that there is a case to answer in respect of gross misconduct, it shall, subject to regulation 9(3) and paragraph (2), refer the case to a misconduct hearing.
(5) Where the appropriate authority determines that there is a case to answer in respect of misconduct, it may—
(a)subject to regulation 9(3) and paragraph (2), refer the case to misconduct proceedings; or
(b)take management action against the officer concerned.
(6) Where the appropriate authority—
(a)in relation to England and Wales, accepts a recommendation under paragraph 27(3) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings) that proceedings are brought at a misconduct meeting or a misconduct hearing; or has a duty under paragraph 27(4) (duties with respect to disciplinary proceedings) of that Schedule to comply with a direction to give effect to such a recommendation; or
(b)in relation to Northern Ireland, accepts a recommendation under section 59(2) of the 1998 Act that disciplinary proceedings should be brought in respect of the conduct; or has a duty under section 59(6) of that Act to comply with a direction to bring disciplinary proceedings;
it shall, subject to regulation 9(3), refer the case to a misconduct meeting or a misconduct hearing.
(7) Where the appropriate authority fails to—
(a)make the determination referred to in paragraph (1); and
(b)where appropriate, decide what action to take under paragraph (5),
before the end of 15 working days beginning with the first working day after receipt of the investigator’s written report, it shall notify the officer concerned of the reason for this.
(8) Where under paragraph (5) the appropriate authority determines to take management action, it shall give the officer concerned written notice of this as soon as practicable.
(9) Where the appropriate authority determines under paragraph (5) to refer the case to misconduct proceedings—
(a)where the officer concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) or regulation 14A of the Complaints Regulations (as the case may be), those proceedings shall be a misconduct hearing;
(b)where the officer concerned has been reduced in rank under the Restoring Efficiency Procedures less than 18 months prior to the assessment of conduct under regulation 12(1) or regulation 14A of the Complaints Regulations (as the case may be), those proceedings shall be a misconduct hearing; and
(c)in all other cases those proceedings shall be a misconduct meeting.
Section 58A was inserted into the 1998 Act by section 62(1) of the Police (Northern Ireland) Act 2000 (c. 32)