You have been served with a notice under Regulation 9 of the POLICE (CONDUCT) REGULATIONS, 1999. This does not necessarily mean that formal proceedings will ensue.

This notice, which is statutory, gives you the outline of the allegation(s) or complaint made against you. It provides you with an opportunity to reply, either verbally or in writing, at an early stage. It also affords you an early opportunity to reflect on the incident which may give rise to the allegation(s)/complaint and to identify any evidence or witnesses which may assist you in responding to the allegation and which you require the investigating officer to preserve/obtain or interview on your behalf. Should other items of complaint be discovered during the investigation, that were not generally covered in the original Regulation 9 Notice, these will be brought to your attention by service of an additional notice.

The normal sequence of an investigation is that the investigating officer will interview and take statements from all available witnesses and gather any other material evidence.

Subject to circumstances, the investigating officer may interview you before all witnesses have been seen, or later. If you are interviewed, the interview will be conducted under the provisions of the relevant legislation, e.g. for criminal allegations The Police and Criminal Evidence Act. If the allegations involve a criminal matter then you will be provided with the opportunity for a legal representative to be present. In other cases you may choose to have a ‘friend’ present. These interviews will normally be tape-recorded, the allegation(s) and any supporting evidence will be put to you and your response noted. In some cases you may be requested to supply a written statement under caution. You should ensure that your responses are detailed and cover all aspects of the allegation(s) e.g. it is not sufficient just to say ‘the complainant was aggressive and had to be restrained’, you need to describe the aggression and the restraint. If doubt or ambiguity still exist the investigating officer may choose to interview you.

Where an allegation/complaint arises out of an accident, which may result in criminal proceedings against the complainant then the matter may be deemed subjudice. This means that, save in exceptional circumstances, no investigation will take place until these proceedings have been finalised. In most cases this will also include Appeals.

At the conclusion of the investigation the investigating officer will complete a file which includes a summary report and all associated evidence, statements and documents. In cases involving a criminal allegation a copy of these will be forwarded to the Crown Prosecution Service (CPS) at either Blackpool, Burnley, Preston or York, for advice.

When a decision has been made regarding the criminal aspects of the allegation/complaint, any misconduct aspects will then be considered. In all cases involving a full investigation, irrespective of whether or not a file has been sent to the CPS, that arise from a complaint by a member of the public, the file must, by law, be sent to the Independent Police Complaints Commission (IPCC). Informal resolutions and withdrawals are not full investigations and are therefore not sent. You will be notified of the outcome as soon, as is practicable.

The time-scale of a complaint or internal misconduct investigation does vary according to the complexity of the case. Most investigations are completed in a comparatively short period of time, but there are often factors, which can delay the process. The Department is sensitive to the concerns that can arise from such allegations and has systems in place to minimise the delay in investigation and receipt of the files from the CPS and IPCC. The investigating officer will endeavour to keep you informed as to the progress of the investigation. If, however, you have not heard anything for a considerable time, or you have any concerns, then you are welcome either personally or via your Federation representative, to contact the investigating officer on the telephone extension below.

Finally, it is fully recognised that an allegation(s)/complaint(s) can be stressful to both you and to your family. You are reminded that the Force Welfare Department is available for confidential advice and assistance, as, of course, is your Area/Department Federation representative. (In case of difficulty you can contact the Federation office at Green Lane).