Office of Public Sector Information

Regulation 26

SCHEDULE 1 COMPLAINTS WHICH ARE ANONYMOUS, REPETITIOUS OR INCAPABLE OF INVESTIGATION

1.—(1) In this Schedule any reference to an injured person other than the complainant shall have effect only in the case of a complaint against a designated person in respect of his conduct towards a person other than the complainant; and, in such a case, any such reference is a reference to that other person.

(2) In this Schedule any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.

2.  For the purposes of regulation 26 a complaint is an anonymous one if, and only if, it discloses (or purports to disclose) neither the name and address of the complainant nor that of any other injured person and it is not reasonably practicable to ascertain such a name and address.

3.—(1) For the purposes of regulation 26 a complaint is a repetitious one if, and only if—

(a) it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);

(b) it contains no fresh allegations which significantly affect the account of the conduct complained of;

(c) no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and

(d) such action as is referred to in sub-paragraph (2) has been taken, as respects the previous complaint.

(2) The condition in sub-paragraph (1)(d) shall be satisfied if, as respects the previous complaint—

(a) the requirements of—

(i) section 58 of the 1998 Act, and

(ii) section 59 of that Act or (as the case may be) regulation 27,

were complied with; or

(b) the complainant gave such a notification as is mentioned in regulation 24(1); or

(c) the Ombudsman, under regulation 26, dispensed with the requirements mentioned in paragraph (1) of that regulation.

4.—(1) For the purposes of regulation 26 it shall not be reasonably practicable to complete the investigation of a complaint if, and only if, in the opinion of the Ombudsman—

(a) it is not reasonably practicable to communicate with the complainant or, as the case may be, the person who submitted the complaint, or any other injured person, notwithstanding that the complaint is not an anonymous one within the meaning of paragraph 2, or

(b) it is not reasonably practicable to complete a satisfactory investigation in consequence of—

(i) a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation, or

(ii) a refusal or failure, on the part of an injured person other than the complainant, to support the complaint, evidenced either by a statement in writing (signed by him or by his solicitor or other authorised agent on his behalf) to the effect that he does not support it or by a refusal or failure, on his part, such as is mentioned in sub-paragraph (i) above, or

(c) the lapse of time since the event or events forming the subject matter of the complaint.

Regulation 37

SCHEDULE 2 CAUTIONS

1.  You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in any subsequent misconduct proceedings, it may harm your defence. You may, if you so desire, make a written or oral statement to the officer appointed to investigate your case or to the Chief Constable. Anything you mention when questioned or any written or oral statement you make may be given in evidence at such misconduct proceedings.

2.  On [date] at [time] at [place] there was—

(a) on your person,

(b) in or on your clothing/footwear,

(c) in your possession, or

(d) in the place where you were at that time,

a [state the object/substance/mark].

I believe the presence of this [state the object/substance/mark] may be due to your having breached the code of ethics applying to persons designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003.

You do not have to say anything about [state the object/substance/mark], but I must caution you that if you fail or refuse to account for [state the object/substance/mark] then your failure or refusal may be treated in any subsequent misconduct proceedings as supporting any relevant evidence against you. If you do say anything it may be given in evidence at such misconduct proceedings.

I now ask you to account for [state the object/substance/mark]. Have you anything you wish to say?

3.  You were found on [day and date] at [place] at [time] which is at or about the time the code of ethics applying to persons designated under section 30, 30A or 31 of the Police (Northern Ireland) Act 2003 is alleged to have been breached.

I believe your presence at [place] at that time may be due to your involvement in this breach of the code of ethics.

You do not have to say anything about your presence at [place] on [day and date] at [time] but I must caution you that if you fail or refuse to account for your presence at [place] then your failure or refusal may be treated in any subsequent misconduct proceedings as supporting any relevant evidence against you. If you do say anything it may be given in evidence at such misconduct proceedings.

I now ask you to account for your presence on [day and date] at [place] at or about [time]. Have you anything you wish to say?

Regulations 39 and 40

SCHEDULE 3 SPECIAL CASES

PART 1 Conditions

1.—(1) The conditions referred to in regulations 39 and 40 are—

(a) the report, complaint or allegation indicates that the conduct of the designated person concerned is of a serious nature and that an imprisonable offence may have been committed by the designated person concerned; and

(b) the conduct is such that, were the case to be referred to a hearing under regulation 38 and the members of the panel conducting that hearing were to find that the conduct failed to meet the appropriate standard, they would in the opinion of the appropriate officer be likely to recommend the dismissal of the designated person concerned from his post in the police support staff; and

(c) the report, complaint or allegation is supported by written statements, documents or other material which is, in the opinion of the appropriate officer, sufficient without further evidence to establish on the balance of probabilities that the conduct of the designated person concerned did not meet the appropriate standard; and

(d) the appropriate officer is of the opinion that it is in the public interest for the designated person concerned to cease to be a member of the police support staff without delay.

(2) In this paragraph an “imprisonable offence” means an offence which is punishable with imprisonment in the case of a person aged 21 or over.