|
| |
|
is reasonably practicable after doing so, make a severity |
| |
assessment in relation to the conduct of the person concerned to |
| |
which the investigation relates. |
| |
(3) | The person investigating a recordable conduct matter must make |
| |
a severity assessment in relation to the conduct to which the |
| 5 |
| |
(a) | as soon as is reasonably practicable after his appointment |
| |
| |
(b) | in the case of a matter recorded in accordance with |
| |
paragraph 21A(5) or 24B(2), as soon as is reasonably |
| 10 |
practicable after it is so recorded. |
| |
(4) | For the purposes of this paragraph a “severity assessment”, in |
| |
relation to conduct, means an assessment as to— |
| |
(a) | whether the conduct, if proved, would amount to |
| |
misconduct or gross misconduct, and |
| 15 |
(b) | if the conduct were to become the subject of disciplinary |
| |
proceedings, the form which those proceedings would be |
| |
| |
(5) | An assessment under this paragraph may only be made after |
| |
consultation with the appropriate authority. |
| 20 |
(6) | On completing an assessment under this paragraph, the person |
| |
investigating the complaint or matter must give a notification to |
| |
the person concerned that complies with sub-paragraph (7). |
| |
(7) | The notification must— |
| |
(a) | give the prescribed information about the results of the |
| 25 |
| |
(b) | give the prescribed information about the effect of |
| |
paragraph 19B and of regulations under paragraph 19C; |
| |
(c) | set out the prescribed time limits for providing the person |
| |
investigating the complaint or matter with relevant |
| 30 |
statements and relevant documents respectively for the |
| |
purposes of paragraph 19B(2); |
| |
(d) | give such other information as may be prescribed. |
| |
(8) | Sub-paragraph (6) does not apply for so long as the person |
| |
investigating the complaint or matter considers that giving the |
| 35 |
notification might prejudice— |
| |
(a) | the investigation, or |
| |
(b) | any other investigation (including, in particular, a criminal |
| |
| |
(9) | Where the person investigating a complaint or matter has made a |
| 40 |
severity assessment and considers it appropriate to do so, the |
| |
person may revise the assessment. |
| |
(10) | On revising a severity assessment, the person investigating the |
| |
complaint or matter must notify the prescribed information about |
| |
the revised assessment to the person concerned. |
| 45 |
(11) | In this paragraph and paragraphs 19B to 19D— |
| |
| |
|
| |
|
| |
|
(a) | in relation to an investigation of a complaint, means |
| |
the person in respect of whom it appears to the person |
| |
investigating that there is the indication mentioned in |
| |
| |
(b) | in relation to an investigation of a recordable conduct |
| 5 |
matter, means the person to whose conduct the |
| |
| |
| |
(a) | means a document relating to any complaint or |
| |
matter under investigation, and |
| 10 |
(b) | includes such a document containing suggestions as |
| |
to lines of inquiry to be pursued or witnesses to be |
| |
| |
“relevant statement” means an oral or written statement |
| |
relating to any complaint or matter under investigation. |
| 15 |
Duty to consider submissions from person whose conduct is being investigated |
| |
19B (1) | This paragraph applies to— |
| |
(a) | an investigation of a complaint that has been certified |
| |
under paragraph 19A(1) as one subject to special |
| |
| 20 |
(b) | an investigation of a recordable conduct matter. |
| |
(2) | If before the expiry of the appropriate time limit notified in |
| |
pursuance of paragraph 19A(7)(c)— |
| |
(a) | the person concerned provides the person investigating |
| |
the complaint or matter with a relevant statement or a |
| 25 |
| |
(b) | any person of a prescribed description provides that |
| |
person with a relevant document, |
| |
| that person must consider the statement or document. |
| |
Interview of person whose conduct is being investigated |
| 30 |
19C (1) | The Secretary of State may by regulations make provision as to the |
| |
procedure to be followed in connection with any interview of the |
| |
person concerned which is held during the course of an |
| |
investigation within paragraph 19B(1)(a) or (b) by the person |
| |
investigating the complaint or matter. |
| 35 |
(2) | Regulations under this paragraph may, in particular, make |
| |
| |
(a) | for determining how the time at which an interview is to |
| |
be held is to be agreed or decided, |
| |
(b) | about the information that must be provided to the person |
| 40 |
| |
(c) | for enabling that person to be accompanied at the |
| |
interview by a person of a prescribed description. |
| |
Duty to provide certain information to appropriate authority |
| |
19D (1) | This paragraph applies during the course of an investigation |
| 45 |
within paragraph 19B(1)(a) or (b). |
| |
|
| |
|
| |
|
(2) | The person investigating the complaint or matter must supply the |
| |
appropriate authority with such information in that person’s |
| |
possession as the authority may reasonably request for the |
| |
purpose mentioned in sub-paragraph (3). |
| |
(3) | That purpose is determining, in accordance with regulations |
| 5 |
under section 50 or 51 of the 1996 Act, whether the person |
| |
concerned should be, or should remain, suspended— |
| |
(a) | from office as constable, and |
| |
(b) | where that person is a member of a police force, from |
| |
membership of that force.” |
| 10 |
4 (1) | Paragraph 20A (accelerated procedure in special cases) is amended as |
| |
| |
(2) | In sub-paragraph (1) (application of paragraph) for “a person appointed or |
| |
designated to investigate” substitute “the person investigating”. |
| |
(3) | In sub-paragraph (6) (investigation to continue after submission of report) |
| 15 |
for “appointed or designated to investigate” substitute “investigating”. |
| |
(4) | In sub-paragraph (7) (definition of special conditions)— |
| |
(a) | for paragraphs (a) and (b) substitute— |
| |
“(a) | there is sufficient evidence, in the form of written |
| |
statements or other documents, to establish on the |
| 20 |
balance of probabilities that conduct to which the |
| |
investigation relates constitutes gross |
| |
| |
(b) | in paragraph (c), for “is the subject matter of the investigation” |
| |
| 25 |
(5) | Omit sub-paragraph (8) (interpretation). |
| |
5 (1) | Paragraph 20B (investigations managed or carried out by Commission: |
| |
action by appropriate authority) is amended as follows. |
| |
(2) | For sub-paragraphs (3) and (4) (action to be taken where special conditions |
| |
are satisfied) substitute— |
| 30 |
“(3) | If the appropriate authority determines that the special conditions |
| |
are satisfied then, unless it considers that the circumstances are |
| |
such as to make it inappropriate to do so, it shall— |
| |
(a) | certify the case as a special case for the purposes of |
| |
regulations under section 50(3) or 51(2A) of the 1996 Act; |
| 35 |
| |
(b) | take such steps as are required by those regulations in |
| |
relation to a case so certified.” |
| |
(3) | Omit sub-paragraph (5) (appropriate authority to notify DPP if special |
| |
conditions are satisfied). |
| 40 |
6 | In paragraph 20D(2) (action by Commission on receipt of memorandum) for |
| |
“appointed under paragraph 18 or designated under paragraph 19” |
| |
substitute “investigating the complaint or matter”. |
| |
7 (1) | Paragraph 20E (other investigations: action by appropriate authority) is |
| |
| 45 |
|
| |
|
| |
|
(2) | For sub-paragraphs (3) and (4) (action to be taken where special conditions |
| |
are satisfied) substitute— |
| |
“(3) | If the appropriate authority determines that the special conditions |
| |
are satisfied then, unless it considers that the circumstances are |
| |
such as to make it inappropriate to do so, it shall— |
| 5 |
(a) | certify the case as a special case for the purposes of |
| |
regulations under section 50(3) or 51(2A) of the 1996 Act; |
| |
| |
(b) | take such steps as are required by those regulations in |
| |
relation to a case so certified.” |
| 10 |
(3) | Omit sub-paragraph (5) (appropriate authority to notify DPP if special |
| |
conditions are satisfied). |
| |
(4) | In sub-paragraph (7) (appropriate authority to notify person investigating if |
| |
special conditions are not satisfied) for “appointed under paragraph 16 or |
| |
17” substitute “investigating the complaint or matter”. |
| 15 |
8 | Omit paragraph 20G (special cases: Director of Public Prosecutions) and the |
| |
cross heading immediately preceding it. |
| |
9 (1) | Paragraph 21A (procedure where conduct matter is revealed in course of |
| |
investigation of DSI matter) is amended as follows. |
| |
(2) | In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit |
| 20 |
the words from “(and the other provisions” to the end. |
| |
(3) | After sub-paragraph (5) insert— |
| |
“(6) | Where a DSI matter is recorded under paragraph 11 as a conduct |
| |
matter by virtue of sub-paragraph (5)— |
| |
(a) | the person investigating the DSI matter shall (subject to |
| 25 |
any determination made by the Commission under |
| |
paragraph 15(5)) continue the investigation as if appointed |
| |
or designated to investigate the conduct matter, and |
| |
(b) | the other provisions of this Schedule shall apply in relation |
| |
to that matter accordingly.” |
| 30 |
10 (1) | Paragraph 22 (final reports on investigations) is amended as follows. |
| |
(2) | In subsection (1) (cases where paragraph 22 applies)— |
| |
(a) | after paragraph (a) insert “or”; |
| |
| |
(3) | In subsection (4) (meaning of appropriate authority in the case of a conduct |
| 35 |
matter which was formerly a DSI matter) for the words from “a DSI matter” |
| |
to “or (4)” substitute “a matter that was formerly a DSI matter but has been |
| |
recorded as a conduct matter in pursuance of paragraph 21A(5)”. |
| |
| |
“(7) | The Secretary of State may by regulations make provision |
| 40 |
requiring a report on an investigation within paragraph 19B(1)(a) |
| |
| |
(a) | to include such matters as are specified in the regulations; |
| |
(b) | to be accompanied by such documents or other items as |
| |
| 45 |
|
| |
|
| |
|
(8) | A person who has submitted a report under this paragraph on an |
| |
investigation within paragraph 19B(1)(a) or (b) must supply the |
| |
appropriate authority with such copies of further documents or |
| |
other items in that person’s possession as the authority may |
| |
| 5 |
(9) | The appropriate authority may only make a request under sub- |
| |
paragraph (8) in respect of a copy of a document or other item if |
| |
| |
(a) | considers that the document or item is of relevance to the |
| |
| 10 |
(b) | requires a copy of the document or the item for either or |
| |
both of the purposes mentioned in sub-paragraph (10). |
| |
| |
(a) | complying with any obligation under regulations under |
| |
section 50(3) or 51(2A) of the 1996 Act which the authority |
| 15 |
has in relation to any person to whose conduct the |
| |
| |
(b) | ensuring that any such person receives a fair hearing at any |
| |
disciplinary proceedings in respect of any such conduct of |
| |
| 20 |
11 (1) | Paragraph 23 (action by Commission in response to investigation report) is |
| |
| |
(2) | In sub-paragraph (2) (action to be taken on receipt of report)— |
| |
(a) | for paragraph (b) substitute— |
| |
“(b) | shall determine whether the conditions set out in |
| 25 |
sub-paragraphs (2A) and (2B) are satisfied in |
| |
| |
(b) | in paragraph (c), for “the report does so indicate” substitute “those |
| |
conditions are so satisfied”; |
| |
(c) | in paragraph (d), after “appropriate authority” insert “and the |
| 30 |
persons mentioned in sub-paragraph (5)”. |
| |
(3) | After sub-paragraph (2) insert— |
| |
“(2A) | The first condition is that the report indicates that a criminal |
| |
offence may have been committed by a person to whose conduct |
| |
the investigation related. |
| 35 |
(2B) | The second condition is that— |
| |
(a) | the circumstances are such that, in the opinion of the |
| |
Commission, it is appropriate for the matters dealt with in |
| |
the report to be considered by the Director of Public |
| |
| 40 |
(b) | any matters dealt with in the report fall within any |
| |
prescribed category of matters.” |
| |
(4) | In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”. |
| |
(5) | For sub-paragraphs (6) and (7) substitute— |
| |
“(6) | On receipt of the report, the Commission shall also notify the |
| 45 |
appropriate authority that it must— |
| |
|
| |
|
| |
|
(a) | in accordance with regulations under section 50 or 51 of |
| |
| |
(i) | whether any person to whose conduct the |
| |
investigation related has a case to answer in respect |
| |
of misconduct or gross misconduct or has no case |
| 5 |
| |
(ii) | what action (if any) the authority is required to, or |
| |
will in its discretion, take in respect of the matters |
| |
dealt with in the report, and |
| |
(b) | determine what other action (if any) the authority will in |
| 10 |
its discretion take in respect of those matters.” |
| |
(7) | On receipt of a notification under sub-paragraph (6) the |
| |
appropriate authority shall make those determinations and |
| |
submit a memorandum to the Commission which— |
| |
(a) | sets out the determinations the authority has made, and |
| 15 |
(b) | if the appropriate authority has decided in relation to any |
| |
person to whose conduct the investigation related that |
| |
disciplinary proceedings should not be brought against |
| |
that person, sets out its reasons for so deciding.” |
| |
(6) | In sub-paragraph (8)(a) (action by Commission on receipt of memorandum) |
| 20 |
for “is proposing to take the action” substitute “has made the determinations |
| |
under sub-paragraph (7)(a)”. |
| |
12 (1) | Paragraph 24 (action by the appropriate authority in response to |
| |
investigation report) is amended as follows. |
| |
(2) | In sub-paragraph (2) (action to be taken on receipt of report)— |
| 25 |
(a) | for paragraph (a) substitute— |
| |
“(a) | shall determine whether the conditions set out in |
| |
sub-paragraphs (2A) and (2B) are satisfied in |
| |
| |
(b) | in paragraph (b), for “the report does so indicate” substitute “those |
| 30 |
conditions are so satisfied”; |
| |
(c) | after paragraph (b) insert “and |
| |
(c) | shall notify the persons mentioned in sub- |
| |
paragraph (5) of its determination under |
| |
paragraph (a) and of any action taken by it under |
| 35 |
| |
(3) | After sub-paragraph (2) insert— |
| |
“(2A) | The first condition is that the report indicates that a criminal |
| |
offence may have been committed by a person to whose conduct |
| |
the investigation related. |
| 40 |
(2B) | The second condition is that— |
| |
(a) | the circumstances are such that, in the opinion of the |
| |
appropriate authority, it is appropriate for the matters |
| |
dealt with in the report to be considered by the Director of |
| |
| 45 |
(b) | any matters dealt with in the report fall within any |
| |
prescribed category of matters.” |
| |
(4) | In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”. |
| |
|
| |
|
| |
|
(5) | After sub-paragraph (5) insert— |
| |
“(5A) | In the case of a report falling within sub-paragraph (1)(b) which |
| |
relates to a recordable conduct matter, the appropriate authority |
| |
shall also notify the Commission of its determination under sub- |
| |
| 5 |
(5B) | On receipt of such a notification that the appropriate authority has |
| |
determined that the conditions in sub-paragraphs (2A) and (2B) |
| |
are not satisfied in respect of the report, the Commission— |
| |
(a) | shall make its own determination as to whether those |
| |
conditions are so satisfied, and |
| 10 |
(b) | if it determines that they are so satisfied, shall direct the |
| |
appropriate authority to notify the Director of Public |
| |
Prosecutions of the Commission’s determination and to |
| |
send the Director a copy of the report. |
| |
(5C) | It shall be the duty of the appropriate authority to comply with |
| 15 |
any direction given to it under sub-paragraph (5B).” |
| |
(6) | For sub-paragraph (6) substitute— |
| |
“(6) | On receipt of the report or (as the case may be) copy, the |
| |
appropriate authority shall also— |
| |
(a) | in accordance with regulations under section 50 or 51 of |
| 20 |
| |
(i) | whether any person to whose conduct the |
| |
investigation related has a case to answer in respect |
| |
of misconduct or gross misconduct or has no case |
| |
| 25 |
(ii) | what action (if any) the authority is required to, or |
| |
will in its discretion, take in respect of the matters |
| |
dealt with in the report, and |
| |
(b) | determine what other action (if any) the authority will in |
| |
its discretion take in respect of those matters.” |
| 30 |
(7) | In sub-paragraph (7) (appropriate authority to give notice on making a |
| |
determination under sub-paragraph (6)) for “a determination” substitute |
| |
| |
(8) | In sub-paragraph (8) (contents of notification authority is required to give of |
| |
its determination) for paragraphs (b) and (c) substitute— |
| 35 |
“(b) | the determinations the authority has made under sub- |
| |
| |
13 | In paragraph 24A(2) (final reports on investigations into other DSI matters: |
| |
obligation to submit report) for the words from “A person appointed” to |
| |
“paragraph 19” substitute “The person investigating”. |
| 40 |
14 (1) | Paragraph 24B (action in response to a report on a DSI matter) is amended |
| |
| |
(2) | In sub-paragraph (2) (circumstances in which appropriate authority must |
| |
record matter as a conduct matter) omit the words from “(and the other |
| |
| 45 |
|
| |
|