Police officers are honest, act with integrity and do not compromise or abuse their position. 48. (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. Section 87(5) of the 1996 Act provides that for the purposes of section 87 disciplinary proceedings in relation to a member (or former member) of a police force or a special constable (or former special constable) means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations. in relation to an officer who was a member of a police force of the rank of chief inspector or below at the relevant time, the Police Federation of England and Wales; in relation to an officer who was a member of a police force of the rank of superintendent or chief superintendent at the relevant time, the Police Superintendents Association, and. if so, and subject to paragraph (10), what form the misconduct proceedings should take. This is a debugging block . Leave this site. A written warning has zero effect on your driver's license or your vehicle insurance. 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. 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). in the case of joint misconduct proceedings, copied to each other officer concerned. (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). (a)the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to the hearing, and. gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. Thomas C Gallagher. 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. 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. A warning, whether written or verbal, is technically a waived traffic ticket. (8)The appropriate authority must review the suspension conditions. (a)the finding or disciplinary action imposed was unreasonable; (b)there is evidence that could not reasonably have been considered at the misconduct meeting which could have materially affected the finding or decision on disciplinary action, or. (7)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. where the misconduct meeting arose from the investigation of a conduct matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc. (2)Where the Director General has made a decision under regulation 24(1) to present a case, the officer concerned must provide the Director General with a copy of the documents they have provided in accordance with paragraph (1). (2)Wherethe Director General has made a decision under regulation 24(1) to present a case or is entitled to attend the accelerated misconduct hearing to make representations under regulation 58(1), the appropriate authority must notify the Director General of the date, time and place of the hearing. Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty. (5)The appropriate authority or, where functions have been delegated under regulation 26(1), the originating authority, may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting by, (a)a police officer or police staff member of the police force concerned, or. (a)in paragraph (1), for is an officer other than a senior officer there were substituted was an officer other than a senior officer at the relevant time; (b)in paragraph (3), for is a senior officer there were substituted was a senior officer at the relevant time. (a)the conduct that is the subject matter of the allegation and how that conduct is alleged to fall below the Standards of Professional Behaviour; (b)that there is to be an investigation into the matter and the identity of the investigator; (c)the result of the severity assessment conducted under regulation 14; (d)the result of any assessment under regulation 14(5)(b) as to whether any misconduct proceedings would likely be a misconduct meeting or a misconduct hearing; (e)that if the officer is dismissed at misconduct proceedings, information including the officers full name and a description of the conduct which led to dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years; (f)that the officer has the right to seek advice from the officers staff association or any other body and of the effect of regulation 7(1) and (2); (g)the effect of regulations 8(1) to (3) and 18, and. under regulation 23 a case is referred to a misconduct hearing. When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. Most commonly, a warning will be given by a law official to someone who has committed a low-level crime, and they are typically associated with driving offenses. Paragraph 16 was amended by paragraphs 11 and 14 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011, paragraphs 8 and 17 of Schedule 6 to the Crime and Courts Act 2013 (c. 22) and paragraphs 9 and 16 of Schedule 5 to the Policing and Crime Act 2017; paragraph 18 was amended by paragraphs 1, 11 and 16 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and by paragraphs 9, 15, 18 and 19 of Schedule 5 to the Policing and Crime Act 2017; paragraph 19 was amended by paragraphs 1, 11 and 17 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 9, 15, 20 and 56 of Schedule 9 to the Policing and Crime Act 2017. (14)Where the question of disciplinary action is being considered, the person or persons considering it. Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the Policing and Crime Act 2017. (b)left with a person at, or sent by recorded delivery to, the officers last known address; (c)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. the appropriate authority has made reasonable enquiries in order to determine the last known address of the officer but it has been unsuccessful. the interview must be postponed to the date or time proposed by the officer. (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. This one had no mercy and gave me my first ticket. where functions have been delegated under paragraph (1), appropriate authority, in relation to the exercise of such functions, means the chief officer of police to whom the functions have been delegated; originating authority means the chief officer of police of the force of which the officer concerned is a member which has delegated functions under paragraph (1). (3)A suspension under this regulation must be with pay. Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. in deciding whether or not to suspend the officer concerned under this regulation, and. Different options to open legislation in order to view more content on screen at once. Regulation 4 deals with the application of the Regulations and provides for the Regulations to apply with the modifications set out in Schedule 1 to former officers. has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings)(, accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of that Schedule (reviews with respect to an investigation)(. 34.(1)Subject to paragraphs (2), (6) and (8), the misconduct meeting must take place before the end of 20 working days beginning with the first working day after. (7)Where the appropriate authority certifies a case as one where the special conditions are satisfied under regulation 25(3) or 26(3) of the Complaints and Misconduct Regulations (including pursuant to regulation 26(8)(b) of those Regulations), it must, subject to regulation 10(3), refer it to an accelerated misconduct hearing. failed to mention any fact relied on in the officers case at the misconduct proceedings, being a fact which in the circumstances existing at the time, the officer could reasonably have been expected to mention when so questioned or when providing such information, paragraph (14) applies. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. (a)the appropriate authority is the chief officer of any police force, and. 37.(1)Subject to paragraph (2), the officer concerned must attend the misconduct proceedings. This is the original version (as it was originally made). Amendment of the Special Constables Regulations 1965 and the Police Barred List and Police Advisory List Regulations 2017, Modifications to these Regulations in their application to former officers, the following definitions were inserted in the appropriate places. (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. where the 15 working day period referred to in regulation 31(1)(a) is extended in accordance with regulation 31(1)(b), the expiry of such extended period. (a)the date on which the allegation came to the attention of the appropriate authority; (b)the date on which notice was given under regulation 17(1); (i)the investigation will be concluded, and. A final warning has been given to a senior police officer who failed to disclose a workplace relationship that "could cause of a conflict of interest". Your letter will be placed in your personnel file along with the written warning. 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 officer proposes an alternative date or time which satisfies paragraph (5). (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. 17.(1)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (a) of that paragraph, the investigator must, as soon as reasonably practicable after being appointed, give the officer concerned a written notice stating. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. This duty arises at the end of each 6 month period thereafter. (2)An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations. return the case to the appropriate authority to deal with in accordance with Part 4. may consider such documentary evidence as would, in their opinion, assist them in determining the question; if the officer is legally represented, the officers relevant lawyer or, where the officer is not legally represented, the officers police friend; the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and. The written examination and physical agility test may be omitted if applicant attains Certificate of Completion from a California P.O.S.T. (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. it must, subject to regulation 10(3), refer the case to misconduct proceedings of the form specified. they are satisfied on the balance of probabilities that this is the case, or. Such hearings were previously referred to as special case hearings, under the 2012 Regulations. (4)The reference in paragraph (3)(d)(ii) to a member of the police force includes a reference to a special constable appointed for the area of that force and a police staff member serving in that force. (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. (i)the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, (ii)the appropriate authority in all other cases, and. (b)where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (2)The disciplinary action has effect from the date on which it is notified to the officer concerned. (a)written notice of whether or not they accept that their conduct amounts to gross misconduct; (b)where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; (c)where they do not accept that their conduct amounts to gross misconduct, written notice of. A verbatim record of the misconduct proceedings must be taken. (2)Subject to regulations 38 and 40, a misconduct meeting must be in private. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. Apparently the officer was in a decent enough mood to let me off with a warning, and not a $200 ticket. (e)the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, as set out in the notice given in accordance with regulation 51(2). 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. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. (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). (b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither. the seriousness of the alleged gross misconduct; the impact of the allegation on public confidence in the police, and, 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. Where there is an indication that the persons conduct amounts to gross misconduct, the person will be at risk of dismissal if the allegation is proved. (i)there is a case to answer in respect of gross misconduct or there is no case to answer; (ii)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.; (i)for would amount to neither misconduct nor, there were substituted would not amount to; (ii)in sub-paragraph (a), for it; there were substituted it, and; (iii)sub-paragraph (c), and and before it were omitted; (c)in paragraphs (6) and (7), misconduct or were omitted. to the officer concerned in accordance with regulation 30(1). 24. (16)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(3)in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). 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. Different options to open legislation in order to view more content on screen at once. (h)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. Police officers act with fairness and impartiality. (i)after sub-paragraph (d), and were omitted; (ii)in sub-paragraph (e), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; (iii)after sub-paragraph (e), there were inserted. where the officer concerned is the chief officer or acting chief officer of any police force, the local policing body(10) for the forces area; in any other case, the chief officer of police of the police force concerned; complainant has the meaning given to it by section 29(2) of the 2002 Act (interpretation of Part 2)(11); complaint has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(12); conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred); conduct matter has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(13); all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction to the Crown Court); Director General means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct)(14); disciplinary action means, in order of seriousness starting with the least serious action. 56.(1)Prior to the accelerated misconduct hearing the appropriate authority must supply the person conducting or chairing the accelerated misconduct hearing with a copy of. 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. to the officer in accordance with regulation 51(1). a police officer or police staff member of the police force concerned, or. (2)Subject to regulation 25(4) to (8), where functions have been delegated to the same chief officer of police, in respect of more than one case which relates to the same matter or incident, the cases may be dealt with at a joint misconduct hearing. (l)any other matters that the Director General considers relevant. (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). Section 29(7)(b) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the Policing and Crime Act 2017, may, in respect of a person who ceased to be a police officer after section 29(2) and (3) of the 2017 Act came into force but whose alleged misconduct, inefficiency or ineffectiveness took place before that date, only make provision if the alleged misconduct, inefficiency or ineffectiveness is such that if proved there could be a finding in disciplinary proceedings that the person would have been dismissed had they still been a police officer. the period of 15 working days specified in paragraph (1)(a); the period of 30 working days specified in paragraph (9). (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). (8)In the case of a joint misconduct meeting, where a date and time is specified under paragraph (5) and one or more of the officers concerned or their police friend will not be available at that time, the person conducting or chairing the misconduct meeting must, (a)consult each of the officers concerned as regards the timing of the misconduct meeting, and. (2)The person conducting or chairing the misconduct meeting may extend the period specified in paragraph (1) where they consider that it would be in the interests of justice to do so. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. Paragraph 25(4C) and (4D) was amended by paragraphs 15 and 56(1) and (2) of Schedule 9 to the Policing and Crime Act 2017. any other document which might reasonably be considered capable of undermining or assisting the case. 7. (2)Except as set out in paragraph (8), these Regulations also apply, with the modifications set out in Schedule 1, where, (a)an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (P) may amount to gross misconduct(33), and. Part 7 amends the Special Constables Regulations 1965 (S.I. (iv)the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. (b)return the case to the appropriate authority to deal with in accordance with Part 4. (7)The investigator must, in advance of the interview, provide the officer concerned with such information as the investigator considers appropriate in the circumstances of the case to enable the officer to prepare for the interview. (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. (6)If the appropriate authority or, as the case may be, the local policing body upholds the objection, the person to whom the officer concerned objects must be replaced (in accordance with regulation 8(6) and (7) or 28 as appropriate). Answer (1 of 9): It will show on informal records held by the local police department. (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or. 18.(1)Before the end of 10 working days beginning with the first working day after the terms of reference, or, as the case may be, written notice has been given under regulation 17(2), (a)the officer concerned may provide a written or oral statement relating to any matter under investigation to the investigator, including any mitigating circumstances relevant to any such matter, and. (3)Having considered any representations received under regulations 33(8)(f), 36(3) and 36(5), the person conducting or chairing the misconduct proceedings may. In many cases, officers also have the discretion to issue warning citations. Amendments are cited elsewhere in these Regulations, where relevant. (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 you are stopped again, the Trooper will be able to see when, where and for what you were warned. (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by appropriate authority on its own behalf) applied andthe Director General. in paragraph (2)(b), misconduct or were omitted and for in accordance with paragraph (3), there were substituted to a police appeals tribunal (within the meaning of section 85 of the 1996 Act); in paragraph (4), In all cases referred to in paragraph (3) were omitted. 39.(1)Subject to paragraph (3), a misconduct hearing must be in public. (a)the period of 100 working days specified in paragraph (2); (b)the period of 30 working days specified in paragraph (5). the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. 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; in the definition of allegation, for , conduct matter or practice requiring improvement there were substituted or conduct matter; for the definition of appropriate authority, there were substituted.
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