SCHEDULES
SCHEDULE 3Handling of Complaints and Conduct matters etc.
Part 3Investigations and subsequent proceedings
F120BInvestigations managed or carried out by Commission: action by appropriate authority
1
This paragraph applies where —
a
a statement and special report on an investigation carried out under the management of the Commission, or
b
a statement and special report on an investigation carried out by a person designated by the Commission,
are submitted to the appropriate authority under paragraph 20A(3).
2
The appropriate authority shall determine whether the special conditions are satisfied.
3
If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—
a
certify the case as a special case for the purposes of Regulation 11 of the Police (Conduct) Regulations 2004 (S.I. 2004/645); and
b
subject to any request made under paragraph 20G(1), take such steps as are required by that Regulation in relation to a case so certified.
4
The reference in sub-paragraph (3) to Regulation 11 includes a reference to any corresponding provision replacing that Regulation.
5
If the appropriate authority determines that the special conditions are satisfied then it shall notify the Director of Public Prosecutions of its determination and send him a copy of the special report.
6
The appropriate authority shall notify the Commission of a certification under sub-paragraph (3).
7
If the appropriate authority determines—
a
that the special conditions are not satisfied, or
b
that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,
it shall submit to the Commission a memorandum under this sub-paragraph.
8
The memorandum required to be submitted under sub-paragraph (7) is one which—
a
notifies the Commission of its determination that those conditions are not satisfied or (as the case may be) that they are so satisfied but the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings; and
b
(in either case) sets out its reasons for so determining.
9
In this paragraph “special conditions” has the meaning given by paragraph 20A(7).