(a)the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); (b)any statement the officer may have made to the investigator during the course of the investigation, and, (i)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, (2)The notice given under paragraph (1) must, (a)describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. (d)given to the officer in any other manner agreed between the person who is required to give the notice or document and the officer. a written warning; (b) a final written warning; (c) reduction in rank, or (d) dismissal without notice; "disciplinary proceedings" means (a) misconduct proceedings under Part 4 of these. 8.(1)Subject to paragraph (2), the officer concerned has the right to be legally represented, by a relevant lawyer of the officers choice (preferred lawyer), at a misconduct hearing or an accelerated misconduct hearing. (a)in paragraph (1)(a), misconduct or were omitted; (i)in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; (ii)in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; (i)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; (ii)in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; (c)in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. (c)subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (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. (9)In relation to an objection under paragraph (8) of this regulation. (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. (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. A person given a notification under paragraph (1) may, within the period of 21 days beginning with the day on which the notice is given or such longer period as the Director General may agree with that person, provide a written statement and any document which the person wishes the Director General to take into account for the purposes of the Condition C special determination. (6)Reduction in rank may only be imposed under this regulation where the person or persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority, including in relation to the likely operational impact. (a)consider any lists of proposed witnesses; (b)consider any documents supplied under paragraph (6), and. A written warning by contrast looks like a traffic ticket. under regulation 23 a case is referred to a misconduct hearing. (3)For any period during which the appropriate authority considers any misconduct proceedings or accelerated misconduct hearing would prejudice any criminal proceedings, no such misconduct proceedings or accelerated misconduct hearing may take place. (2)The only grounds of appeal under this regulation are that. Advanced Search (including Welsh legislation in Welsh language), 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. Such hearings were previously referred to as special case hearings, under the 2012 Regulations. determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. (This note is not part of the Regulations). 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. The officer would like you to admit to speeding and if you do the $150 to $200, ticket will soon follow. (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act. (10)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. Police officers are honest, act with integrity and do not compromise or abuse their position. (8)The officer concerned must attend the interview. (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. (d)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. A written warning has zero effect on your driver's license or your vehicle insurance. (3)The period of 10 working days referred to in paragraph (1) may be extended by the investigator. unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than that person; where the person who conducted the misconduct meeting was a police staff member, by, a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. (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. 4A.(1)This Part applies where the Director General is required under paragraph 23(5A)(ba)(61) of Schedule 3 to the 2002 Act (as applied with modifications by regulation 42 of, and Schedule 2 to, the Complaints and Misconduct Regulations) to make a Condition C special determination. (b)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. in so far as the authority considers redaction is. in paragraph (3), for the officer may be dismissed or, there were substituted disciplinary action for gross misconduct may be imposed in relation to the officer or the officer may; in paragraph (4), or an appeal meeting were omitted; in the opening words, or an appeal meeting were omitted; in sub-paragraph (b) only, and the words before it were omitted; in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; after paragraph (1), there were inserted. 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. 13. (i)the chief officer of police of the police force concerned; (ii)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. (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). (6)Where the chair considers that it would be in the interests of justice to do so, the chair may extend. (14)Where the question of disciplinary action is being considered, the person or persons considering it. (b)fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. for sub-paragraph (c), there were substituted, if they worked, directly or indirectly, under the management of the officer concerned at the relevant time. (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. (b)the officer proposes an alternative date or time which satisfies paragraph (3). The unnamed Norfolk Police officer was filmed kicking the girl, 15, in September He escaped being sacked but has been given a final written warning by the force Film shows another officer. (c)if so, and subject to paragraph (10), what form the misconduct proceedings should take. (a)the appropriate authority is the chief officer of any police force, and. (2)A reflective review development report must contain. (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. (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). (9)Where the circumstances prescribed in paragraph (8) apply, the Director General may be represented by a relevant lawyer. (17)For the purposes of this regulation parties means the appropriate authority or, as the case may be, the originating authority, the officer concerned, the officers representatives and, where the Director General is presenting the case, the Director General. 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. (d)the Director General is of the view that in the particular circumstances of the case there is a compelling public interest for the Director General to present the case. 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. (6)This paragraph applies where it is decided at misconduct proceedings that the officers conduct amounts to misconduct and the decision is based on the officers conduct arising from more than one incident and those incidents are not closely factually connected. Section 28A was inserted by section 2(1) and (2) of the Police (Complaints and Conduct) Act 2012 and amended by paragraphs 15 and 39 of Schedule 9 to the Policing and Crime Act 2017. The police can stop someone for exceeding that posted limit. 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). (2)This paragraph applies in a case where misconduct proceedings have been delayed by virtue of regulation 10(3) and the appropriate authority has certified the case as one where the special conditions are satisfied following a determination made under regulation 49(3). (4)In the case of joint misconduct proceedings, where a date and time is specified under paragraph (1) and one or more of the officers concerned or their police friend will not be available at that time, the chair must, (a)consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. (5)Where a report is submitted to the appropriate authority under paragraph (4), the appropriate authority must make a further severity assessment under regulation 14. (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. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. (l)any other matters that the Director General considers relevant. (3)A suspension under this regulation must be with pay. Part 1 contains preliminary provisions, including interpretation provisions. (3)Any person to whom this paragraph applies may make written representations to the chair in relation to. (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), and. (4)The person conducting or chairing the misconduct meeting must, if reasonably practicable, agree a date and time for the misconduct meeting with the officer concerned. The definition of misconduct (regulation 2(1)) has been changed since the 2012 Regulations. (6)Paragraph (1) does not apply in a case where the Director General has made a decision under regulation 24(1) to present a case. 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. The reflective practice review process consists of 2 stages; a fact-finding stage (dealt with in regulation 68) and a discussion stage (dealt with in regulation 69). take no further action against the officer concerned; refer the matter to the reflective practice review process, or, refer the matter to be dealt with under the Performance Regulations, and, the appropriate authority must as soon as practicable give the officer concerned, written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and.
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