Section 12(2) was amended by section 2(3)(a) of the Police (Complaints and Conduct) Act 2012 (c.22) and paragraph 8(6)(a) of Schedule 14 to the Police Reform and Social Responsibility Act 2011. (2)The disciplinary action available at a misconduct meeting is, (3)The disciplinary action available at a misconduct hearing is, (a)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). Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (8)Where the appropriate authority assesses that the case amounts to practice requiring improvement, it must direct that the matter is dealt with under the reflective practice review process set out in Part 6. 55.(1)Where the officer concerned is an officer other than a senior officer, the accelerated misconduct hearing must be conducted by, (a)where the police force concerned is the metropolitan police force, an assistant commissioner, or. Regulation 17 is to be read as if in paragraph (1), (b)for sub-paragraph (e), there were substituted. certified Basic Police Academy within the 3 years prior to submissions of the application. whether it appears that the alleged gross misconduct has had an effect on relations between the public and the police, including relations between the members of the community where the alleged gross misconduct occurred and the police force concerned; the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and, When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are, whether it appears that the officer concerned should be prevented from future employment or appointment by a person mentioned in section 88C(5) of the 1996 Act (effect of inclusion in police barred list: persons who may not employ or otherwise appoint a barred person). in paragraph (3)(d)(ii), for (e) there were substituted (f). (2)The investigator must as soon as practicable after being appointed draw up the terms of reference of the investigation. (x)the fact that, if the allegation of gross misconduct is proved, the officer 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;; (ii)in sub-paragraph (c), after paragraph (i), and were omitted and there were inserted. a written report on the investigation to that point. 66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. prohibit the publication of any matter under regulation 39(3)(c). ), or. (4)Where the chair decides not to conduct a misconduct pre-hearing, the chair must determine the date, time and duration of the misconduct hearing, following consultation with the parties 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. (7)Any such objection must be made in writing to the appropriate authority 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. Any period of time specified in this Part in relation to an accelerated misconduct hearing may be reduced by agreement between the appropriate authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the accelerated misconduct hearing. any other matters that the Director General considers relevant. (b)a written report on the investigation to that point. (15)The person conducting or chairing the accelerated misconduct hearing must review the facts of the case and decide whether or not the conduct of the officer concerned amounts to gross misconduct. 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). 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. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (b)under regulation 23 a case is referred to a misconduct hearing. A warning ticket means that you did something illegal (e.g. (7)If the appropriate authority makes an assessment other than that the conduct if proved would amount to misconduct or gross misconduct. (a)in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; (b)in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. In accordance with section 63(3)(a) of the Police Act 1996(4), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations. (7)Where the appropriate authority or, as the case may be, the originating authority is required to publish the report in accordance with paragraph (6), it must do so as soon as practicable after the officer has been notified of the outcome of the proceedings under paragraph (2). at the beginning, there were inserted Subject to paragraph (6A),; misconduct or and or neither were omitted; in paragraph (2), for the words from amount, in the first place that word occurs, to the end, there were substituted not amount to gross misconduct, it must take no further action.; for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; after paragraph (6), there were inserted, The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or. determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). made at the accelerated misconduct hearing. A warning, whether written or verbal, is technically a waived traffic ticket. 38.(1)Subject to paragraph (6), in any case where, (a)paragraph 18 or 19 of Schedule 3 to the2002 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 andthe Director General. misconduct proceedings under Part 4 of these Regulations; an accelerated misconduct hearing under Part 5 of these Regulations, or. an allegation against a police officer which comes to the attention of a local policing body or a chief officer of police on or after 1st February 2020 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with, any of the Regulations and provisions in paragraph (1), or, 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(, P ceased to be a police officer before the allegation first came to the attention of a relevant body, and. I told the police officer that I was lost.blah blah blah. 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. 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). (a)in paragraph (1), after practicable there were inserted and subject to regulation 20A; (b)in paragraph (5), for the words from must to the end there were substituted must be reasonable.. 12. the appeal meeting must be postponed to the date or time proposed by the officer. a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. 36. 15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. (6)In this regulation legally qualified person means a person who satisfies the judicial-appointment eligibility condition on a 5-year basis(48). (8)The appropriate authority must comply with a direction given under paragraph (7). (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. (b)an invitation to provide an account of the matter that has been referred for review. (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. (3)The person conducting or chairing the misconduct proceedings must. for paragraph (2)(a) to (d), there were substituted paragraph (2)(a) to (c); paragraphs (4), (6), (8) and (10) were omitted; in paragraph (5), for the words from assess to the end, there were substituted take no disciplinary action for gross misconduct against the officer concerned.; for completed the assessment under paragraph (5), there were substituted determined there is no case to answer or that no misconduct proceedings will be brought; in subparagraph (a), for the outcome of its assessment, there were substituted its determination; in sub-paragraph (a), the words from of a form to the end were omitted; in sub-paragraph (b), of the form specified in the recommendation were omitted; in sub-paragraph (c), of a form specified in a recommendation were omitted; in the words after sub-paragraph (c), of the form specified were omitted. (Then the insurance companies will know.) This is the original version (as it was originally made). Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. There are amendments to paragraph 29, but none are relevant. (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. Physical Demands and Working Environment The conditions herein are representative of those that must be met by an employee to successfully perform the essential . (bb)would be entitled to attend the misconduct hearing under regulation 38(1). Paragraph 29 of Schedule 3 to the 2002 Act provides that, for the purposes of Part 3 of that Schedule, the Standards of Professional Behaviour are the standards described in and established by regulations made by the Secretary of State. Any period of time specified in this Part in relation to misconduct proceedings may be reduced by agreement between the appropriate authority or, as the case may be, the originating authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the misconduct proceedings. the power referred to in paragraph (9) to apply for an extension of the periods of time referred to in paragraphs (2) and (6) lies with the Director General and not with the appropriate authority or the originating authority. (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. 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 place at which the hearing will take place, and. (7)Where the appropriate authority publishes a report in accordance with paragraph (5), it must publish the notice on its website for a period of not less than 28 days. (viii)where relevant, the fact that the case has been referred to joint misconduct proceedings under regulation 25; (b)a copy of 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 which relates to the officer), and. the officer proposes an alternative date or time which satisfies paragraph (3). in submitting any information or by not submitting any information at all under regulation 54 (or, where paragraph 14 applies, regulation 18(1) or 31(2) or (3)) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, a period of 2 years beginning with the day on which it was notified to the officer concerned, or. (2)Where a direction is given under paragraph (1). (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. (b)advise the person conducting or, as the case may be, chairing the misconduct proceedings. gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. in paragraph (ii), misconduct or and , as the case may be were omitted; in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; after paragraph (vii), and were omitted; after paragraph (viii), there were inserted, the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. 105 is the number for Police non-emergencies. (b)if the officer concerned is present at the accelerated misconduct hearing or is participating in it by video link or other means in accordance with regulation 57(2), confer with the officer. ), any interested person. (3)The investigator or a nominated person must attend the misconduct proceedings on the request of the person conducting or chairing those proceedings to answer questions. (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.
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