Page:Police and Criminal Evidence Act 1984.pdf/88

82c. 60

circumstances which make it undesirable to wait for the submission of the appropriate statement.

90.—(1) It shall be the duty of the appropriate authority, on receiving—
 * (a) a report concerning the conduct of a senior officer which is submitted to them under section 86(6) above; or
 * (b) a copy of a report concerning the conduct of a senior officer which is sent to them under section 89(6) above,

to send a copy of the report to the Director of Public Prosecutions unless the report satisfies them that no criminal offence has been committed.

(2) Nothing in the following provisions of this section or in sections 91 to 94 below has effect in relation to senior officers.

(3) On receiving—
 * (a) a report concerning the conduct of an officer who is not a senior officer which is submitted to him under section 85(9) above; or
 * (b) a copy of a report concerning the conduct of such an officer which is sent to him under section 89(6) above it shall be the duty of a chief officer of police—
 * (i) to determine whether the report indicates that a criminal offence may have been committed by a member of the police force for his area; and
 * (ii) if he determines that it does, to consider whether the offence indicated is such that the officer ought to be charged with it.

(4) If the chief officer—
 * (a) determines that the report does indicate that a criminal offence may have been committed by a member of the police force for his area; and
 * (b) considers that the offence indicated is such that the officer ought to be charged with it,

he shall send a copy of the report to the Director of Public Prosecutions.

(5) Subject to section 91(1) below, after the Director has dealt with the question of criminal proceedings, the chief officer shall send the Authority a memorandum, signed by him and stating whether he has preferred disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not doing so.