ABSTRACT
If the complaint is not investigated under the supervision of the PCA, the investigating officer will work independently and compile a report at the end of the investigation to the appropriate authority. Under s 73 of the 1996 Act, where the PCA are involved, the investigating officer has a duty to submit a report to them on completion of the investigation and to send a copy to the appropriate authority. The PCA will then consider the report before them and submit an ‘appropriate statement’ to the appropriate authority, and also send a copy of this statement to the officer complained of and to the complainant, or his or her representative, where it is practicable to do so. The ‘appropriate statement’ by the PCA will include whether the investigation was conducted to the PCA’s satisfaction, specifying any aspect of it which was not and any other matters which regulations made by the Home Secretary may provide for. A separate statement may be issued regarding any criminal or disciplinary aspects of the investigation, but no disciplinary proceedings may be brought until the appropriate statement is submitted to the appropriate authority and, likewise, no criminal proceedings may be brought by the appropriate authority or the Director of Public Prosecutions (DPP) until this statement has been submitted. The only exception regarding the latter is where it appears to the DPP that there are exceptional circumstances which would make it undesirable to wait for the submission of the statement.
