Referral of case to misconduct proceedings
21.—(1) Subject to regulation 42, and paragraphs (6) and (7), on receipt of the investigator’s written report under regulation 20, the appropriate authority shall, as soon as practicable, determine whether the member concerned has a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.
(2) 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 42(3), make a further determination as to whether the member 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 misconduct case to answer, it may—
(a)take no further disciplinary action against the member concerned;
(b)take management action against the member concerned; or
(c)refer the matter to be dealt with under the Performance Regulations.
(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 member concerned.
(6) Where the appropriate authority receives a recommendation under section 59(2) of the 1998 Act (steps to be taken after investigation - disciplinary proceedings) that disciplinary proceedings should be brought the appropriate authority shall, if it accepts the recommendation, determine whether to refer the case to a misconduct meeting or misconduct hearing.
(7) In the case of directed proceedings, the Chief Constable shall refer the case to a misconduct hearing in accordance with regulation 27(5).
(8) 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 member concerned of the reason for this.
(9) Where under paragraph (5) the appropriate authority determines to take management action, it shall give the member concerned written notice of this as soon as practicable.
(10) Where the appropriate authority determines under paragraph (5) to refer the case to misconduct proceedings—
(a)where the member concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) or at the date of the recommendation under section 59(2) of the 1998 Act that disciplinary proceedings should be brought, those proceedings shall be a misconduct hearing; and
(b)in all other cases those proceedings shall be a misconduct meeting.