OpenLegislation

Regulation 26 Accelerated procedure: other investigationsI1

England and Wales

(1)

This regulation applies if a statement and special report on an investigation under—

(a)

paragraph 18 of Schedule 3 (investigations directed by the Director General), or

(b)

paragraph 19 of Schedule 3 (investigations by the Director General),

are submitted to the appropriate authority under regulation 24 (accelerated procedure: statement and report).

F1(1A)

This regulation also applies if a report or a copy of a report on an investigation under—

(a)

paragraph 16 of Schedule 3 (investigations by the appropriate authority on its own behalf);

(b)

paragraph 18 of Schedule 3, or

(c)

paragraph 19 of Schedule 3,

is submitted or sent to the appropriate authority under paragraph 22 (final reports on investigations) or paragraph 23 (action by the Director General in relation to an investigation report) of Schedule 3.

(2)

F2Where paragraph (1) applies, the appropriate authority must determine whether the special conditions are satisfied.

F3(2A)

Subject to paragraph (2B), where paragraph (1A) applies, the appropriate authority may at any time determine whether the special conditions are satisfied.

(2B)

The appropriate authority must not make a determination under paragraph (2A)—

(a)

where the appropriate authority has a duty under paragraph 23(5B) of Schedule 3 to comply with a direction to bring misconduct proceedings;

(b)

where the appropriate authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought;

(c)

where the appropriate authority has a duty under paragraph 27(4)(b) of Schedule 3 (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation to bring misconduct proceedings, or

(d)

where the case is referred to misconduct proceedings, on or after the date of the misconduct meeting or misconduct hearing.

(3)

F4Subject to paragraph (3A), if the appropriate authority determines that the special conditions are satisfied, it must, unless it considers that the circumstances are such as to make it inappropriate to do so—

(a)

certify the case as one where the special conditions are satisfied for the purposes of the Conduct Regulations, and

(b)

take such steps as are required by those Regulations in relation to the case.

F5(3A)

Where paragraph (1A)(b) or (c) applies, the appropriate authority must not certify the case under paragraph (3) unless—

(a)

it submits a memorandum to the Director General notifying the Director General of its determination that the special conditions are satisfied and the reasons for its determination, and

(b)

the Director General notifies the appropriate authority that the Director General does not object to the certification.

(3B)

The Director General must notify the appropriate authority whether or not the Director General objects to the certification before the end of the period of 10 working days beginning with the first working day after receipt of the memorandum under paragraph (3A).

(3C)

If the Director General notifies the appropriate authority that the Director General objects to the certification, the Director General must provide the appropriate authority with a statement of the Director General’s belief as to why it would be inappropriate to certify the case.

(4)

F6Except where paragraph (1A)(a) applies, the appropriate authority must notify the Director General of a certification under paragraph (3).

(5)

If the appropriate authority determines that—

(a)

the special conditions are not satisfied, or

(b)

although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it must submit a memorandum to the Director General notifying the Director General of its determination and the reasons for it.

(6)

On receipt of a memorandum under paragraph (5), the Director General must—

(a)

consider the memorandum, and

(b)

determine, in light of that consideration, whether or not to direct the appropriate authority to certify the case under paragraph (3).

(7)

If the Director General determines not to direct the appropriate authority to certify the case under paragraph (3), the Director General must notify—

(a)

the appropriate authority, and

(b)

if the person investigating is not also the Director General carrying out the investigation under paragraph 19 of Schedule 3 personally, the person investigating the complaint or recordable conduct matter,

of that determination.

(8)

If the Director General determines to direct the appropriate authority to certify the case under paragraph (3), the Director General must—

(a)

provide the appropriate authority with a statement of the Director General’s reasons for doing so, and

(b)

direct the appropriate authority to certify the case under paragraph (3),

and the appropriate authority must certify the case under that paragraph, take such steps as are required by the Conduct Regulations in relation to the case and keep the Director General informed of whatever action it takes in response to the direction.

(9)

The Director General may at any time withdraw a direction given under this regulation.

F7(10)

In this regulation, “misconduct hearing”, “misconduct meeting” and “misconduct proceedings” have the same meaning as in the Conduct Regulations.

Annotations

Textual amendments

F1

Reg. 26(1A) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(2) (with reg. 66)

F2

Words in reg. 26(2) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(3) (with reg. 66)

F3

Reg. 26(2A)(2B) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(4) (with reg. 66)

F4

Words in reg. 26(3) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(5) (with reg. 66)

F5

Reg. 26(3A)-(3C) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(6) (with reg. 66)

F6

Words in reg. 26(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(7) (with reg. 66)

F7

Reg. 26(10) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 59(8) (with reg. 66)

Commencement

I1

Reg. 26 in force at 1.2.2020, see reg. 1(1)