Section 197 Accelerated investigation procedure in respect of criminal conductI1I2

In paragraph 20 of Schedule 3 to the Police Reform Act 2002 (restrictions on proceedings pending the conclusion of an investigation), in sub-paragraph (1), before paragraph (a) insert—

“(za)

a determination under paragraph 20ZA has been made in respect of the investigation,”.

After paragraph 20 of that Schedule, insert—

“Accelerated procedure in special cases: criminal conduct

20ZA

(1)

At any time before the completion of an investigation of a complaint or recordable conduct matter by the appropriate authority on its own behalf, the appropriate authority may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation.

(2)

At any time before the completion of an investigation of a complaint or recordable conduct matter by—

(a)

the appropriate authority under the direction of the Director General, or

(b)

the Director General,

the Director General may make a determination that the conditions set out in sub-paragraphs (3) and (4) are satisfied in respect of the investigation.

(3)

The first condition is that the investigation indicates that there is sufficient evidence to provide a realistic prospect of conviction for a criminal offence against a person (if any) to whose conduct the investigation relates.

(4)

The second condition is that—

(a)

the circumstances are such that, in the opinion of the appropriate authority (if sub-paragraph (1) applies) or the Director General (if sub-paragraph (2) applies), it is appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions, or

(b)

any matters dealt with by the investigation fall within a prescribed category of matters.

(5)

For the purposes of sub-paragraph (4)(a), the circumstances where the appropriate authority or the Director General may form the opinion that it is not appropriate for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions include circumstances where, in the opinion of the appropriate authority or (as the case may be) Director General, it is not in the public interest for the matters which are the subject of the investigation to be considered by the Director of Public Prosecutions.

(6)

In determining whether the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, the appropriate authority or the Director General must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (insofar as the appropriate authority or, as the case may be, Director General considers it relevant).

(7)

If the appropriate authority or the Director General makes a determination under sub-paragraph (1) or (2) that the conditions in sub-paragraphs (3) and (4) are satisfied in respect of an investigation, they must give notice of their determination to—

(a)

the person to whose conduct the investigation relates,

(b)

where the investigation is of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21,

(c)

where the investigation is of a recordable conduct matter, every person entitled to be kept properly informed in relation that matter under section 21, and

(d)

where the determination is made by the Director General, the appropriate authority.”

For the italic heading before paragraph 20A of that Schedule substitute—

“Accelerated procedure in special cases: gross misconduct”

The amendments made by this section do not apply in respect of an investigation relating to a matter if, before the day on which this section comes into force—

Here, “the appropriate authority” and “the Director General” have the meaning given by section 29 of the Police Reform Act 2002.