Investigation
All matters assessed as gross misconduct matters are investigated. The chief officer will normally determine whether a misconduct matter warrants investigation. The IPCC sets out cases that must be referred to it for a mode of investigation decision; these include all death or serious injury cases and cases involving, serious assault, serious sexual offences, serious corruption, behaviour aggravated by discriminatory behaviour and any relevant offences. (For these purposes, a relevant offence is any offence for which the sentence is fixed by law or for which a person of 18 years and over (not previously convicted) may be sentenced to imprisonment for seven years or more.)
Under existing regulations, once an allegation comes to the attention of the Appropriate Authority whilst an investigation or disciplinary proceedings are being undertaken, an officer is prevented from resigning or retiring from the force, until the matter has been concluded. This provision was introduced in 2014 to prevent officers from leaving the force in order to evade disciplinary outcomes.
At the conclusion of an investigation, the Appropriate Authority must make a decision as to whether there is a "case to answer" in respect of misconduct or gross misconduct and therefore whether to refer the matter to the misconduct proceedings.
Where an investigation has been conducted by the IPCC, they can recommend to the Appropriate Authority whether in their view there is a case to answer. Where the Appropriate Authority disagrees with the IPCC recommendation, it can respond and make further representations, however if the IPCC remains of the view that there is a case to answer for (gross) misconduct, it can direct the force to instigate misconduct proceedings.