Regulation 11 Procedures on receipt of investigating officer’s reportI1
Northern Ireland
Subject to paragraphs (2) and (3), on receipt of the investigating officer’s report the supervising member may refer the case to a hearing.
Where—
the Chief Constable has a duty to proceed under section 59(5) or (6) of the Act of 1998; or
the member concerned has received two written warnings about his conduct within the previous twelve months, and has in a statement made under regulation 9, admitted that his conduct failed to meet the appropriate standard,
the supervising member shall refer the case to a hearing.
Where the supervising member or Ombudsman, on receipt of a report submitted by the investigating officer under paragraph (2) of regulation 10, is of the opinion the case is one in respect of which the conditions specified in Part I of Schedule 3 are likely to be satisfied, he shall refer the case to the appropriate officer, who shall—
if the conditions specified in Part I of Schedule 3 are not satisfied, return the case to the supervising member or Ombudsman as appropriate;
if the conditions specified in Part I of Schedule 3 are satisfied—
certify the case as a special case and refer it to a hearing, or
if the circumstances are such as, in his opinion, make such certification inappropriate, return the case to the supervising member or Ombudsman as appropriate.
Where a case is not referred to a hearing no reference to it shall be made on the member’s concerned personal record.
Proceedings at or in connection with a hearing to which a case is referred under this regulation shall, for the purposes of section 50 of the Act of 1998 be disciplinary proceedings.
Annotations
Commencement
- I1
Reg. 11 in operation at 6.11.2000, see reg. 1