Page:Police and Criminal Evidence Act 1984.pdf/90

84c. 60

91.—(1) No memorandum need be sent to the Authority under section 90 above if disciplinary charges have been preferred in respect of the conduct which was the subject of the investigation and the accused has admitted the charges and has not withdrawn his admission.

(2) In any such case the chief officer shall send to the Authority, after the conclusion of the disciplinary proceedings (including any appeal to the Secretary of State), particulars of the disciplinary charges preferred and of any punishment imposed.

(3) If—
 * (a) the charges related to conduct which was the subject of a complaint; and
 * (b) the investigation of the complaint was not supervised by the Authority,

the chief officer shall also send the Authority-
 * (i) a copy of the complaint or of the record of the complaint; and
 * (ii) a copy of the report of the investigation.

92.—(1) When a chief officer of police has performed all duties imposed on him by sections 90 and 91 above in relation to the report of an investigation concerning the conduct of an officer who is not a senior officer, it shall be the duty of the Authority—
 * (a) to determine whether the report indicates that a criminal offence may have been committed by that officer; and
 * (b) if so, to consider whether the offence is such that the officer ought to be charged with it.

(2) If the Authority consider that the officer ought to be charged, it shall be their duty to direct the chief officer to send the Director of Public Prosecutions a copy of the report.

(3) When the Authority give a direction under subsection (2) above, they may also direct the chief officer to send the Director the information contained in the memorandum under section 90 above.

(4) If the investigation was an investigation of a complaint, the Authority shall direct the chief officer to send the Director a copy of the complaint or of the record of the complaint.

(5) It shall be the duty of a chief officer to comply with any direction under this section.

(6) Sections 90 and 91 above shall apply where a copy of a report is sent to the Director under this section as they apply where a copy is sent to him under section 90(4) above.