Investigation 4.1.5.4

Question 1

Purpose

Answer 1

Gather evidence the facts and circumstances
Establish balance of probabilities if there is a case to answer
Identify learning opportunities for individual or organisation

Question 2

Time frames

Answer 2

In cases not being managed or dealt with by IOPC

AA to ensure proportional and balanced investigation
Inform office at least every 4 weeks
Duty to consider all submissions

Question 3

Interviews during investigation 4.1.5.5

Answer 3

Not always necessary
If required officer must attend: failure possible further misconduct
If unable, or pf not available alternate date 5wd filing day after date suggested int MUST be postponed to that time
If ‘sick’ leave inv to determine if still capable for interview - alternative can have Q’s submitted in writing
If criminal offence - needs to follow PACE - officer needs to be aware at start if interview is for criminal or misconduct - criminal interview can be used in misconduct (note reverse may not be true)
Officer needs to be provided enough info prior to enable sufficient preparation (only ‘good’ reason to withhold)
No requirement to electronic recordings, but if one made, copy to be made available.
If no recording, summary made available for officer to review and sign (failure to sign to be noted)
Other than for joint criminal/misconduct investigation, no need for formal mg11

Question 4

Report & supporting docs 4.1.5.6

Answer 4

Accurate summary as soon as practicable - includes recommendation if case to answer misconduct/gross misconduct or no case

AA to make decision - if no case, MA may still be appropriate

Complaint AA decision appealed to IOPC

Under managed or independent investigation then IOPC can make recommendations or directions

If no case, officer can receive copy of relevant investigation, subject to harm test