TNAG-0833-FCO40-1041-Colonial-Regulations-in-the-Dependent-Territories-1979 — Page 21

police or their own prosecuting staff (where available) or the Director of Public Prosecutions (or Crown Office in Scotland) as appropriate. Prompt action, for instance at a weekend, may for example, be the only way of arresting the offender and

The Director of Public Prosecutions recovering stolen property.

is ready to give informal advice if requested but, under regulation 1b of the Prosecution of Offences Regulations, 1946 (SR & O No 1467/1946) he has a duty to institute criminal proceedings in any case referred to him by a Government department in which he considers it right to do so.

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13. When a possible criminal offence comes to light during the course of the disciplinary procedure described in Code paragraph 5, it may be possible provided the offence is quite separate from the charge which is being investigated, for the disciplinary proceedings to continue. which may be in issue in any resulting criminal proceedings should be held until the investigation into the criminal offence has been completed and any resulting criminal proceedings disposed of. In cases involving criminal conviction, whether in connection with official duty or not, any disciplinary action should be delayed until after all appeals in law have been heard or until the time limit for appeal has expired, unless the department has legal advice that such action is justified in the circumstances of the case. Where an officer's employability is in doubt as the result of a criminal conviction he must be given the opportunity to make representations against the action proposed (see Code 6). When an officer is acquitted of a criminal charge any subsequent disciplinary proceedings should not include the same charge as

Similarly, where a criminal that of which he has been acquitted. prosecution has not been undertaken or has been abandoned because, on legal advice, the evidence was thought to be insufficient the officer must not be cha ged in disciplinary proceedings with a charge that is the same as the offence which had been in view.

But no disciplinary hearing upon grounds

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