Regulation 13 Notification of complainant where there is no case to answer

After regulation 14 (referral to misconduct proceedings), insert—

“Notification of complainant where there is no case to answer

14A.

(1)

This regulation applies where, under regulation 14(5), the deputy chief constable determines that a constable has no case to answer in respect of misconduct or gross misconduct.

(2)

Where this regulation applies and the misconduct allegation arose from a complaint made by a member of the public, a constable, a member of the Authority’s staff or a member of police staff, the deputy chief constable must notify the person who made the complaint in writing, as soon as reasonably practicable, of—

(a)

the determination that there was no case to answer in respect of misconduct or gross misconduct,

(b)

whether—

(i)

no further action is to be taken,

(ii)

improvement action is to be taken, or

(iii)

the matter has been referred to be dealt with under the Performance Regulations, and

(c)

the reasons for the determination.

(3)

The deputy chief constable may withhold or limit the notification under paragraph (2) insofar as the deputy chief constable considers that preventing the disclosure of information is—

(a)

necessary to avoid prejudicing current or future criminal proceedings,

(b)

necessary for the purpose of the prevention or detection of crime or the apprehension or prosecution of offenders,

(c)

necessary for the prevention or detection of misconduct by other constables or police staff,

(d)

necessary and proportionate for the protection of the welfare and safety of any informant, witness or other person,

(e)

necessary and proportionate to prevent the disclosure of personal data or sensitive information relating to the constable or any other person which is not required to enable the member of the public to understand the determination and the reasons for it, or

(f)

otherwise in the public interest.

(4)

Where notification is withheld or limited in reliance on paragraph (3), the deputy chief constable must record reasons for that decision.”.