The Police (Conduct) Regulations 1999

Procedure on receipt of investigating officer’s report

11.—(1) Subject to paragraphs (2) and (3), on receipt of the investigating officer’s report the supervising officer may refer the case to a hearing.

(2) Where—

(a) the chief officer has a duty to proceed under section 75(7) or 76(2) or (5) of the 1996 Act; or

(b) the member concerned has received two written warnings about his conduct within the previous twelve months and has in a statement made under regulation 9 admitted that his conduct failed to meet the appropriate standard,

the supervising officer shall refer the case to a hearing.

(3) Where the supervising officer, on receipt of a report submitted by the investigating officer under paragraph (2) of regulation 10, is of the opinion that the case is one in respect of which the conditions specified in Part I of Schedule 2 are likely to be satisfied, he shall refer the case to the appropriate officer, who shall—

(a) if the conditions specified in Part I of Schedule 2 are not satisfied, return the case to the supervising officer;

(b) if the conditions specified in Part I of Schedule 2 are satisfied—

(i) certify the case as a special case and refer it to a hearing, or

(ii) if the circumstances are such as, in his opinion, make such certification inappropriate, return the case to the supervising officer.

(4) Where a case is not referred to a hearing no reference to it shall be made on the member concerned’s personal record.

(5) Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 65 of the 1996 Act (interpretation of Chapter I of Part IV), be disciplinary proceedings.