SCHEDULES

C1C2SCHEDULE 3Handling of Complaints and Conduct matters etc.

Annotations:
Modifications etc. (not altering text)
C2

Sch. 3 applied (with modifications) by 1984 c. 55, ss. 56A-56C (as inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(1), 170(4)(c); S.I. 2023/362, reg. 3(1)(v))

Part 3Investigations and subsequent proceedings

F1Accelerated procedure in special cases

Annotations:
Amendments (Textual)

F620A

1

This paragraph applies where—

a

at any time before the completion of an investigation of a complaint or recordable conduct matter, the person investigating F3or, 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 F2Director 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.

3

Where this paragraph applies the person investigating, the appropriate authority and F4(where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally) the F2Director 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 F5or, 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).