Regulation 7 Decision to charge

This regulation applies to any case in which the independent solicitor has submitted a discipline form to the police authority in terms of regulation 6(5).

The police authority shall, having considered the terms of the discipline form, decide whether the officer subject to investigation should be charged with the disciplinary offence specified on the discipline form and, if it decides that he should be so charged, it shall direct the independent solicitor accordingly.

Where the police authority has decided in terms of paragraph (2) that the officer subject to investigation should not be so charged then it shall forthwith notify the said officer in writing.

The independent solicitor shall, if so directed in terms of paragraph (2), charge the officer subject to investigation (hereinafter referred to as “the accused”) by causing him to be served with a copy of the discipline form.

For the purposes of section 40A(2) of the 1967 Act^f1, proceedings by virtue of section 26(2A)(a) of that Act, insofar as relating to a constable to whom these Regulations apply, shall be taken to have commenced on the date on which the copy discipline form is sent to the senior officer in terms of paragraph (4).