Part VII Police complaints and disciplinary proceedings
59 Steps to be taken after investigation – disciplinary proceedings.
1
Where—
a
the Director has dealt with the question of criminal proceedings; or
b
the Ombudsman determines that the report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force,
the Ombudsman shall consider the question of disciplinary proceedings.
2
The Ombudsman shall send the appropriate disciplinary authority a memorandum containing—
a
his recommendation as to whether or not disciplinary proceedings should be brought in respect of the conduct which is the subject of the investigation;
b
a written statement of his reasons for making that recommendation; and
c
where he recommends that disciplinary proceedings should be brought, such particulars in relation to the disciplinary proceedings which he recommends as he thinks appropriate.
3
No disciplinary proceedings shall be brought by the appropriate disciplinary authority before it receives the memorandum of the Ombudsman under subsection (2).
4
The Police Authority shall advise the Ombudsman of what action it has taken in response to a recommendation contained in a memorandum sent to it under subsection (2); and nothing in the following provisions of this section has effect in relation to senior officers.
5
If—
a
a memorandum sent to the Chief Constable under subsection (2) contains a recommendation that disciplinary proceedings should be brought; but
b
the Chief Constable is unwilling to bring such disciplinary proceedings,
the Ombudsman may, after consultation with the Chief Constable, direct him to bring disciplinary proceedings.
6
Subject to subsection (7)—
a
it shall be the duty of the Chief Constable to comply with a direction under subsection (5);
b
the Chief Constable may not discontinue disciplinary proceedings which he has brought in accordance with—
i
a recommendation contained in a memorandum under subsection (2); or
ii
a direction under subsection (5).
7
The Ombudsman may give the Chief Constable leave—
a
not to bring disciplinary proceedings which subsection (6)(a) would otherwise oblige him to bring; or
b
to discontinue disciplinary proceedings with which subsection (6)(b) would otherwise require him to proceed.
8
Regulations made in accordance with section 25(3) or 26(3) may establish, or make provision for the establishment of, a special procedure for any case in which disciplinary proceedings are brought—
a
where a memorandum under subsection (2) recommending the bringing of those proceedings contains a statement to the effect that, by reason of exceptional circumstances affecting the case, the Ombudsman considers that such special procedures are appropriate; or
b
in compliance with a direction under subsection (5).
9
The Chief Constable shall advise the Ombudsman of what action he has taken in response to—
a
a recommendation contained in a memorandum under subsection (2);
b
a direction under subsection (5).