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(ii)in sub-paragraph (c), the words from the beginning to 28(4), were omitted; (c)in paragraphs (4) and (7), conducting or were omitted. 48. 2005/2834, 2006/3449 and 2008/2865. 23.(1)Subject to regulation 49, on receipt of the investigators report under regulation 21(1), the appropriate authority must, as soon as practicable, determine. (3)Subject to regulation 39(3) and (5), the complainant or any interested person may attend the misconduct meeting as an observer. (10)Where the officer concerned is suspended under this regulation, the officer must remain so suspended until whichever of the following occurs first. 1996 c. 16. 7. 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. (9)Where a written warning or final written warning is given, that warning remains in force for, (a)a period of 18 months beginning with the day on which it was notified to the officer concerned, in the case of a written warning, or. (c)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. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. (7)A case in respect of which the Director General has made a decision to present a case under regulation 24(1) may only be referred to a joint misconduct hearing on the direction of the Director General, following consultation with the appropriate authority. For example, when a police officer pulls you over for running a stop sign, they will give you a document outlining the violation. 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. Your letter will be placed in your personnel file along with the written warning. in sub-paragraph (c), the words from the beginning to 28(4), were omitted; in paragraphs (4) and (7), conducting or were omitted. 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. 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. in relation to an officer who was a senior officer at the relevant time, the Chief Police Officers Staff Association;; (b)for paragraph (4), there were substituted. (b)in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 50.(1)Subject to paragraph (4), at any time after the case has been referred to an accelerated misconduct hearing but before the beginning of that hearing, the appropriate authority may direct that the case be dealt with under Part 4 if it considers that the special conditions are no longer satisfied. (iii)a designated police volunteer serving in that force. (3)Where the person conducting or chairing the misconduct meeting decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, they must provide written notification of the reasons for that decision to the authority and the officer. (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. (2)Such discussion should take place as soon as reasonably practicable. 20.(1)Where an investigator wishes to interview the officer concerned as part of the investigation, the investigator must, if reasonably practicable, agree a date and time for the interview with the officer. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act. (b)notify the officer concerned of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. in line with any restrictions imposed on the disclosure of information during the course of the proceedings. (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). (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body, and. Once a police officer determines that your driver is in violation of a traffic or safety law, they can give a warning or a citation. (4)Where the Director General has made a decision under regulation 24(1) to present a case, the duty specified in paragraph (1) to supply the specified documents to the person conducting or chairing the accelerated misconduct hearing lies with the Director General and not with the appropriate authority. reviewer means the person who is conducting the reflective practice review process. (a)consult the Director General about the contents of the written notice to be given under paragraph (1) and on the application of the harm test under paragraph (1)(c); (b)comply with any direction given by the Director General in relation to the matters specified in paragraph (a), and. There is provision for a matter to be referred to be dealt with under this process by the appropriate authority when making a severity assessment (under regulation 14(4)) or, following an investigation, under regulation 23(8) and by a person or persons conducting misconduct proceedings, under regulation 42(1)(b). the officer proposes an alternative date or time which satisfies paragraph (6). Part 7 also amends the Police Barred List and Police Advisory List Regulations 2017 (S.I. (iii)respond on behalf of the authority to any view expressed at the proceedings; (iv)make representations concerning any aspect of proceedings under these Regulations, and, (v)subject to paragraph (10), ask questions of any witnesses, and, (7)The person representing the officer concerned may, (a)address the proceedings in order to do all or any of the following. 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. gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings), there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes gross misconduct, and. any arguments on points of law they wish to be considered by the person or persons conducting the accelerated misconduct hearing; a copy of any document they intend to rely on at the accelerated misconduct hearing. 10.(1)Subject to the provisions of this regulation, proceedings under these Regulations must proceed without delay. (12)In relation to an objection under paragraph (11) of this regulation. the conduct, if proved, would amount to practice requiring improvement; the matter should be referred to be dealt with under the Performance Regulations, or. [1] 2 Move to the side of the road as quickly as possible. (8)Where the appropriate authority or the originating authority publishes a report in accordance with paragraph (6), it must publish the report on its website for a period of not less than 28 days. (12)Where evidence is given or considered at the accelerated misconduct hearing 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. 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. 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. 11.(1)The appropriate authority may, subject to the provisions of this regulation, suspend the officer concerned from the office of constable and (in the case of a member of a police force) from membership of the force(37). (4)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(63) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).. (b)makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(35) in relation to a matter on or after 1st February 2020. these Regulations apply regardless of when the complaint or matter came to the attention of the appropriate authority. Police officers act with fairness and impartiality. (2)Where the officer concerned informs the person conducting or chairing the misconduct proceedings in advance that the officer is unable to attend on grounds which the person conducting or chairing those proceedings considers reasonable, that person may allow the officer to participate in the proceedings by video link or other means. 62.(1)Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned amounts to gross misconduct, they must impose disciplinary action, which, subject to the provisions of this regulation, may be. (11)On receipt of such an application the person conducting or chairing the misconduct proceedings must determine whether the period should be extended and if so by how long. (5)At the beginning of the accelerated misconduct hearing, the person conducting or chairing the accelerated misconduct hearing must give the officer the opportunity to say whether or not the officer accepts that the officers conduct amounts to gross misconduct. You can receive a warning for violations witnessed by a cop or by a camera system. there was a serious breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action. Today was my first time getting pulled over. (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. in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. Police officers abide by police regulations, force policies and lawful orders. Citations go into the legal system and can be pursued or defended in state court. A warning for a traffic infraction is a reprieve, but it should also be viewed as a wake-up call. (10)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. the case amounts to practice requiring improvement; inform the officer concerned of the outcome of its assessment, and. They do not affect your insurance premium. determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (17)At an accelerated misconduct hearing conducted by a panel, any decision must be based on a majority but must not indicate whether it was taken unanimously or by a majority. (b)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. the period of 10 working days referred to in paragraph (2); the period of 10 working days referred to in paragraph (6). (a)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; (b)in paragraph (4), or an appeal meeting were omitted; (i)in the opening words, or an appeal meeting were omitted; (ii)in sub-paragraph (b) only, and the words before it were omitted; (d)in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; (b)after paragraph (1), there were inserted. (a)a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; (b)a reference to a copy of a statement, where it was not made in writing, is to be construed as a reference to a copy of an account of that statement. (13)Where this paragraph applies, the person conducting or chairing the accelerated misconduct hearing may draw such inferences from the failure as appear proper. a statement of the investigators belief and the grounds for it; a written report on the investigation to that point, and. 15. (3)The reflective practice review process consists of a fact-finding stage and a discussion stage, followed by the production of a reflective review development report. any other person nominated by the officer concerned and approved by the chief officer of the police force concerned. after sub-paragraph (b), and were inserted; for sub-paragraphs (c) and (d) there were substituted, indicate the investigators opinion as to whether. Paragraph 6(2A) to (2E) of Schedule 3 to the 2002 Act was inserted by paragraphs 5 and 6(1) and (3) of Schedule 5 to the Policing and Crime Act 2017. (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. (4)The appropriate authority may not suspend a police officer under this regulation unless the following conditions (the suspension conditions) are satisfied, (a)having considered temporary redeployment to alternative duties or an alternative location as an alternative to suspension, the appropriate authority has determined that such redeployment is not appropriate in all the circumstances of the case, and, (b)it appears to the appropriate authority that either, (i)the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. These Regulations revoke and replace the Police (Conduct) Regulations 2012 (S.I. (9)Where the person representing the officer concerned is a relevant lawyer, the police friend of the officer may also confer with the officer in the circumstances mentioned in paragraph (8)(b). RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . 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. the documents that may be provided under paragraph (1)(c)(ii); comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. each time a new Written Warning form book is issued. 33.(1)Where the person chairing a misconduct hearing (the chair) has decided under regulation 29(3) to conduct a misconduct pre-hearing, the chair must as soon as practicable, (a)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, (b)give written notice of the date, time and place of the misconduct pre-hearing to. (6)Cases may only be referred to joint misconduct proceedings where all or none of the officers concerned are senior officers. (iii)the documents that may be provided under paragraph (1)(c)(ii); (b)comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. 2006/3449 and 2011/3026. (6)The officer concerned may object to any person whom the officer is notified under this regulation is to. the misconduct pre-hearing must be postponed to the date or time proposed by the officer. 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. (b)in deciding, following a review, whether or not to end a suspension under this regulation. (c)the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate. Regulation 16 is to be read as if misconduct or, in both places where those words appear, were omitted. Police officers are diligent in the exercise of their duties and responsibilities. (b)at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). (d)having determined that the officer has a case to answer in respect of misconduct and that the case does not fall under sub-paragraphs (a), (b) or (c), those proceedings must be a misconduct meeting. (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. the interview must be postponed to the date or time proposed by the officer. Paragraph 29 of Schedule 3 to the 2002 Act was inserted by section 127 of, and paragraphs 1, 3 and 19 of Schedule 23 to, the Criminal Justice and Immigration Act 2008 and amended by section 95 of, and paragraphs 1, 5 and 21 of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 and by section 16 of, and paragraph 47(h)(xxvi) of Schedule 5 to, the Policing and Crime Act 2017. (2)Where the Director General so attends the misconduct proceedings. (3)The reviewer must send a copy of the report to the appropriate authority. (2)The appropriate authority or, as the case may be, the originating authority, must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of, (a)the report submitted under paragraph (1), and. (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. (3)If at any time during the investigation the investigator believes that the appropriate authority would, on consideration of the matter, be likely to determine that the special conditions are satisfied, the investigator must, whether or not the investigation is complete, submit to the appropriate authority, (a)a statement of the investigators belief and the grounds for it, and. (5)The following are entitled to attend the misconduct pre-hearing, (d)the relevant lawyer representing the appropriate authority or, as the case may be, the originating authority, and. (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. whether, and (if so) the extent to which, the person conducting or chairing the accelerated misconduct hearing should exclude any person from the whole or part of the hearing under regulation 59(2)(a); whether the person conducting or chairing the accelerated misconduct hearing should impose any conditions under regulation 59(2)(b); whether the person conducting or chairing the accelerated misconduct hearing should give directions prohibiting the publication of any matter relating to the proceedings under regulation 59(2)(c); whether the person conducting or chairing the accelerated misconduct hearing should require notice to be given under paragraph (1); written notice of whether or not they accept that their conduct amounts to gross misconduct; where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; where they do not accept that their conduct amounts to gross misconduct, written notice of. (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). whether it appears that the alleged gross misconduct amounts to a criminal offence; whether it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct and, if so, the extent and seriousness of the harm; where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; whether it appears that the alleged gross misconduct was intentional; whether it appears that the purpose or one of the purposes of the alleged gross misconduct was personal gain or benefit for the officer concerned; whether it appears that the alleged gross misconduct is aggravated by discriminatory behaviour on the grounds of a persons race, gender, disability, age, religion or belief, sexual orientation or gender identity; whether it appears that the officer concerned acted with one or more other persons serving with the police within the meaning of section 12(7)(a) or (c) of the 2002 Act (member of a police force or special constable under the direction and control of a chief officer); the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; whether it appears that the officer concerned has taken steps to prevent the alleged gross misconduct being identified or to obstruct investigations into it, other than lawful steps in the officers defence; whether it appears that the alleged gross misconduct has had an adverse effect on community relations; whether it appears that there are mitigating circumstances arising out of the health (whether physical or mental) of the officer concerned at the time of the alleged gross misconduct, and. (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). having determined that the officer has a case to answer in respect of misconduct and that the case does not fall under sub-paragraphs (a), (b) or (c), those proceedings must be a misconduct meeting. it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. (14)Where this paragraph applies, the person or persons conducting the misconduct proceedings may draw such inferences from the failure as appear proper. paragraph (a) of the definition of disciplinary proceedings in section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings etc. (2)The appropriate authority must appoint a person to investigate the matter. (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. A notice of enquiry given under paragraph (1) must, state any question the investigator wishes to ask the officer concerned, and. 67.(1)Where a matter is referred to the reflective practice review process, the reviewer must as soon as practicable provide the following to the participating officer, (a)details of the matter that has been referred and the circumstances that are being considered, and. 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 (14) applies. Certain crimes require an officer to take action domestic violence, for instance. (b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither. where the officer concerned was a special constable at the relevant time, the police force maintained for the police area for which the officer was appointed at that time;; (i)for the definition of police officer, except in its application to regulations 4, 7 and 8, there were substituted. after regulation 18(1) there were inserted , 20A(2); after regulation 20 there were inserted or 21A(2); after Regulations, there were inserted (as modified by regulation 42 of and Schedule 2 to those Regulations). (b)the officer proposes an alternative date or time which satisfies paragraph (5). in paragraph (1)(a), misconduct or were omitted; in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; 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; in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. 72.(1)The Special Constables Regulations 1965(59) are amended as follows. fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. (i)necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings; (ii)necessary in the interests of national security; (iii)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (iv)necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters; (v)necessary and proportionate for the protection of the welfare and safety of any informant or witness; (vi)otherwise in the public interest, and.