SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 3Investigations and subsequent proceedings

F120GF1Special cases: Director of Public Prosecutions

1

On receiving a copy of a special report under paragraph 20B(5) or 20E(5), the Director of Public Prosecutions may request the appropriate authority not to bring disciplinary proceedings without his prior agreement, if the Director considers that bringing such proceedings might prejudice any future criminal proceedings.

2

The Director of Public Prosecutions—

a

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 a special report copied to him under paragraph 20B(5) or 20E(5); and

b

where the special report was copied to him under paragraph 20B(5), shall send a copy of that notification to the Commission.

3

It shall be the duty of the Commission to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a special report copied to him under paragraph 20B(5).

4

It shall be the duty of the appropriate authority to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a special report copied to him under paragraph 20E(5).

5

Those 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.