# Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008, Regulation 38: Police support staff: question of misconduct proceedings


(1) 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.
(2) 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.
(3) 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.
(4) Where the designated person concerned has—
(a) received a written warning about his conduct within the previous twelve months, and
(b) 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.
(5) 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.

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Source: https://www.legislation.gov.uk/nisr/2008/242/regulation/38 (the official version)
Page: https://openlegislation.uk/police-powers-for-designated-staff-complaints-and-misconduct-regulations-northern-ireland-2008/regulation-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.