Regulation 38 Police support staff: question of misconduct proceedings
On receipt of a report under regulation 35(2), the supervising member shall consider whether to refer the case to a hearing under Part VII.
Where a case concerning the relevant conduct of a designated person is referred to a supervising member under regulation 34 and falls to be investigated under section 56 or 57 of the 1998 Act, the case may not be referred to a hearing until the Chief Constable receives a memorandum from the Ombudsman in respect of the relevant conduct under section 59(2) of the 1998 Act.
Where the Chief Constable has a duty to proceed under section 59(6) of the 1998 Act, he shall refer the case to a hearing under Part VII.
Where the designated person concerned has—
received a written warning about his conduct within the previous twelve months, and
in a statement made to the appointed officer under a caution given under regulation 37, admitted that his conduct failed to meet the appropriate standard,
the supervising member shall refer the case to a hearing under Part VII.
Where the case is not referred to a hearing no reference to it shall be made on the personal record of the designated person concerned.