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(aa)in paragraph (ii), misconduct or and , as the case may be were omitted; (bb)in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; (cc)in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; (dd)after paragraph (vii), and were omitted; (ee)after paragraph (viii), there were inserted, (ix)the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. (a)the Police (Conduct) Regulations 2012(28) (the 2012 Regulations); (b)the Police (Conduct) (Amendment) Regulations 2014(29); (c)the Police (Conduct) (Amendment) Regulations 2015(30); (d)the following provisions of the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017(31). Paragraph 24(6) was substituted by paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 1 and 14(1) and (3) of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraph 47(h)(xiii) of Schedule 5 to the Policing and Crime Act 2017. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (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. (a)the seriousness of the alleged gross misconduct; (b)the impact of the allegation on public confidence in the police, and, (3)When assessing the seriousness of the alleged gross misconduct for the purposes of paragraph (2)(a), the matters which the Director General must take into account are. in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (4)Where a date and time is specified under paragraph (3) and, (a)the officer concerned or the officers police friend will not be available, and. Section 88C was inserted by Schedule 8 to the Policing and Crime Act 2017 and subsection (5) of that section was amended by paragraph 65(1) and (3)(b) of Schedule 9 to that Act. in paragraph (1)(a), for is there were substituted was at the relevant time; in paragraph (3)(b), in the definition of originating authority, for is there were substituted was at the relevant time. (6)The officer concerned may object to any person whom the officer is notified under this regulation is to. (10A)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 (14) applies.. the documents given to the officer under regulation 30(1); the documents provided by the officer under, where paragraph (7) applies, regulation 54, and, does not accept that the conduct amounts to misconduct or gross misconduct, as the case may be, or, a list of the documents supplied under paragraph (6), and. 38.(1)Subject to paragraph (6), in any case where, (a)paragraph 18 or 19 of Schedule 3 to the2002 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 andthe Director General. (10A)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.; (i)after regulation 18(1) there were inserted , 20A(2); (ii)after regulation 20 there were inserted or 21A(2); (iii)after Regulations, there were inserted (as modified by regulation 42 of and Schedule 2 to those Regulations). 43.(1)The person conducting or chairing the misconduct proceedings must, before the end of a period of 5 working days beginning with the first working day after the completion of the misconduct hearing or misconduct meeting, submit a report to the appropriate authority or, where functions have been delegated under regulation 26(1), to the originating authority setting out. 66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. (b)where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate. (6)Before the end of 10 working days beginning with the first working day after the date on which the officer concerned has complied with regulation 31(2), the appropriate authority or, as the case may be, the originating authority must supply to the person conducting or chairing the misconduct proceedings a copy of. the effect of paragraphs (6) to (9) of this regulation. (b)request a response to any such question from the officer concerned within a specified period. (i)a determination under paragraph 6(2A) of Schedule 3 to the 2002 Act (handling of complaints by the appropriate authority)(55); (ii)a determination under paragraph 23(5A)(c) of Schedule 3 to the 2002 Act (action by the Director General in response to an investigation report under paragraph 22)(56); (iii)a determination under paragraph 24(6) of Schedule 3 to the 2002 Act (action by the appropriate authority in response to an investigation report under paragraph 22)(57); (iv)a recommendation under paragraph 28ZA of Schedule 3 to the 2002 Act (recommendations by the Director General or a local policing body)(58). This publication is available for download at: http://www.college.police..uk/en/20989.htm. (a)the name of the person appointed to determine the appeal under paragraph (4); (b)the name of any person appointed under regulation 8(6) to advise the person determining the appeal, and. 21.(1)On completion of the investigation, the investigator must as soon as practicable submit a written report on the investigation to the appropriate authority. the appropriate authority must, subject to regulation 49(3) and paragraph (10) and unless the appropriate authority must refer the case to misconduct proceedings in accordance with paragraph (9), make a further determination as to the matters set out in paragraph (1)(a) to (c) or, as the case may be, paragraph (2)(a) to (d). 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. Where the appropriate authority delegates its functions under regulation 49, a decision under that regulation as to whether to certify a case as one where the special conditions are satisfied must be authorised by a senior officer. (a)a decision under regulation 11 to suspend an officer or to continue or end such a suspension; (b)a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. 32. the fact that, if the allegation of gross misconduct is proved, the officer 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; in sub-paragraph (c), after paragraph (i), and were omitted and there were inserted, in the case of a Condition C person, any written statement or document provided to the Director General under regulation 4B(3) and any response to a consultation carried out under regulation 4B(4), and. left with a person at, or sent by recorded delivery to, the officers last known address; given to the officer in person by the officers police friend where the police friend has agreed with the appropriate authority to deliver the notice or document, or. (c)has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) (6)The person representing the appropriate authority or, as the case may be, the originating authority may, (a)address the proceedings in order to do any or all of the following. (4)The appropriate authority may not suspend a police officer under this regulation unless the following conditions (the suspension conditions) are satisfied, (a)having considered temporary redeployment to alternative duties or an alternative location as an alternative to suspension, the appropriate authority has determined that such redeployment is not appropriate in all the circumstances of the case, and, (b)it appears to the appropriate authority that either, (i)the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. (4)The misconduct proceedings must not, except in exceptional circumstances, be adjourned solely to allow the complainant or any witness or interested person to attend. (a)the notice given to the officer concerned under regulation 51(1); (b)the other documents given to the officer under regulation 51(1); (c)the documents provided by the officer under. (9)Where a written warning or final written warning is given, that warning remains in force for, (a)a period of 18 months beginning with the day on which it was notified to the officer concerned, in the case of a written warning, or. (2)Where the chief officer of police of the police force concerned is an interested party or is unavailable, the accelerated misconduct hearing must be conducted by the chief officer of police of another police force or an assistant commissioner of the metropolitan police force. where the investigators opinion under sub-paragraph (c) is that there is no case to answer, indicate 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. Section 88B was inserted by Schedule 8 to the Policing and Crime Act 2017. 14.(1)The appropriate authority must assess whether the conduct which is the subject matter of the allegation, if proved, would amount to misconduct or gross misconduct or neither (the severity assessment). (b)the complainant and any interested person, in any case to which regulation 60 applies. in so far as the authority considers redaction is. Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice. However, you should carefully read over the paper he gave you to make sure that it was actually a warning ticket and that there is no court date or fine on the paper. (3)The officer concerned may object to any person whom the officer is notified under the preceding provisions of this regulation is to conduct (other than as chair) the misconduct proceedings. (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). (10)Where the Director General is entitled to attend the misconduct proceedings to make representations under regulation 38(1), or to nominate a person to attend the proceedings as an observer under regulation 40(6), the appropriate authority must give the Director General written notice of the date, time and place of the proceedings. (b)makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(35) in relation to a matter on or after 1st February 2020. these Regulations apply regardless of when the complaint or matter came to the attention of the appropriate authority. only asked coz he wrote $167 beside it. (3)The reviewer must send a copy of the report to the appropriate authority. (2)The disciplinary action available at a misconduct meeting is, (3)The disciplinary action available at a misconduct hearing is, (a)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to misconduct, in accordance with regulation 41(15). Part 7 amends the Special Constables Regulations 1965 (S.I. 2020/2) which deal with public complaints and other discipline related matters arising under Schedule 3 to the 2002 Act. Sections 38(2) and 48(1) of the Police Reform and Social Responsibility Act 2011 provide respectively the Police and Crime Commissioner for a police area with a power to suspend the chief constable of the police force for that area and the Mayors Office for Policing and Crime with a power to suspend the Commissioner of Police of the Metropolis. Apparently the officer was in a decent enough mood to let me off with a warning, and not a $200 ticket. (10)In this regulation, relevant body means. (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. (12)Where evidence is given or considered at the accelerated misconduct hearing that the officer concerned, (a)on being questioned by an investigator, at any time after the officer was given written notice under regulation 17(1) of these Regulations or regulation 17(1) of the Complaints and Misconduct Regulations, or. (2)Where more than one officer is involved in a matter that has been referred to be dealt with under the reflective practice review process, a joint reflective practice review discussion may take place, provided that individual reflective review development reports are produced. (2)The accelerated misconduct hearing must not proceed unless the officer concerned has been notified of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. 60.(1)This regulation applies in the case of an accelerated misconduct hearing arising from the investigation of a, (a)conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (8)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 final written warning in force, neither a written warning nor a final written warning may be given. a summary of planned steps to progress the investigation and bring it to a conclusion. (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)return the case to the appropriate authority to deal with in accordance with Part 4. 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(. (a)determine the date, time and duration of the misconduct hearing, following consultation with the parties; (b)consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; (c)consider any documents supplied under regulation 32(6); (d)consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; (e)consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, (f)seek representations from the parties as to whether to. The police officer gives these warnings as a wake-up call for the traffic law violator so that he or she can reflect back and determine why they were pulled over in the first place. (9)If the appropriate authority upholds the objection, the person to whom the officer concerned objects must be replaced (in accordance with regulation 8(6) and (7) or paragraph (4) as appropriate). (4)The reference in paragraph (3) to the force of which the police friend is a member includes a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving. (a)the line manager of the participating officer; (b)another officer who is senior to the participating officer, or. (b)subject to the harm test, give the officer a copy of the investigators report or such parts of that report as relate to the officer. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (b)where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. 9. (2)If the person determining the appeal determines under regulation 45(14) that the notice of appeal sets out arguable grounds of appeal, they must hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination. (5)For the purposes of these Regulations, the making of a protected disclosure by a police officer is not a breach of the Standards of Professional Behaviour. (4)Subject to paragraph (5), the panel of persons must comprise. However, the police officer is within their right to write you a ticket for the expired tags as well. (ii)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. (a)in paragraph (2), in both places where the words appear, conducting or were omitted; (b)in paragraph (3)(a)(ii), in the case of a misconduct hearing, were omitted. (ii)if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; (iii)the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5), and. (d)if so, and subject to paragraph (10), what form the misconduct proceedings should take. 2017/1135) consequential on the revocation and replacement of the 2012 Regulations by these Regulations. the chief officer of police of the police force concerned; a member of the same police force as the officer, or where the officer is a member of the metropolitan police force, serving in the same command as the officer, or. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 2002 c. 30; section 36(1)(a) was amended by section 33(9) of, and paragraphs 15 and 53 of Schedule 9 to, the Policing and Crime Act 2017 and paragraph 29 of Schedule 3 was inserted by section 127 of, and paragraphs 1, 3 and 19 of Schedule 23 to, the Criminal Justice and Immigration Act 2008. any evidence of a kind referred to in regulation 45(2)(b) that the officer wishes to submit in support of the appeal. (3)If at any time during the investigation the investigator believes that the appropriate authority would, on consideration of the matter, be likely to determine that the special conditions are satisfied, the investigator must, whether or not the investigation is complete, submit to the appropriate authority, (a)a statement of the investigators belief and the grounds for it, and. (7)Any such objection must be made in writing to the appropriate authority before the end of 3 working days beginning with the first working day after the officer concerned is given notice of the persons name and must set out the grounds of objection of the officer. (12)Where evidence is given or considered at the misconduct proceedings that the officer concerned, (a)on being questioned by an investigator at any time after the officer was given written notice under regulation 17(1) of these Regulations or regulation 17(1) of the Complaints and Misconduct Regulations, or. When assessing the impact of the allegation on public confidence in the police for the purposes of paragraph (2)(b), the matters which the Director General must take into account are. The decision contained in a written warning could be immediate dismissal, unfair deadline even suspension without pay during the period and other severe punishment. (3)Prior to the accelerated misconduct hearing, the appropriate authority must provide the officer concerned with, (a)a list of the documents supplied under paragraph (1), and. (3)Condition A is that P ceased to be a police officer after the allegation first came to the attention of a relevant body. (4)The person chairing a misconduct hearing must provide any information to the appropriate authority or, as the case may be, the originating authority, that the person considers ought to be included by virtue of regulation 3(2)(l) of the Police Barred List and Police Advisory List Regulations 2017(63) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).. This process does not amount to disciplinary proceedings, as defined in regulation 2(1). (3)Subject to paragraph (4), the person conducting or chairing the accelerated misconduct hearing may from time to time adjourn the hearing if it appears to the person to be necessary or expedient to do so. a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. (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. (iv)the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, an opportunity to make oral or written representations before any such question is determined, including on the appropriate level of disciplinary action, and, (d)where representations are received in relation to mitigating circumstances, (i)must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer could reasonably have been expected to so mention them, and. each time a new Written Warning form book is issued. Paragraphs 16, 18 and 19 of Schedule 3 to the 2002 Act make provision for the investigation to be carried out by the appropriate authority on its own behalf, by the appropriate authority under the direction of the Director General and by the Director General respectively. to comply with a direction to give effect to a recommendation to bring misconduct proceedings of a form specified in a recommendation made under paragraph 25(4C) of that Schedule. (12)The person conducting or chairing the accelerated misconduct hearing must provide any information to the appropriate authority that the person considers ought to be included by virtue of regulation 3(2)(l) of the Police Barred List and Police Advisory List Regulations 2017(54) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (d)revised terms of reference under paragraph (5). (2)Subject to regulation 66(1), the police friend may. 49.(1)On receipt of a statement submitted by the investigator under regulation 21(3), the appropriate authority must determine whether the special conditions are satisfied. 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. 1965/536 to which there are amendments not relevant to these Regulations. 25.(1)Subject to paragraphs (6) and (7), where under regulation 23 the appropriate authority refers two or more cases arising from the same matter or incident, which relate to more than one police officer, to a misconduct hearing, the cases may be referred to a joint misconduct hearing. Condition C person means a person in relation to whom regulation 4(2)(a) and (5)(a) and (b) is satisfied;; Condition C special determination has the meaning given in regulation 4A(2);; disciplinary action for gross misconduct means a finding 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;; relevant time means the time immediately before the officer concerned ceased to be a member of a police force or a special constable;; (ii)the definitions of the Performance Regulations, appeal meeting, disciplinary action, human resources professional, line manager, misconduct meeting, practice requiring improvement and reflective practice review process were omitted; (iii)in the definition of allegation, for , conduct matter or practice requiring improvement there were substituted or conduct matter; (iv)for the definition of appropriate authority, there were substituted, appropriate authority means, subject to regulation 26(3), where the officer concerned was.