CCPR/C/58/Add.6 page 20
90. When the investigating officer has completed the investigation, he will submit a report to the chief officer. If the investigation has been supervised by the Police Complaints Authority, he will instead submit the report to the Authority and send a copy to the chief officer. At the end of an investigation which it has supervised, the Authority must issue a statement showing whether it is satisfied with the conduct of the investigation, and specifying any respect in which it is not.
91.
Under section 90 (4) of the 1984 Act, if a chief officer determines that an investigation report submitted to him indicates that a criminal offence may have been committed by a member of his force, and if he considers that the offence indicated is such that the officer ought to be charged with it, then he is required to send a copy of the report to the Director of Public Prosecutions, so that consideration may be given to the question whether a criminal charge should be brought.
92.
Where
After any criminal aspects have been considered, the chief officer is required to submit the case to the Police Complaints Authority (together with a copy of the investigation report, where the Authority has not supervised the investigation), setting out his opinion on the question whether any disciplinary charges should be preferred against the officer concerned. the Police Complaints Authority considers that a disciplinary charge should be brought against the officer, it will recommend to the chief officer the charge which it considers should be preferred, giving reasons for its recommendation. Where the chief officer disagrees with the Authority's recommendation to prefer a disciplinary charge, he may enter into discussions with it but, in the last resort, if mutual agreement cannot be reached, the Authority has the power to direct the chief officer to bring specified disciplinary charges.
93.
The following table shows the number of cases referred to the Police Complaints Authority (PCA) in 1987 and 1988 and the action taken. (Figures for earlier years are not available in this form, and it should be noted that the figures do not tally horizontally, as one case may feature under more than one category.)
Outcome
Year
No. of completed
Criminal charges
cases
Disciplinary charges Total (PCA recommenda- tions in brackets)
Advice, etc.
No action
1987
5 596
46
101 (15)
657
4 821
1988
5 548
50
111 (17)
655
4 296
Police disciplinary procedures - Scotland
94.
In Scotland, the police discipline code is set out in schedule 1 to the Police (Discipline) (Scotland) Regulations 1967 (as amended). The procedures provide that, when a report, complaint or allegation is received from which it may reasonably be inferred that a constable may have committed a disciplinary offence, the deputy chief constable, in cases where the constable is of the
No comments yet.
Private notes are available after approval.