Regulation 11 Investigator’s report

In regulation 13 (investigator’s report)—

(a)

in paragraph (3)—

(i)

in sub-paragraph (a), after “12(7)”, insert “, or, where no audio recording is made, a copy of the written record made under regulation 12(8)”,

(ii)

for sub-paragraph (b), substitute—

“(b)

any written representations made by the constable during the misconduct investigation, together with any documents submitted alongside those representations.”,

(b)

after paragraph (3), insert—

“(4)

If, at any time during the investigation, the investigator believes that the deputy chief constable would, on consideration of the matter, be likely to determine that the special conditions are satisfied, the investigator must, whether or not the investigation is complete, submit to the deputy chief constable—

(a)

a statement of the investigator’s belief and the grounds for it, and

(b)

a written report on the investigation to that point.

(5)

If at any time during the investigation the investigator believes that, in light of evidence made available to the investigator that was not available to the deputy chief constable when the deputy chief constable made their assessment under regulation 10, the deputy chief constable would, on further consideration of the matter, be likely to determine that the conduct which is the subject matter of the allegation, if proved, would amount to neither misconduct nor gross misconduct, the investigator must, whether or not the investigation is complete, submit to the deputy chief constable—

(a)

a statement of the investigator’s belief and the grounds for it,

(b)

a written report on the investigation to that point, and

(c)

a statement of the investigator’s opinion as to whether the matter should be referred to be dealt with under the Performance Regulations, by improvement action or by taking no action.

(6)

Where a report is submitted to the deputy chief constable under paragraph (5), the deputy chief constable must make a further assessment under regulation 10.

(7)

If the deputy chief constable assesses that the conduct, if proved, would amount to misconduct or gross misconduct, the investigator must continue to proceed with the investigation that has been commenced.

(8)

If the deputy chief constable makes an assessment other than that the conduct, if proved, would amount to misconduct or gross misconduct—

(a)

the case must be dealt with in accordance with regulation 10,

(b)

the investigation must be promptly concluded, and

(c)

the deputy chief constable must, as soon as practicable, give the constable notice in writing that—

(i)

the notice given to the constable under regulation 11(1) has been withdrawn,

(ii)

no further action will be taken pursuant to that notice, and

(iii)

the investigation has been concluded.”.