Textual Amendments
F1Pt. IV Chapter I: power to apply conferred (31.10.1997) by 1997 c. 50, s. 39(2)(c); S.I. 1997/2390, art. 2(2)(j)
(1)At the end of an investigation which the Authority have supervised, the investigating officer shall—
(a)submit a report on the investigation to the Authority, and
(b)send a copy of the report to the appropriate authority.
(2)After considering a report submitted to them under subsection (1), the Authority shall submit an appropriate statement to the appropriate authority.
(3)If it is practicable to do so, the Authority, when submitting the appropriate statement under subsection (2), shall send a copy of it to the member of a police force whose conduct has been investigated.
(4)If—
(a)the investigation related to a complaint, and
(b)it is practicable to do so,
the Authority shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was submitted.
(5)The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of an investigation.
(6)No disciplinary proceedings shall be brought before the appropriate statement is submitted to the appropriate authority.
(7)Subject to subsection (8), neither the appropriate authority nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the appropriate authority.
(8)The restriction imposed by subsection (7) does not apply if it appears to the Director that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.
(9)In this section “appropriate statement” means a statement—
(a)as to whether the investigation was or was not conducted to the Authority’s satisfaction,
(b)specifying any respect in which it was not so conducted, and
(c)dealing with any such other matters as the Secretary of State may by regulations provide.