105 Commission may request review of decision on action to be taken on misconduct matter
105 Commission may request review of decision on action to be taken on misconduct matter
(1) If the Commission is not satisfied with the Commissioner of Police’s decision concerning any action to be taken as a result of a police investigation (including a decision to take disciplinary action or to take no further action), the Commission may request the Commissioner of Police to review the decision.
(2) If the Commission is not satisfied with the Crime Commissioner’s decision concerning any action to be taken as a result of a Crime Commission investigation (including a decision to take disciplinary action or to take no further action), the Commission may request the Crime Commissioner to review the decision.
(3) If the Commission makes such a request, the Commissioner of Police or Crime Commissioner—
(a) may, but is not obliged to, change the decision, and
(b) must notify the Commission whether the decision is to be changed and if not, the reasons the decision is not to be changed.
Note.
The Commission may make a report in relation to the matter—see sections 134 (Commission may report on Commissioner of Police’s or Crime Commissioner’s decision on Commission’s request) and 138 (Special reports of Commission).
s 105: Am 2021 No 14, Sch 1[10].