Police Reform Act 2002

24(1)This paragraph applies where—E+W

(a)a report of an investigation is submitted to the appropriate authority in accordance with paragraph [F122(2)]; F2...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)On receipt of the report F4..., the appropriate authority—

[F5(a)shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;]

(b)if it determines that [F6those conditions are so satisfied], shall notify the Director of Public Prosecutions of the determination and send him a copy of the report[F7 and

(c)shall notify the persons mentioned in sub-paragraph (5) of its determination under paragraph (a) and of any action taken by it under paragraph (b).]

[F8(2A)The first condition is that the report indicates that a criminal offence may have been committed by a person [F9(if any)] to whose conduct the investigation related.

(2B)The second condition is that—

(a)the circumstances are such that, in the opinion of the appropriate authority, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b)any matters dealt with in the report fall within any prescribed category of matters.]

(3)The Director of Public Prosecutions shall notify the appropriate authority of any decision of his to take, or not to take, action in respect of the matters dealt with in any report a copy of which has been sent to him under sub-paragraph (2).

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F11The] persons are—

(a)in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b)in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.

F12(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(6)F14On receipt of the report ..., the appropriate authority shall also—

(a)in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(i)whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and

[F15(ia)whether or not any such person's performance is unsatisfactory, and]

(ii)what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and

[F16(aa)if it considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that it is required to make by sub-paragraph (2)(a) or paragraph (a) of this sub-paragraph, and]

[F17(b)determine what action (if any), in addition to the action mentioned in paragraph (a)(ii), the authority will in its discretion take in respect of the matters dealt with in the report.]]

[F18(6A)Where the report is a report of an investigation of a complaint and the appropriate authority is a local policing body, the appropriate authority may also, on receipt of the report, make a recommendation under paragraph 28ZA.]

[F19(6B)It shall be the duty of the appropriate authority—

(a)to take the action which it determines under sub-paragraph (6) that it is required to, or will in its discretion, take, and

(b)in a case where that action consists of or includes the bringing of disciplinary proceedings, to secure that those proceedings, once brought, are proceeded with to a proper conclusion.]

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(11)In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) [F22, (2A)] [F23, (2B)] or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.]