(1) Subject to paragraph (4), at any time before the beginning of the misconduct proceedings, the appropriate authority—
(a) if it is no longer satisfied that there is a case to answer in respect of misconduct or gross misconduct, must direct that the case be withdrawn, and
(b) where sub-paragraph (a) does not apply, may direct that the case be withdrawn.
(2) Where a direction is given under paragraph (1)—
(a) the appropriate authority may—
(i) take no further action against the officer concerned;
(ii) refer the matter to the reflective practice review process, or
(iii) refer the matter to be dealt with under the Vetting Regulations or the Performance Regulations, and
(b) the appropriate authority must as soon as practicable give the officer concerned—
(i) written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and
(ii) where the investigation has been completed, on request and subject to the harm test, a copy of the investigator's report or such parts of that report as relate to the officer.
(3) Before referring a matter to the reflective practice review process or to be dealt with under the Vetting Regulations or the Performance Regulations, the appropriate authority must consult the line manager of the officer concerned.
(4) A case to which paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied may only be withdrawn—
(a) on the direction of the Director General, following consultation with the appropriate authority, in a case where the Director General—
(i) made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or
(ii) gave a direction under paragraph 23(5A)(e) or paragraph 27(4)(a) of that Schedule to bring disciplinary proceedings, or
(b) following consultation with the Director General, in all other cases.