Part 5Amendment of the Police (Complaints and Misconduct) Regulations 2020

Amendments to regulation 26 (accelerated procedure: other investigations)

regulation 59 + 59.—(1) Regulation 26 is amended as follows.

(2) After paragraph (1) insert—

“(1A) This regulation also applies if a report or a copy of a report on an investigation under—

(a)paragraph 16 of Schedule 3 (investigations by the appropriate authority on its own behalf);

(b)paragraph 18 of Schedule 3, or

(c)paragraph 19 of Schedule 3,

is submitted or sent to the appropriate authority under paragraph 22 (final reports on investigations) or paragraph 23 (action by the Director General in relation to an investigation report) of Schedule 3.”.

(3) In paragraph (2), for “The appropriate authority” substitute “Where paragraph (1) applies, the appropriate authority”.

(4) After paragraph (2) insert—

“(2A) Subject to paragraph (2B), where paragraph (1A) applies, the appropriate authority may at any time determine whether the special conditions are satisfied.

(2B) The appropriate authority must not make a determination under paragraph (2A)—

(a)where the appropriate authority has a duty under paragraph 23(5B) of Schedule 3 to comply with a direction to bring misconduct proceedings;

(b)where the appropriate authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought;

(c)where the appropriate authority has a duty under paragraph 27(4)(b) of Schedule 3 (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation to bring misconduct proceedings, or

(d)where the case is referred to misconduct proceedings, on or after the date of the misconduct meeting or misconduct hearing.”.

(5) In paragraph (3), for “If the appropriate authority” substitute “Subject to paragraph (3A), if the appropriate authority”.

(6) After paragraph (3) insert—

“(3A) Where paragraph (1A)(b) or (c) applies, the appropriate authority must not certify the case under paragraph (3) unless—

(a)it submits a memorandum to the Director General notifying the Director General of its determination that the special conditions are satisfied and the reasons for its determination, and

(b)the Director General notifies the appropriate authority that the Director General does not object to the certification.

(3B) The Director General must notify the appropriate authority whether or not the Director General objects to the certification before the end of the period of 10 working days beginning with the first working day after receipt of the memorandum under paragraph (3A).

(3C) If the Director General notifies the appropriate authority that the Director General objects to the certification, the Director General must provide the appropriate authority with a statement of the Director General’s belief as to why it would be inappropriate to certify the case.”.

(7) In paragraph (4), for “The appropriate authority” substitute “Except where paragraph (1A)(a) applies, the appropriate authority”.

(8) After paragraph (9) insert—

“(10) In this regulation, “misconduct hearing”, “misconduct meeting” and “misconduct proceedings” have the same meaning as in the Conduct Regulations.”.