SCHEDULES

SCHEDULE 3Handling of Complaints and Conduct matters etc.

Part 3Investigations and subsequent proceedings

F3Procedure where conduct matter is revealed during investigation of DSI matter

Annotations:
Amendments (Textual)

C121A

1

If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 F8... that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the F11Director General.

2

If, after considering a submission under sub-paragraph (1), the F11Director General determines that there is such an indication, F12the Director General shall—

a

notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of F13the Director General's determination; and

b

send to it (or each of them) a copy of the submission under sub-paragraph (1).

F42A

If during the course of an investigation of a DSI matter being carried out by a person appointed under paragraph 18 the F11Director General determines (without there having been a submission under sub-paragraph (1)) that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings,

F12the Director General shall notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of F13the Director General's determination.

F92B

If during the course of an investigation of a DSI matter being carried out by a person designated under paragraph 19 the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph (2C).

2C

The Director General must—

a

prepare a record of the determination,

b

notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and

c

send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).

3

If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 16 F6... that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

a

committed a criminal offence, or

b

behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the appropriate authority in relation to the DSI matter.

4

If, after considering a submission under sub-paragraph (3), the appropriate authority determines that there is such an indication, it shall—

a

if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and

b

notify the F11Director General of its determination and send to it a copy of the submission under sub-paragraph (3).

5

Where the appropriate authority in relation to the person whose conduct is in question—

a

is notified of a determination by the F11Director General under sub-paragraph (2) F5or (2A),

F10aa

is notified of a determination by the Director General under sub-paragraph (2C),

b

(in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or

c

(in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),

it shall record the matter under paragraph 11 as a conduct matter F1. . . .

F26

Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—

a

the person investigating the DSI matter shall (subject to any determination made by the F11Director General under paragraph F715(5A) or (5B)) continue the investigation as if appointed or designated to investigate the conduct matter, and

b

the other provisions of this Schedule shall apply in relation to that matter accordingly.