Regulation 49 Special procedure: severity assessment

(1)

Where Condition A, B or C is satisfied, the person investigating must proceed with the investigation in accordance with paragraphs (5) to (8) and regulations 50 to 55.

(2)

Condition A is that—

(a)

the investigation is an investigation of a complaint; and

(b)

during the course of the investigation it appears to the person investigating or, in the case of an investigation by a designated person under regulation 45, the Director General, that there is an indication that the person to whose conduct the investigation relates may have—

(i)

committed a criminal offence; or

(ii)

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

(3)

Condition B is that—

(a)

the investigation is an investigation of a complaint being carried out by a person appointed under regulation 43 or 44; and

(b)

during the course of the investigation the Director General determines that there is an indication that the person to whose conduct the investigation relates may have—

(i)

committed a criminal offence; or

(ii)

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

(4)

Condition C is that the investigation is an investigation of a recordable conduct matter.

(5)

In the case of an investigation under regulation 43 or 44, the person investigating must, as soon as is reasonably practicable—

(a)

form an opinion as to—

(i)

whether the conduct of the person concerned, if proved, would amount to misconduct that is so serious as to justify disciplinary action or gross misconduct, and

(ii)

if that conduct were to become the subject of disciplinary proceedings, the form which those proceedings would be likely to take;

(b)

notify the Director General of that opinion; and

(c)

refer the case to the Director General for the Director General to make a severity assessment in relation to the conduct of the person concerned.

(6)

In the case of an investigation under regulation 45 other than by the Director General acting personally, the person investigating must, as soon as is reasonably practicable, refer the case to the Director General for the Director General to make a severity assessment in relation to the conduct of the person concerned.

(7)

In any other case, the person investigating must, as soon as is reasonably practicable, make a severity assessment in relation to the conduct of the person concerned.

(8)

A severity assessment may only be made after consultation with the chief executive.

(9)

In this regulation and in regulations 50 to 55, “person concerned” means—

(a)

in relation to an investigation of a complaint, the officer in respect of whom it appears to the person investigating or, in the case of an investigation by a designated person under regulation 45, the Director General, that there is the indication mentioned in paragraph (2)(b) or, as the case may be, paragraph (3)(b);

(b)

in relation to an investigation of a recordable conduct matter, the officer to whose con-duct the investigation relates.