PART 5General

Definition of “disciplinary proceedings” for the purposes of Part 2 of the 2002 Act in relation to police staff members and designated police volunteers47

1

In relation to a person serving with the police who is not a member of a police force or a special constable, for the purposes of Part 2 of the 2002 Act “disciplinary proceedings” means83—

a

any proceedings or management process during which the conduct (as opposed to the performance) of such a person is considered in order to determine whether a sanction or punitive measure is to be imposed against that person in relation to that conduct, and

b

for the purposes of the provisions mentioned in paragraph (2) only, any proceedings or management process during which the performance of such a person is considered in order to determine whether it is unsatisfactory and whether, as a result, any action is to be taken in relation to it.

2

The provisions are—

a

section 22(8) of the 2002 Act (guidance issued by the Director General);

b

the following provisions of Schedule 3—

i

paragraph 2(6B) (complaints which must be handled in accordance with Schedule 3)84;

ii

paragraph 6(2E) (handling of complaints other than by way of an investigation: admissibility of statements in proceedings)85;

iii

paragraph 6A(10) (reviews relating to complaints dealt with other than by investigation: references to outcome of a complaint)86;

iv

paragraph 19ZG(2) (retention of items by the Director General)87;

v

paragraph 19ZH(6) (restrictions on access to items retained by the Director General)88;

vi

paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation)89;

vii

paragraph 22(10) (purposes for which appropriate authority may request items from person investigating)90;

viii

paragraph 23(5A) (duties of Director General on receipt or completion of report on investigation)91;

ix

paragraph 24(6B) (duties of appropriate authority on receipt of report on investigation)92;

x

paragraph 25(4C), (4E) and (14) (reviews with respect to an investigation: powers of relevant review body and references to outcome of a complaint)93;

xi

paragraph 27(2) (duties of appropriate authority following memorandum under paragraph 24C)94.