(18)Where the Director General has made a decision under regulation 24(1) to present a case, paragraph (7) must be read as if for The person representing the appropriate authority there were substituted The Director General. a statement of the investigators opinion as to whether the matter should be referred to be dealt with under the Performance Regulations or the reflective practice review process. (a)necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings; (b)necessary in the interests of national security; (c)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (d)necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters; (e)justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; (f)necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. (5)When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. whether it appears that the alleged gross misconduct has had an effect on relations between the public and the police, including relations between the members of the community where the alleged gross misconduct occurred and the police force concerned; the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and, When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are, whether it appears that the officer concerned should be prevented from future employment or appointment by a person mentioned in section 88C(5) of the 1996 Act (effect of inclusion in police barred list: persons who may not employ or otherwise appoint a barred person). fall before the end of 5 working days beginning with the first working day after the day specified by the person conducting or chairing the misconduct meeting. The definition of misconduct (regulation 2(1)) has been changed since the 2012 Regulations. 34. failed to mention, any fact relied on in the officers case at the accelerated misconduct hearing, being a fact which in the circumstances existing at the time, the officer could reasonably have been expected to mention when so questioned or when providing such information, paragraph (13) applies. any other police officer at the relevant time, the chief officer of police of the police force concerned; in the definition of gross misconduct, for as to justify dismissal there were substituted that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; , other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), were omitted; for so serious as to justify disciplinary action there were substituted not so serious that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; in the definition of misconduct hearing, after disciplinary action, there were inserted for gross misconduct; for the definition of misconduct proceedings, there were substituted, for the definition of police force concerned, there were substituted. (c)provide the Director General with a copy of the written notice given under paragraph (1). (3)Where the officer concerned is a senior officer, the accelerated misconduct hearing must be conducted by a panel of persons specified in paragraph (4), appointed by the local policing body. There is no best hotel booking site. This is important because, as part of the disciplinary procedure, a written warning is more of a confirmation of meeting rather than a "notice to appear.". consult each of the officers concerned as regards the timing of the misconduct meeting, and. any arguments on points of law they wish to be considered by the person or persons conducting the accelerated misconduct hearing; a copy of any document they intend to rely on at the accelerated misconduct hearing. where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (5)At the beginning of the misconduct proceedings, the person conducting or chairing the misconduct proceedings must give the officer concerned the opportunity to say whether or not the officer accepts that the officers conduct amounts to misconduct or gross misconduct, as the case may be. (b)under regulation 23 a case is referred to a misconduct hearing. 15.(1)This regulation applies where the matter is to be investigated in accordance with regulation 14. if the officer concerned is present at the accelerated misconduct hearing or is participating in it by video link or other means in accordance with regulation 57(2), confer with the officer. (ii)for paragraph (2)(a) to (d), there were substituted paragraph (2)(a) to (c); (d)paragraphs (4), (6), (8) and (10) were omitted; (e)in paragraph (5), for the words from assess to the end, there were substituted take no disciplinary action for gross misconduct against the officer concerned.; (i)for completed the assessment under paragraph (5), there were substituted determined there is no case to answer or that no misconduct proceedings will be brought; (ii)in subparagraph (a), for the outcome of its assessment, there were substituted its determination; (i)in sub-paragraph (a), the words from of a form to the end were omitted; (ii)in sub-paragraph (b), of the form specified in the recommendation were omitted; (iii)in sub-paragraph (c), of a form specified in a recommendation were omitted; (iv)in the words after sub-paragraph (c), of the form specified were omitted. 22. (14)The person determining the appeal must determine whether the notice of appeal sets out arguable grounds of appeal and if they decide that it does not, they must dismiss the appeal. (2)Subject to regulation 66(1), the police friend may. The Code of Ethics (A Code of Practice for the Principles and Standards of Professional Behaviour for the Policing Profession of England and Wales), July 2014. (13)Where this paragraph applies, the person conducting or chairing the accelerated misconduct hearing may draw such inferences from the failure as appear proper. (b)orally, in which case the appropriate authority must confirm the suspension in writing with a summary of the reasons before the end of 3 working days beginning with the first working day after the suspension. (a)having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; (b)where the officer had a final written warning in force at the date of the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations (special procedure: severity assessment), those proceedings must be a misconduct hearing; (c)where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(45) or these Regulations less than 2 years prior to the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations, those proceedings must be a misconduct hearing, and. (3)Where no date and time is agreed under paragraph (1), the investigator must specify a date and time for the interview. Your local police force - online. (7)The person representing the appropriate authority may, (a)address the hearing in order to do any or all of the following, (iii)respond on behalf of the authority to any view expressed at the accelerated misconduct hearing, and, (8)The person representing the officer concerned may, (iii)respond on behalf of the officer to any view expressed at the accelerated misconduct hearing, and. where the officer is a member of a police force, a person nominated by the officers staff association. Within three days from receipt of the citation, the police chief or a designated officer of at least sergeant grade would decide whether to proceed by way of a written warning, a court complaint, (3) reference to the Registry of Motor Vehicles, or voiding the citation. (12)Reduction in rank may only be imposed under this regulation where the persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority or, as the case may be, the originating authority, including in relation to the likely operational impact. the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. (a)the documents given to the person who held the misconduct meeting as specified in regulation 32(6); (b)the notice of appeal given by the officer concerned under regulation 45(3); (c)the record of the misconduct meeting taken under regulation 44(1), and. (8)The appropriate authority must notify the officer concerned in writing whether it upholds or rejects an objection to the person appointed to determine the appeal or to any person appointed under regulation 8(6) to advise the person determining the appeal. 15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. Section 87(5) of the 1996 Act provides that for the purposes of section 87 disciplinary proceedings in relation to a member (or former member) of a police force or a special constable (or former special constable) means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations. a member of a police force of the rank of sergeant or above; a senior human resources professional, or. (2)In regulation 3(1) (retirement), omit : Provided that a special constable may not, without the consent of the chief constable, give notice for the purposes of this Regulation, or retire in pursuance of a notice previously given, while suspended under these Regulations. stating the grounds of appeal and whether a meeting is requested. an allegation against a police officer which comes to the attention of a local policing body or a chief officer of police on or after 1st February 2020 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with, any of the Regulations and provisions in paragraph (1), or, an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (P) may amount to gross misconduct(, P ceased to be a police officer before the allegation first came to the attention of a relevant body, and. (3)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. (a)the date on which the allegation came to the attention of the appropriate authority; (b)the date on which notice was given under regulation 17(1); (i)the investigation will be concluded, and. Calling emergency 111 Call triple one when you need an emergency response from Police, Fire or Ambulance. 20A.(1)Where the investigator is satisfied that, having regard to the circumstances of the officer concerned, it would be unreasonable to require the officer to attend an interview, the investigator may cause the officer concerned to be given a written notice of enquiry. (i)the contents of the written notice to be given under paragraph (1)(a) to the extent to which they relate to the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as the case may be; (ii)the application of the harm test under paragraph (1)(c), and. (13)The chair must determine whether it would be in the interests of justice for the application to be granted, provided that the date fixed for the commencement of the hearing must be within the period specified in regulation 29(2), or such extended period as the chair may specify under regulation 29(6)(a). (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by appropriate authority on its own behalf) applied andthe Director General. (i)after 18(1) there were inserted , 20A(2); (ii)for of the Complaints and Misconduct Regulations there were substituted or 21A(2) of the Complaints and Misconduct Regulations, as modified by regulation 42 of, and Schedule 2 to, those Regulations; (g)in paragraphs (14) and (16), person or were omitted; (h)for paragraph (15) there were substituted. This site is a beta, which means it's a . They operate alongside the Police (Complaints and Misconduct) Regulations 2020 (S.I. (7)Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had a written warning in force, a written warning must not be given. 73.(1)The Police Barred List and Police Advisory List Regulations 2017(60) are amended as follows. Most warnings are removed from police department computers after about a year. (7)For the purpose of section 84(4) of the 1996 Act (power to prescribe the panel for the purpose of representation at proceedings), the panel of persons or the person specified by this regulation to conduct misconduct proceedings is prescribed as the panel. any arguments on points of law they wish to be considered by the person or persons conducting the misconduct proceedings. (a)state that the Director General is to make a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of such a determination; (i)if disciplinary proceedings are taken and the allegation of gross misconduct is proved, the officer concerned may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of a police force or a special constable, and. The officer that stops you will know you've been issued the written warning recently during a prior traffic . The decision contained in a written warning could be immediate dismissal, unfair deadline even suspension without pay during the period and other severe punishment. subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (b) of that paragraph, give the officer concerned the written terms of reference of the investigation, or. (2)Before the end of 3 working days beginning with the first working day after the determination of the appeal, the appropriate authority must give the officer concerned written notice of that determination with a summary of the reasons. (16)The person or persons conducting the misconduct proceedings must not find that the conduct of the officer concerned amounts to misconduct or gross misconduct unless, (a)they are satisfied on the balance of probabilities that this is the case, or. (a)there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes gross misconduct, and. The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 50(1), (2)(e) and (f), (2A), (3), (3A) to (3G), (4) and (7), 51(1), (2)(b), (2)(ba) and (c), (2A) to (2H), (3A) and (4), 84(1) to (6), 88A(2)(b) and 88G(1)(b) of the Police Act 1996(1), section 36(1(a) and (b) of, and paragraph 29 of Schedule 3 to, the Police Reform Act 2002(2) and section 29(7) of the Policing and Crime Act 2017(3). the finding of the person or persons conducting the misconduct proceedings; any direction that the matter be dealt with under the reflective practice review process. (2)Where the officer concerned is a senior officer and the case is referred to misconduct proceedings, those misconduct proceedings must be conducted by a panel of three persons appointed in accordance with paragraphs (4) and (5). (8)The officer concerned must attend the interview. a police officer or police staff member of the police force concerned, or. (5)Where the appropriate authority determines, (a)that the special conditions are not satisfied, or. the appropriate authority has made reasonable enquiries in order to determine the last known address of the officer but it has been unsuccessful. No changes have been applied to the text. paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the chair to give written notice of the effects of paragraphs (8) and (9). (2)For the purposes of this regulation, each of the following is a relevant period. Section 50(2A) was inserted by section 82(12) of the Police Reform and Social Responsibility Act 2011 (c. 13) (the 2011 Act); section 50(3) was substituted by paragraphs 1 and 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) (the 2008 Act); sections 50(3A) to (3G) and 51(2B) to (2H) were inserted by section 29(1) to (3) of the Policing and Crime Act 2017 (c. 3) (the 2017 Act) (the powers in sections 50(3A) and 51(2B) are limited by section 29(7) of the 2017 Act) and amended by paragraph 65(2) of Schedule 9 to the 2017 Act; section 50(4) was amended by paragraphs 1 and 3 of Schedule 22 to the 2008 Act and by paragraphs 1 and 32 of Schedule 16 to the 2011 Act; section 51(2)(ba) was inserted by section 35 of the Police Reform Act 2002 (c. 30) (the 2002 Act) and amended by paragraphs 1 and 4(2) of Schedule 22 to the 2008 Act; section 51(2A) was inserted by paragraphs 1 and 4 of Schedule 22 to the 2008 Act; section 51(3A) was inserted by section 128(1) of the Police Act 1997 (c. 50) and amended by paragraphs 1 and 33 of Schedule 16 to the 2011 Act; section 84 was substituted by paragraphs 1 and 7 of Schedule 22 to the 2008 Act and amended by paragraphs 1 and 40 of Schedule 16 to the 2011 Act and section 29(1) and (4) of, and paragraph 65(3) of Schedule 9 to, the 2017 Act. These Regulations deal with internal conduct matters brought to the attention of the police otherwise than under Schedule 3 to the Police Reform Act 2002 (2002 c. 30) (the 2002 Act). (a)the officer complies with regulation 31(2) and (3); (b)the expiry of the 15 working day period referred to in regulation 31(1)(a), if the officer has not complied with regulation 31(2) and (3) within that period, or. (9)Subject to paragraph (10)(b) and (11), the misconduct hearing must take place before the end of 30 working days beginning with the date of the misconduct pre-hearing. unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned. This is likely to happen if you have no previous traffic violations and the violation was not severe. (a)consult the Director General about the contents of the written notice to be given under paragraph (1) and on the application of the harm test under paragraph (1)(c); (b)comply with any direction given by the Director General in relation to the matters specified in paragraph (a), and. regulation 1 in so far as it applies to the 2012 Regulations; regulation 2(1) and (3) (transitional provision); Part 2 (amendment of the 2012 Regulations); Schedule 1 (modifications to the 2012 Regulations). (b)a period of 2 years beginning with the day on which it was notified to the officer concerned, in the case of a final written warning. 69.(1)The reviewer must, following completion of the fact-finding stage, invite the participating officer to attend a reflective practice review discussion. (b)fall before the end of 5 working days beginning with the first working day after the day specified by the chair. Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. (9)The person determining the appeal must determine the procedure at the appeal meeting and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (ii)in sub-paragraph (c), the words from the beginning to 28(4), were omitted; (c)in paragraphs (4) and (7), conducting or were omitted. (a)in relation to the attendance at the proceedings of a person under regulation 40 or this regulation, exclude any person as they see fit from the whole or a part of those proceedings; (b)impose such conditions as they see fit relating to the attendance under regulation 40 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings, and. (b)the complainant and any interested person, in any case to which regulation 40 applies. Welcome. in paragraph (3)(d)(ii), for (e) there were substituted (f). (6)A person nominated by the Director General may, as an observer, attend a misconduct meeting which arises from a case to which, (a)paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, or, (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied and in relation to which the Director General. having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; where the officer had a final written warning in force at the date of the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations (special procedure: severity assessment), those proceedings must be a misconduct hearing; where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(. (14)Where the question of disciplinary action is being considered, the person or persons considering it. before the end of 7 working days beginning with the first working day after the report is given to the officer under regulation 43 (unless this period is extended by the appropriate authority for exceptional circumstances), and. Paragraph (4) applies where disciplinary action for gross misconduct is imposed. (2)As soon as practicable after any person has been appointed under regulation 8(6) to advise the person conducting or chairing the misconduct proceedings, the appropriate authority must give the officer concerned written notice of the name of that person and of the effect of paragraphs (3) to (6) of this regulation. Section 29(7)(b) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the Policing and Crime Act 2017, may, in respect of a person who ceased to be a police officer after section 29(2) and (3) of the 2017 Act came into force but whose alleged misconduct, inefficiency or ineffectiveness took place before that date, only make provision if the alleged misconduct, inefficiency or ineffectiveness is such that if proved there could be a finding in disciplinary proceedings that the person would have been dismissed had they still been a police officer. where the investigation has been completed, on request and subject to the harm test, a copy of the investigators report or such parts of that report as relate to the officer. (b)fall before the end of 5 working days beginning with the first working day after the day specified by the person conducting or chairing the misconduct meeting. (d)where the misconduct meeting arose from the investigation of a conduct matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc. Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (13) applies. at the beginning, there were inserted Subject to paragraph (6A),; misconduct or and or neither were omitted; in paragraph (2), for the words from amount, in the first place that word occurs, to the end, there were substituted not amount to gross misconduct, it must take no further action.; for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; after paragraph (6), there were inserted, The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or. (a)unless they have an appropriate level of knowledge, skills and experience to plan and manage the investigation; (c)if they work, directly or indirectly, under the management of the officer concerned, or, (d)in a case where the officer concerned is a senior officer, if they are. 9. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (c)in the case of a chair appointed under regulation 28(4), give such directions as they think appropriate prohibiting the publication of any matter relating to the proceedings. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. give notice to the other that they do not propose any witnesses.