)(16); paragraph (a) of the definition of disciplinary proceedings in section 29(1) of the 2002 Act (interpretation of Part 2)(17); section 36(2) of the 2002 Act (conduct of disciplinary proceedings)(18); document means anything in which information of any description is recorded; gross misconduct means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal; harm test has the meaning given to it in regulation 6; HMCIC means Her Majestys Chief Inspector of Constabulary appointed under section 54(1) of the 1996 Act (appointment and functions of inspectors of constabulary); human resources professional means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force; informant means a person who provides information to an investigation on the basis that the persons identity is not disclosed during the course of the disciplinary proceedings; interested party means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations; interested person means a person who has an interest in being kept properly informed about the handling of a complaint or conduct matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons)(19); appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations)(20), as the case may be; line manager means the police officer or the police staff member who has immediate supervisory responsibility for the officer concerned; misconduct, other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action; misconduct hearing means a hearing to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or gross misconduct or neither and whether disciplinary action should be imposed; misconduct meeting means a meeting to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or not and whether disciplinary action should be imposed; misconduct proceedings means a misconduct meeting or misconduct hearing; officer concerned means the police officer in relation to whose conduct there has been an allegation; originating authority has the meaning given to it in regulation 26(3); personal record means a personal record kept under regulation 15 of the Police Regulations (contents of personal records)(21); police barred list means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list)(22); the police force of which the officer concerned is a member, or. the period of 10 working days referred to in paragraph (2); the period of 10 working days referred to in paragraph (6). the appropriate authority or, as the case may be, the originating authority, or. (c)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. (b)return the case to the appropriate authority to deal with in accordance with Part 4. (11)Where the Director General has made a decision under regulation 24(1) to present a case, each of paragraphs (1), (2) and (7) must be read as if and the Director General were inserted after the officer concerned. the documents given to the person who held the misconduct meeting as specified in regulation 32(6); the notice of appeal given by the officer concerned under regulation 45(3); the record of the misconduct meeting taken under regulation 44(1), and. 35.(1)The appropriate authority must give the officer concerned written notice of the date, time and place of the misconduct proceedings. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. (4)Where a final written warning is given, that warning remains in force for, (a)a period of 2 years beginning with the day on which it was notified to the officer concerned, or. ), any interested person. (6)Where the appropriate authority is required to publish the report in accordance with paragraph (5), it must do so as soon as practicable after the officer concerned is notified of the outcome of the accelerated misconduct hearing under paragraph (3). gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings), 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. (2)The appropriate authority or, as the case may be, the originating authority, must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of, (a)the report submitted under paragraph (1), and. where the officer concerned is a Condition C person, the Condition C special determination. 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; the application of the harm test under paragraph (1)(c), and. 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. (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. If you get more than a few warnings in one jurisdiction, you will stop getting warnings. 46.(1)This regulation applies where the officer concerned requests a meeting in the written notice of appeal under regulation 45(3). 04-06-2008, 03:39 AM. ), or. (b)a copy of any such document, where it has not already been supplied. (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 duty specified in paragraph (4) to supply a list of proposed witnesses or give notice that there are no proposed witnesses lies with the Director General, and not with the appropriate authority or the originating authority. (b)wherethe Director Generalwas entitled to attend the misconduct meeting to make representations under regulation 38(1), or to nominate a person to attend the meeting as an observer under regulation 40(6), the Director General; (c)where the misconduct meeting arose from a complaint to which paragraph 19A of Schedule 3 to the2002 Act(special procedure where investigation relates to a police officer or special constable) applied, the complainant, and. (b)in deciding, following a review, whether or not to end a suspension under this regulation. (2)Where the chair requires notice to be given in accordance with paragraph (1), the appropriate authority or, as the case may be, the originating authority, must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 35(1). (3)A participating officer must not be prevented from applying for or obtaining a promotion by reason of the officers participation in the reflective practice review process. (ii)the investigation has been concluded. the period between the date P ceased to be a police officer and the date the allegation first came to the attention of the relevant body did not exceed 12 months. wherethe Director Generalwas entitled to attend the misconduct meeting to make representations under regulation 38(1), or to nominate a person to attend the meeting as an observer under regulation 40(6), the Director General; where the misconduct meeting arose from a complaint to which paragraph 19A of Schedule 3 to the2002 Act(special procedure where investigation relates to a police officer or special constable) applied, the complainant, and. 13. advise the person determining the appeal. (3)The discussion must include, in particular, (a)a discussion of the practice requiring improvement and related circumstances that have been identified, and. the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). (iii)the documents that may be provided under paragraph (1)(c)(ii); (b)comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. Section 63(3)(a) was substituted by paragraph 78(3) of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 6(2) of Schedule 22 to the Criminal Justice and Immigration Act 2008, sections 123(4) and 133(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 10(3)(b) of the Policing and Crime Act 2009 (c. 26). a list of the documents supplied under paragraph (1), and, the officer may nonetheless be represented at that hearing by, a relevant lawyer (in which case the police friend may also attend), and. This process does not amount to disciplinary proceedings, as defined in regulation 2(1). whether the chair should require notice to be given under paragraph (1); which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. request a response to any such question from the officer concerned within a specified period. (c)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). (9)The appropriate authority or, as the case may be, the originating authority may apply to the person conducting or chairing the misconduct proceedings for an extension of. There was another amendment of that section but it is not relevant. Section 39A was inserted by section 2 of the 2002 Act and was amended by paragraphs 1 and 30 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and section 124 of the Anti-social Behaviour, Crime and Policing Act 2014. (6)Where the appropriate authority is to proceed in accordance with Part 4, regulation 23(1) must be read as if the words Subject to regulation 49, on receipt of the investigators report under regulation 21(1), were omitted. (2)Where the question of disciplinary action for gross misconduct is being considered, the persons considering it. Paragraph 23(5A) was inserted by section 16 of, and paragraphs 9 and 26(1) and (2) of Schedule 5 to, the Policing and Crime Act 2017. (a)advise the officer concerned throughout the proceedings under these Regulations; (b)represent the officer at the misconduct proceedings or accelerated misconduct hearing or appeal meeting, unless the officer has the right to be legally represented and chooses to be so represented; (c)make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and. the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); any statement the officer may have made to the investigator during the course of the investigation, and, the investigators report or such parts of that report as relate to the officer (together with any document attached to or referred to in that report as relates to the officer), and, describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. 4B.(1)Before making a Condition C special determination the Director General must give a notification in writing to, (2)A notification under paragraph (1) must. (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. 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. Where the question of disciplinary action for gross misconduct is being considered, the person or persons considering it, the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5); and, The person chairing a 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, Advanced Search (including Welsh legislation in Welsh language), http://www.college.police..uk/en/20989.htm, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. (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. (9)In relation to an objection under paragraph (8) of this regulation. Part 3 applies to internal conduct allegations of misconduct or gross misconduct which may justify the bringing of disciplinary proceedings and are referred to be dealt with under these Regulations by the appropriate authority. (7)A misconduct pre-hearing may be conducted by telephone or by such other electronic means as may be agreed between the parties, or, where the parties fail to agree, as decided by the chair. the officer concerned or the officers police friend will not be available, and. Police appeals tribunal has the same meaning as in section 85 of the 1996 Act. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (4)Where the officer concerned is represented in accordance with paragraph (3), the police friend or relevant lawyer of the officer, or both, as the case may be, may participate using the video link or other means where such means are also used by the officer. . (b)protect themselves against harm or exploitation. 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). Section 29(1) of the 2002 Act provides that for the purposes of Part 2 of that Act disciplinary proceedings in relation to a member of a police force or a special constable means proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations (paragraph (a) of the definition of disciplinary proceedings). (3)Where the appropriate authority is a chief officer of police, the chief officer may, subject to paragraph (4), delegate any functions under these Regulations to a, (a)member of a police force of at least the rank of inspector, 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. Whether or not the officer cites the driver for the violation is completely within that officer's discretion. (a)a chair appointed by the local policing body, selected on a fair and transparent basis from the list of legally qualified persons maintained by the local policing body for the purpose of these Regulations; (b)a member of a police force of the rank of superintendent or above (provided the member is of a more senior rank than the officer concerned), appointed by the appropriate authority, and. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (3)The person conducting or chairing the misconduct proceedings must. (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. if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; 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. (8)Prior to the misconduct proceedings, the appropriate authority or, as the case may be, the originating authority, must supply the officer concerned with, (a)a list of the documents supplied under paragraph (6), and. (ii)if the officer concerned 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, an opportunity to make oral or written representations before any such question is determined, and, (d)where representations are received into 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 concerned could reasonably have been expected to so mention them, and. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. 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; where functions in relation to the administration of the hearing have been delegated under regulation 26(1), the details of the authority to whom they have been delegated; the name of the person appointed to conduct (in the case of a misconduct meeting for an officer other than a senior officer) or chair (in any other case) the misconduct proceedings and, in the case of a chair, confirmation that the person has been selected on a fair and transparent basis; the effect of paragraphs (3) to (6) of this regulation; the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. (4)Subject to paragraph (5), the panel of persons must comprise. Section 13B was inserted by section 18(1) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 20 of Schedule 9 to that Act. in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. Use professional pre-built templates to fill in and sign documents online faster. where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (8)At the misconduct pre-hearing the chair must. (i)after sub-paragraph (b), and were inserted; (ii)for sub-paragraphs (c) and (d) there were substituted, (c)indicate the investigators opinion as to whether. (a)the conduct, if proved, would amount to practice requiring improvement; (b)the matter should be referred to be dealt with under the Performance Regulations, or. conduct or, as the case may be, chair the misconduct proceedings, or. (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. paragraph (7) applies except in so far as it specifies the period of time for making an objection; the objection must be made before the end of 3 working days beginning with the first working day after the officer concerned is given the notice referred to in paragraph (10); paragraphs (8) to (10) apply, with the exception of the requirement in paragraph (10) for the appropriate authority to give written notice of the effects of paragraphs (11) and (12). (2)Where the officer concerned informs the person conducting or chairing the accelerated misconduct hearing in advance that the officer is unable to attend on grounds which the person conducting or chairing the hearing considers reasonable, that person may allow the officer to participate in the hearing by video link or other means. There is provision for a matter to be referred to be dealt with under this process by the appropriate authority when making a severity assessment (under regulation 14(4)) or, following an investigation, under regulation 23(8) and by a person or persons conducting misconduct proceedings, under regulation 42(1)(b). [1] 2 Stay calm. they are satisfied on the balance of probabilities that this is the case, or. S.I. Regulation 17 is to be read as if in paragraph (1), (b)for sub-paragraph (e), there were substituted. reduction in rank, where paragraph (5) or (6) applies; dismissal without notice, where paragraph (5) or (6) applies; where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15), 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. it must, if the investigation was incomplete, return the case to the investigator to complete the investigation or, in any other case, proceed in accordance with Part 4. 62.(1)Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned amounts to gross misconduct, they must impose disciplinary action, which, subject to the provisions of this regulation, may be. (11)Where the officer concerned objects to the complainant or interested person being present whilst a submission is made in mitigation on the officers behalf, the person determining the appeal may require the complainant or interested person to withdraw while the submission is made. (i)in sub-paragraph (a), in the first place it occurs, misconduct or were omitted; (ii)for sub-paragraphs (b) and (c), there were substituted, (b)whether or not misconduct proceedings should be brought against the officer concerned, and. (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the accelerated misconduct hearing and of their right to make representations under regulation 53(3). Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and was amended by section 19(1) and (3)(b)(i) of, and paragraph 47(h)(vi) of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to, the Policing and Crime Act 2017; there are other amendments to paragraph 22 but none are relevant. the misconduct pre-hearing must be postponed to the date or time proposed by the officer. in paragraph (1)(a), misconduct or were omitted; in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; for the panel of persons must comprise there were substituted where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons, comprising; in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. (2)Where the officer concerned informs the person conducting or chairing the misconduct proceedings in advance that the officer is unable to attend on grounds which the person conducting or chairing those proceedings considers reasonable, that person may allow the officer to participate in the proceedings by video link or other means. Your letter will be placed in your personnel file along with the written warning. (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. for sub-paragraph (c), there were substituted, if they worked, directly or indirectly, under the management of the officer concerned at the relevant time. whether it appears that the alleged gross misconduct amounts to a criminal offence; whether it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct and, if so, the extent and seriousness of the harm; where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; whether it appears that the alleged gross misconduct was intentional; whether it appears that the purpose or one of the purposes of the alleged gross misconduct was personal gain or benefit for the officer concerned; whether it appears that the alleged gross misconduct is aggravated by discriminatory behaviour on the grounds of a persons race, gender, disability, age, religion or belief, sexual orientation or gender identity; whether it appears that the officer concerned acted with one or more other persons serving with the police within the meaning of section 12(7)(a) or (c) of the 2002 Act (member of a police force or special constable under the direction and control of a chief officer); the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; whether it appears that the officer concerned has taken steps to prevent the alleged gross misconduct being identified or to obstruct investigations into it, other than lawful steps in the officers defence; whether it appears that the alleged gross misconduct has had an adverse effect on community relations; whether it appears that there are mitigating circumstances arising out of the health (whether physical or mental) of the officer concerned at the time of the alleged gross misconduct, and. (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. (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. (ISP 553), the Receipt for -0 Ticket Book s, form ISP 5-042, will be completed and signed by the receiving officer or Truck Weight Inspector (T.W.I.) (2)Where the appropriate authority assesses that the conduct, if proved, would amount to neither misconduct nor gross misconduct, it must assess whether. (a)paragraph (4) applies except in so far as it specifies the period of time for making an objection; (b)the objection must be made before the end of 3 working days beginning with the first working day after the officer concerned has been given the notice referred to in paragraph (7); (c)paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the appropriate authority to give written notice of the effects of paragraphs (8) and (9).
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