# The Ministry of Defence Police (Conduct) Regulations 2009, Regulation 21: Withdrawal of case


(1) Subject to paragraph (3), at any time before the beginning of the misconduct proceedings, the appropriate authority may direct that the case be withdrawn.
(2) Where a direction is given under paragraph (1)—
(a) the appropriate authority may—
(i) take no further action against the officer concerned;
(ii) take management action against the officer concerned; or
(iii) refer the matter to be dealt with under the Restoring Efficiency Procedures; and
(b) the appropriate authority shall as soon as practicable give the officer concerned—
(i) written notice of the direction, indicating whether any action will be taken under paragraph (2)(a); and
(ii) where the investigation has been completed, on request and subject to the harm test, a copy of the investigator’s report or such parts of that report as relate to the officer concerned.
(3) This regulation shall not apply to a case to which—
(a) in relation to England and Wales, paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applies; or
(b) in relation to Northern Ireland, section 54, 56 or 57 of the 1998 Act applies.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111486238/regulation/21 (the official version)
Page: https://openlegislation.uk/draft-ministry-of-defence-police-conduct-regulations-2009/regulation-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.