(12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). (3)The discussion must include, in particular, (a)a discussion of the practice requiring improvement and related circumstances that have been identified, and. (2)Where the Director General so attends the accelerated misconduct hearing. (5)This paragraph applies where a final written warning was in force on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct 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. (4)Any such objection must be made in writing to the chair before the end of 3 working days beginning with the first working day after the officer concerned is given notice of the persons name and must set out the grounds of objection of the officer. (13)Where the Director General has made a decision under regulation 24(1) to present a case. where the person who conducted the misconduct meeting was a member of a police force, by, a member of a police force of at least one rank higher than that person, or. if so, and subject to paragraph (10), what form the misconduct proceedings should take. 21.(1)On completion of the investigation, the investigator must as soon as practicable submit a written report on the investigation to the appropriate authority. Published October 23, 2017. specify a date and time for a misconduct pre-hearing, which must be within a period of 15 working days, or such extended period as the chair may specify under paragraph (10)(a), beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), and, give written notice of the date, time and place of the misconduct pre-hearing to. (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. The persons conducting a misconduct hearing may, subject to the provisions of this regulation, where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. (4)The person determining the appeal must specify a date and time for the appeal meeting. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (4)In this regulation relevant document, (a)means a document relating to any matter under investigation, and. (a)impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; (b)where they find the conduct amounts to neither gross misconduct nor misconduct, direct that the matter is referred to be dealt with under the reflective practice review process. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the accelerated misconduct hearing. following consultation with the Director General, in all other cases. (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. 1965/536 to which there are amendments not relevant to these Regulations. the conduct, if proved, would amount to practice requiring improvement; the matter should be referred to be dealt with under the Performance Regulations, or. (11)In making a decision under paragraph (10), the person chairing the misconduct hearing may have regard to any representations, (a)provided under regulation 36(3) or (5), or. However, you should carefully read over the paper he gave you to make sure that it was actually a warning ticket and that there is no court date or fine on the paper. where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (i)conducting or and or misconduct meeting were omitted; (ii)in sub-paragraph (a), person or were omitted; (iii)for sub-paragraphs (c) and (d), there were substituted. (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. where the officer concerned is a special constable, the police force maintained for the police area for which the officer is appointed; police friend means a person chosen by the officer concerned in accordance with regulation 7; police officer means a member of a police force or special constable; a member of the civilian staff of a police force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), or. Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (13) applies. advise the person conducting or, as the case may be, chairing the misconduct proceedings. (4)Where it appears to the person conducting or chairing the misconduct proceedings that any person may, in giving evidence, disclose information which ought not to be disclosed to any person, other than a party to the proceedings, attending the proceedings because it is information to which paragraph (7) applies, they must require such attendees to withdraw while the evidence is given. (c)has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) 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. 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. means a document relating to any matter under investigation, and. (b)where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). But that's entirely at the officer's discretion, and they can change their mind at any time and for any reason. (b)a copy of any such document, where it has not already been supplied. (b)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. (4)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (c) of that paragraph, where notice is given under paragraph (1) and the appropriate authority revises its severity assessment in accordance with regulation 14(6), the appropriate authority must as soon as practicable give the officer concerned a written notice of the result of the revised severity assessment. (2)Where the appropriate authority assesses that the conduct, if proved, would amount to neither misconduct nor gross misconduct, it must assess whether. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act. (2)This paragraph applies to a case where, (a)it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. (b)HMCIC or an inspector of constabulary nominated by HMCIC,. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. (a)the case amounts to practice requiring improvement; (6)The appropriate authority must consult the line manager of the officer concerned before making an assessment in terms of paragraph (5)(a) or (b). There are amendments to paragraph 29, but none are relevant. (3)The person determining the appeal may extend the time period specified in paragraph (2) where they consider that it would be in the interests of justice to do so. 51.(1)Where a case is certified, whether under regulation 49 or under the provisions mentioned in regulation 49(7), as one where the special conditions are satisfied and referred to an accelerated misconduct hearing, the appropriate authority must as soon as practicable give the officer concerned written notice of these matters and must supply the officer with a copy of. The Director General must give notification in writing of a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of the determination to the persons mentioned in paragraph (1). You get it fixed and then you take your car and the warning and you go to the police station within 10 days. (3)The person conducting or chairing the misconduct proceedings must. 10.(1)Subject to the provisions of this regulation, proceedings under these Regulations must proceed without delay. (a)written notice of whether or not they accept that their conduct amounts to misconduct or gross misconduct, as the case may be; (b)where they accept that their conduct amounts to misconduct or gross misconduct, as the case may be, any written submission they wish to make in mitigation, and, (c)where they do not accept that their conduct amounts to misconduct or gross misconduct, as the case may be, or they dispute part of the case against them, written notice of, (i)the allegations they dispute and their account of the relevant events, and. in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. (iv)the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. 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. (aa)in paragraph (ii), misconduct or and , as the case may be were omitted; (bb)in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; (cc)in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; (dd)after paragraph (vii), and were omitted; (ee)after paragraph (viii), there were inserted, (ix)the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. (b)in paragraph (5), conducting or were omitted; (c)in paragraph (6), for are senior officers there were substituted were senior officers at the relevant time. (i)take no further action against the officer concerned; (ii)refer the matter to the reflective practice review process, or, (iii)refer the matter to be dealt with under the Performance Regulations, and, (b)the appropriate authority must as soon as practicable give the officer concerned, (i)written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and. would be entitled to attend the misconduct hearing under regulation 38(1). (2)For the purposes of this regulation, each of the following is a relevant period. 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. (b)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. (e)necessary and proportionate for the protection of the welfare and safety of any informant or witness; 40.(1)This regulation applies in the case of misconduct proceedings arising from, (a)a conduct matter under Schedule 3 to the 2002 Act(handling of complaints and conduct matters etc. (8)Any such application must set out the reasons for the application. 32. (8)Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned does not amount to gross misconduct, they may. (2)If the person determining the appeal determines under regulation 45(14) that the notice of appeal sets out arguable grounds of appeal, they must hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination. (5)When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. 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. (b)may consider such documentary evidence as would, in their opinion, assist them in determining the question; (ii)if the officer is legally represented, the officers relevant lawyer or, where the officer is not legally represented, the officers police friend; (iii)the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and. (5)At the beginning of the misconduct proceedings, the person conducting or chairing the misconduct proceedings must give the officer concerned the opportunity to say whether or not the officer accepts that the officers conduct amounts to misconduct or gross misconduct, as the case may be. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. (7)Once a written notice has been given in accordance with paragraph (1), the investigator must notify the officer concerned of the progress of the investigation, (a)if there has been no previous notification following the supply of the written notice under paragraph (1), before the end of 4 weeks beginning with the first working day after that written notice was given, and. (16)The person conducting or chairing the accelerated misconduct hearing must not find that the conduct of the officer concerned amounts to gross misconduct unless. confirm or reverse the decision appealed against; deal with the officer concerned in any manner in which the person conducting or chairing the misconduct meeting could have dealt with the officer under regulation 42. paragraph 16 of Schedule 3 to the 2002 Act (investigations by appropriate authority on its own behalf) applied andthe Director General. Information in documents which are stated to be subject to the harm test under these Regulations must not be supplied to the officer concerned in so far as the appropriate authority considers that preventing disclosure to the officer is. 2003/527. (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. (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. (3)The person appointed by the appropriate authority under paragraph (1)(a).
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