SCHEDULES

SCHEDULE 3 U.K.Handling of Complaints and Conduct matters etc.

Modifications etc. (not altering text)

C1 Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))

Part 3 U.K.Investigations and subsequent proceedings

[F1 Accelerated procedure in special cases E+W

Textual Amendments

F1 Sch. 3 paras. 20A-20I inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 159, 178, Sch. 11 para. 3; S.I. 2005/1521, art. 3(1)(v)

[F2 20A F3 F4 F5 (1) This paragraph applies where— E+W

(a) at any time before the completion of an investigation of a complaint or recordable conduct matter, the person investigating [F6 or, in the case of an investigation by a designated person under paragraph 19, the Director General,] believes that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied, or

(b) at any time before the completion of an investigation of a complaint or recordable conduct matter being carried out by a person appointed under paragraph 18, the [F7 Director General] determines that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied.

(2) The conditions in this sub-paragraph are that—

(a) there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct, and

(b) it is in the public interest for the person whose conduct it is to cease to be a member of a police force, or to be a special constable, without delay.

F8 (3) Where this paragraph applies the person investigating, the appropriate authority and [F9 (where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally)] the [F7 Director General] must proceed in accordance with regulations made by the Secretary of State.

(4) Regulations under sub-paragraph (3) may (amongst other things) make provision—

(a) for the person investigating to continue the investigation (whether to its full extent or to such lesser extent as is provided) or to stop investigating;

(b) for the person investigating to submit a report on the investigation [F10 or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one,] to a point before its completion (not being a report under paragraph 22);

(c) for the conduct to which the investigation relates to be certified for the purposes of paragraph 20(1)(a).]]

Textual Amendments

F2 Sch. 3 para. 20A substituted for Sch. 3 paras. 20A-20I (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 23; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

F3 Word in Sch. 3 para. 20A(1) substituted (cond.) (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 57(3)(a)(i); S.I. 2017/1249, reg. 2 (with reg. 3)

F4 Words in Sch. 3 para. 20A(1) inserted (cond.) (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 57(3)(a)(ii); S.I. 2017/1249, reg. 2 (with reg. 3)

F5 Words in Sch. 3 para. 20A(1) substituted (cond.) (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 57(3)(a)(iii); S.I. 2017/1249, reg. 2 (with reg. 3)

F6 Words in Sch. 3 para. 20A(1)(a) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(12)(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F7 Words in Sch. 3 substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(2) (with Sch. 9 para. 56(6)); S.I. 2017/1249, reg. 2 (with reg. 3)

F8 Words in Sch. 3 para. 20A(3) substituted (cond.) (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 57(3)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F9 Words in Sch. 3 para. 20A(3) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(12)(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F10 Words in Sch. 3 para. 20A(4)(b) inserted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 56(12)(c); S.I. 2017/1249, reg. 2 (with reg. 3)