SCHEDULES
C2SCHEDULE 3Handling of Complaints and Conduct matters etc.
Part 3Investigations and subsequent proceedings
F3Procedure where conduct matter is revealed during investigation of DSI matter
Sch. 3 para. 21A inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 160, 178, Sch. 12 para. 20; S.I. 2005/1521, art. 3(1)(w)
C121A
1
If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 F11... 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 F8Director General.
2
If, after considering a submission under sub-paragraph (1), the F8Director General determines that there is such an indication, F9the 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 F10the 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 F8Director 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,
F122B
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 F8Director 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—
F13aa
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),
F1 it shall record the matter under paragraph 11 as a conduct matter . . . .
F26
Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—
a
b
the other provisions of this Schedule shall apply in relation to that matter accordingly.
Sch. 3 modified (15.12.2017) by S.I. 2012/1204, Sch. Pt. 1 (as inserted by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 2 (with reg. 2))