Taking remedial action

When remedial action may be recommended

The Authority may recommend that remedial action be taken if, after assessing an investigation report, it finds that the conduct of a police officer was:

against the law or in breach of discipline
unreasonable, unjust, oppressive or improperly discriminatory
based on a mistake of law or fact
based on a misuse of a discretionary power

Recommendations that may be made

After making an assessment, the Authority may recommend to the Commissioner of Police that:

a police officer be charged with an offence or a breach of discipline
a decision be reconsidered, varied or reversed, or reasons should be given as to why a decision was made
the effects of a decision, act or omission be rectified, mitigated or altered
a law, policy or procedure be altered
any other action be taken
no action be taken

Where there is no agreement on an assessment

If the Commissioner and the Authority cannot agree on an assessment or the consequent recommendations, the matter will be referred to the Minister for a decision. The Minister must notify the Authority and the Commissioner of Police of his or her decision. The Authority will then notify the person who made the complaint and the police officer(s) involved [Police (Complaints and Disciplinary Proceedings) Act 1985 s.34].