RETRO (or one of our resident legal experts) may be able to help me on this.
In a BBC piece,
https://www.bbc.co.uk/news/amp/uk-46891002 (about whether there is a case to answer in alleged misconduct cases) it says,
'The legal test, known as the 'case to answer' test, is whether a disciplinary panel could, on the basis of the evidence available, make a finding of misconduct or gross misconduct.
It is a lower threshold than the 'balance of probabilities' test applied by a disciplinary panel and lower than the 'realistic prospect of conviction' test used by the Crown Prosecution Service to determine whether to bring criminal proceedings.
The 'case to answer' test is enshrined in legislation and the IOPC said it would be "unlawful" for them to ignore or raise the threshold upheld by the High Court.
"We know the case to answer test is low but it has been repeatedly tested through judicial reviews and found to be appropriate," a spokeswoman said.
The Home Office said it was "inevitable" there'd be a 'case to answer' against some officers who were later cleared of misconduct but added that it was implementing reforms to ensure a "consistent" approach to the way the test was applied.''
However, the official guidance says,
"11.31 The investigator should indicate that in their opinion there is a case to answer where there is sufficient evidence, upon which a reasonable misconduct meeting or hearing could, on the balance of probabilities make a finding of misconduct or gross misconduct."
Now, I may be missing the nuances here but that appears to contradict the IOPC spokeswoman.