PART IVPOLICE COMPLAINTS

Powers of Commission as to disciplinary proceedingsF124

1

Where a memorandum under Article 22 states that the Chief Constable has not brought disciplinary proceedings or does not propose to do so, the Commission may recommend him to bring such proceedings.

2

Where the Commission makes a recommendation under paragraph (1), it shall furnish the Chief Constable with a written statement of its reasons for doing so.

3

Subject to paragraph (6), the Chief Constable may not discontinue disciplinary proceedings that he has brought in accordance with a recommendation under paragraph (1).

4

If after the Commission has made a recommendation under this Article and consulted the Chief Constable he is still unwilling to bring disciplinary proceedings, it may direct him to do so.

5

Subject to paragraph (6), it shall be the duty of the Chief Constable to comply with such a direction.

6

The Commission may give the Chief Constable leave—

a

not to bring disciplinary proceedings which Article 22(10) or paragraph (5) would otherwise oblige him to bring; or

b

to discontinue disciplinary proceedings with which Article 22(10) or paragraph (3) or (5) would otherwise oblige him to proceed.

7

The Chief Constable shall—

a

advise the Commission of what action he has taken in response to a recommendation or direction under this Article; and

b

furnish the Commission with such other information as it may reasonably require for the purpose of discharging its functions under this Article.