(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. (9)In relation to an objection under paragraph (8) of this regulation. (3)Before referring a matter to the reflective practice review process or to be dealt with under the Performance Regulations, the appropriate authority must consult the line manager of the officer concerned. 15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. (a) must have regard to the record of police service of the officer concerned as shown on the officer's personal record; (b) may receive evidence from any witness whose evidence would, in their. (5)The chair must notify the officer concerned in writing whether it upholds or rejects an objection to any panel member. (a)the period of 15 working days specified in paragraph (1)(a); (b)the period of 30 working days specified in paragraph (9). in any other case, subject to paragraph (2), the chief officer of police of the police force concerned. In my State, written warning are entered into the same system that traffic tickets are. (ii)if the officer concerned is subject to such a finding, the officer will be included in the police barred list; (d)subject to the harm test, set out any findings relating to the conduct to which the investigation relates in any investigation report submitted to the Director General under Schedule 3 to the 2002 Act; (e)set out the persons rights under paragraph (3); (f)in the case of the officer concerned, state that the officer has the right to seek advice from the officers staff association or any other body and the effect of regulation 7(1) and (2). (b)the officer proposes an alternative date or time which satisfies paragraph (3). the case must be dealt with in accordance with regulation 14; the investigation must be promptly concluded; the appropriate authority must as soon as practicable and in addition to any notice required under regulation 14(7), give the officer concerned notice in writing that, the notice given to the officer under regulation 17(1) has been withdrawn and no further action will be taken pursuant to that notice, and. (12)Where a period is extended, paragraph (2) or, as the case may be, paragraph (6), has effect as if for the period specified in those provisions there were substituted the extended period. Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities. (4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (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. (i)exclude any person under regulation 39(3)(a); (ii)impose conditions under regulation 39(3)(b), or. 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. Part 3 of these Regulations will not apply to these cases. (2)Subject to regulation 49, on receipt of a report submitted under paragraph 22 of Schedule 3 to the2002 Act(final reports on investigations)(39), in making a determination under paragraph 24(6) of that Schedule (action in response to an investigation report)(40) as to what action to take in respect of matters dealt with in that report, the appropriate authority must, as soon as practicable determine. each time a new Written Warning form book is issued. (5)Where no date and time is agreed under paragraph (4), the person conducting or chairing the misconduct meeting must specify a date and time for that meeting. If fines apply, you may have the option to pay online. For instance, let's say you've been issued a written warning and are later stopped by police later. 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. 57.(1)Subject to paragraph (2), the officer concerned must attend the accelerated misconduct hearing. Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court (5)Where the officer concerned is a senior officer, for paragraph (4)(b) there is substituted. (3)Any person to whom this paragraph applies may make written representations to the person conducting or chairing the accelerated misconduct hearing in relation to. (ii)a report will be submitted under regulation 21; (e)the reason for the length of time taken by the investigation, and. This publication is available for download at: http://www.college.police..uk/en/20989.htm. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. any other document which might reasonably be considered capable of undermining or assisting the case. (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. speeding), and the officer is letting you off with a warning instead of a citation or a fine. (2)Paragraphs (3) and (4) apply to a matter that has been referred under these Regulations to be dealt with under the reflective practice review process. 2017/1135) consequential on the revocation and replacement of the 2012 Regulations by these Regulations. Condition C special determination: procedure, Before making a Condition C special determination the Director General must give a notification in writing to. (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. (14)At the misconduct pre-hearing the chair may issue directions including, but not limited to, the matters set out in this regulation, other than paragraph (8)(f). there is a case to answer in respect of gross misconduct or there is no case to answer; where the investigators opinion is that there is no such case to answer, there may nevertheless have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving. (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. (3)A suspension under this regulation must be with pay. it is in the public interest for the officer concerned to cease to be a member of a police force or a special constable without delay. 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, as set out in the notice given in accordance with regulation 30(1)(a). (b)where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). (5)Paragraph (1) does not apply in a case where the Director General has made a decision under regulation 24(1) to present a case. where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. These Regulations are to be read as if for regulation 62, there were substituted, 62.(1)Subject to the provisions of this regulation, the person or persons conducting the accelerated misconduct hearing may, (a)where the person or persons find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. (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. (c)has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) (2)An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations. (d)revised terms of reference under paragraph (5). (4)Where the appropriate authority determines under paragraph (2)(b) or under paragraph (3) in so far as the determination relates to the matter set out in paragraph (2)(b), that the case does not amount to misconduct, the case is to be dealt with under these Regulations as if the appropriate authority had determined that there was no case to answer. (a)the appropriate authority decides, following a review, that the suspension conditions are no longer satisfied; (b)either of the events mentioned in paragraph (5)(a) and (b). Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. a person appointed by the local policing body, selected on a fair and transparent basis from a list of candidates maintained by the local policing body for the purpose of these Regulations. (b)in any other case, before the end of 4 weeks beginning with the first working day after the previous notification. (a)the documents given to the officer under regulation 30(1); (b)the documents provided by the officer under, (ii)where paragraph (7) applies, regulation 54, and, (i)does not accept that the conduct amounts to misconduct or gross misconduct, as the case may be, or. 5. (a)the finding of the person or persons conducting the accelerated misconduct hearing; (2)A report under this regulation must include notice of the right of appeal to a police appeals tribunal. (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. 2012/2632) (the 2012 Regulations), with a number of changes, in part to reflect changes made to the handling of police complaints and police disciplinary matters made by the Policing and Crime Act 2017 (2017 c. 3). 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). (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. 1996 c. 16. Amendments are cited elsewhere in these Regulations, where relevant. 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. a discussion of the practice requiring improvement and related circumstances that have been identified, and. a decision under regulation 11 to suspend an officer or to continue or end such a suspension; a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. (5)For the purposes of this regulation relevant prosecutor means the Director of Public Prosecutions or any other person who has or is likely to have responsibility for the criminal proceedings. where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. 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. for would amount to neither misconduct nor, there were substituted would not amount to; in sub-paragraph (a), for it; there were substituted it, and; sub-paragraph (c), and and before it were omitted; in paragraphs (6) and (7), misconduct or were omitted. in submitting any information or by not submitting any information at all under regulation 18(1) or 31(2) or (3) (or, where paragraph (13) applies, regulation 54) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, in the case of a misconduct meeting, to misconduct or not, 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. (11)The officer concerned may object to the appointment of a person appointed under paragraph (9). 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. She only gave me a warning. This is a debugging block . 34. (b)the officer proposes an alternative date or time which satisfies paragraph (7). (9)The person conducting or chairing the accelerated misconduct hearing may dispense with the requirement under paragraph (5) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (8)(a) or (b). 45.(1)Where the officer concerned is an officer, other than a senior officer, whose case was decided at a misconduct meeting, the officer may, subject to the provisions of this regulation, appeal, (a)if the officer admitted the officers conduct amounted to misconduct, against any disciplinary action imposed under regulation 42, or. (ga)that it may harm the officers case if the officer fails to attend an interview of which the officer has been given notice under regulation 20(6) (interviews during investigation), and; (d)in sub-paragraph (h), after 18(1), there were inserted , 20A(2). (ii)if the case was decided at a misconduct hearing, of the right of appeal to a police appeals tribunal(53); (b)where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b). 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). (a)in relation to the attendance at the hearing of a person under this regulation, exclude any person as they see fit from the whole or a part of it; (b)impose such conditions as they see fit relating to the attendance under this regulation of any person at the hearing in order to facilitate the proper conduct of it, and. (9)A police friend may not answer any questions asked of the officer concerned during the interview. A copy of this publication can be obtained from the College of Policing. the officer proposes an alternative date or time which satisfies paragraph (6). (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the misconduct proceedings and, if applicable, of their right to make representations under regulation 36(3). 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). 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. 41.(1)The person conducting or chairing the misconduct proceedings must determine the procedure at those proceedings and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (b)such longer period as the person or persons considering the question of disciplinary action may determine, up to a maximum of 5 years from the day on which it was notified to the officer. (a)it relates to a person who ceased to be a police officer before 15th December 2017(36); or. 61.(1)The person conducting or chairing the accelerated misconduct hearing must determine the procedure at the hearing and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (l)any other matters that the Director General considers relevant. 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. (e)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, as set out in the notice given in accordance with regulation 30(1)(a). where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). paragraph (2) applies and the case is referred to a misconduct hearing or an accelerated misconduct hearing, or. (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. (10)Where the chair considers that it would be in the interests of justice to do so, the chair may extend. Section 88B was inserted by Schedule 8 to the Policing and Crime Act 2017. The severity of this ticket will usually depend on how long out of . (2)The participating officer must provide any account under paragraph (1)(b) within 5 working days beginning with the first working day after the day on which the invitation to do so is received, unless a longer period is agreed with the reviewer. (c)give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. (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). that whilst the officer does not have to say anything it may harm the officers case if the officer does not mention when interviewed or when providing any information under regulation 18(1) or 31(2) or (3) something later relied on in any disciplinary proceedings. No changes have been applied to the text. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. 66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen.
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