32. (iii)the originating authority, where functions have been delegated under regulation 26(1); (iv)the Director General, where the Director General. (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. 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. 13. If the ticket is reported to DPS, the revenue from the ticket is split, the municipality writing it keeping the smaller fraction. (9)Where, following a review under paragraph (8), the suspension conditions remain satisfied and the appropriate authority decides the suspension should continue, it must, before the end of 3 working days beginning with the day after the review, so notify the officer concerned in writing with a summary of the reasons. whether the chair should require notice to be given under paragraph (1); which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. That shows that you see and acknowledge there is a cop behind you and that you are looking for a place to pull over. (5)Paragraph (1) does not apply in a case where the Director General has made a decision under regulation 24(1) to present a case. (b)the officer concerned or the officers police friend may provide any relevant documents to the investigator. (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. Different options to open legislation in order to view more content on screen at once. 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. (4)The person chairing a misconduct hearing must provide any information to the appropriate 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(64) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).. means a document relating to any matter under investigation, and. 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. a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. in sub-paragraph (a), misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or were omitted; for sub-paragraphs (b) to (d), there were substituted. The investigator must make a written record of any notice of enquiry and response received under this regulation. any other documents that, in the opinion of the appropriate authority or, as the case may be, the originating authority should be considered at the misconduct proceedings. (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. (b)where written terms of reference are not provided under sub-paragraph (a), give the officer concerned written notice stating that the terms of reference are not being provided and explaining why. 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. 2017/1135) consequential on the revocation and replacement of the 2012 Regulations by these Regulations. Paragraph 23(5A) of Schedule 3 to the 2002 Act was inserted by paragraphs 9 and 26(1) and (2) of Schedule 5 to the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to that Act. 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. Paragraph 24(6) of Schedule 3 to the 2002 Act was substituted by section 127 of, and paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to, the Criminal Justice and Immigration Act 2008 and was amended by section 95 of, and paragraphs 1 and 14(1) and (3) of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 and section 16 of, and paragraphs 9, 27(1) and (2) and 47(h)(xiii) of Schedule 5 to, the Policing and Crime Act 2017. 04-06-2008, 03:39 AM. failed to mention, any fact relied on in the officers case at the accelerated misconduct hearing, 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 (13) applies. i did get a written warning (cop was really nice and dropped it from a ticket cuz he was . 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. 27.(1)Subject to paragraph (4), at any time before the beginning of the misconduct proceedings, the appropriate authority, (a)if it is no longer satisfied that there is a case to answer in respect of misconduct or gross misconduct, must direct that the case be withdrawn, and. (c)if the appropriate authority determines the officer has no case to answer, whether there may 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)in sub-paragraph (a), misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or were omitted; (ii)for sub-paragraphs (b) to (d), there were substituted. This duty arises at the end of each 6 month period thereafter. in paragraph (2), conducting or were omitted; in sub-paragraph (a), for conduct or, as the case may be, chair, there were substituted chair; in sub-paragraph (b), conducting or, as the case may be, were omitted; conduct or, as the case may be, were omitted; in paragraph (6), and (7) were omitted; in paragraph (1)(b), conducting or were omitted; in paragraph (2)(a), (b) and (c), misconduct or and , as the case may be were omitted; in paragraph (2)(c)(ii), person or were omitted. (a)if it is a misconduct hearing the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to those proceedings, and. (11)The officer concerned may object to the appointment of a person appointed under paragraph (9). (c)if they worked, directly or indirectly, under the management of the officer concerned at the relevant time; (i)for is a senior officer, if they are, there were substituted was a senior officer at the relevant time, if they were at that time; (ii)in paragraph (ii), for where the officer is a member of the metropolitan police force, there were substituted , where the officer was a member of the metropolitan police force at the relevant time. whether disciplinary action for gross misconduct was imposed. (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. (5)For the purposes of this regulation relevant prosecutor means the Director of Public Prosecutions or any other person who has or is likely to have responsibility for the criminal proceedings. A written warning from a police officer to a driver is in lieu of a traffic ticket. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. (18)Where the Director General has made a decision under regulation 24(1) to present a case, paragraph (7) must be read as if for The person representing the appropriate authority there were substituted The Director General. (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. the officer proposes an alternative date or time which satisfies paragraph (7). (4)The appropriate authority must send a copy of any report under this regulation to, (ii)was entitled to attend to make representations under regulation 58(1), and. This is the original version (as it was originally made). (3)The investigator or a nominated person must attend the accelerated misconduct hearing on the request of the person conducting or chairing the hearing to answer questions. Anyways, me and my gf continued on, and an hour or so later we pass through the same area again. (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. Regulation 15 is to be read as if in paragraph (3), (a)for sub-paragraph (c), there were substituted. 3.(1)Subject to paragraph (2), the following are revoked. (7)The appropriate authority must give written notice of the date, time and place of the appeal meeting to. (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. gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). (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. (b)where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. 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; where functions in relation to the administration of the hearing have been delegated under regulation 26(1), the details of the authority to whom they have been delegated; the name of the person appointed to conduct (in the case of a misconduct meeting for an officer other than a senior officer) or chair (in any other case) the misconduct proceedings and, in the case of a chair, confirmation that the person has been selected on a fair and transparent basis; the effect of paragraphs (3) to (6) of this regulation; the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. 49.(1)On receipt of a statement submitted by the investigator under regulation 21(3), the appropriate authority must determine whether the special conditions are satisfied. (b)orally, in which case the appropriate authority must confirm the suspension in writing with a summary of the reasons before the end of 3 working days beginning with the first working day after the suspension. (a)where the case is referred to a misconduct meeting, that meeting must be conducted by a person appointed by the appropriate authority in accordance with paragraph (3) who is not an interested party; (b)where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons appointed in accordance with paragraph (4). 45.(1)Where the officer concerned is an officer, other than a senior officer, whose case was decided at a misconduct meeting, the officer may, subject to the provisions of this regulation, appeal, (a)if the officer admitted the officers conduct amounted to misconduct, against any disciplinary action imposed under regulation 42, or. (3)The officer concerned may object to any person whom the officer is notified under the preceding provisions of this regulation is to conduct (other than as chair) the misconduct proceedings. When asked if I knew why I was stopped, I admitted to speeding. This Part does not apply to a case to which paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applies(38). (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. 72.(1)The Special Constables Regulations 1965(59) are amended as follows. (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. (2)Such discussion should take place as soon as reasonably practicable. Section 21 was amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), section 15 of the Policing and Crime Act 2017 and paragraphs 1 and 4 of Schedule 4 to, paragraph 47(d) of Schedule 5 to, and paragraphs 15 and 27 of Schedule 9 to that Act. before the end of 7 working days beginning with the first working day after being suspended; at any time during the suspension if the officer reasonably believes that circumstances relevant to the suspension conditions have changed. the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, the appropriate authority in all other cases, and. Answer (1 of 9): It will show on informal records held by the local police department. P ceased to be a police officer before the allegation first came to the attention of a relevant body; the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months, and. Following completion of the discussion stage, the reviewer must produce a reflective review development report, in accordance with regulation 70. consult each of the officers concerned as regards the timing of the misconduct meeting, and. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. (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. 13. (a)it relates to a person who ceased to be a police officer before 15th December 2017(36); or. (5)For the purposes of these Regulations, the making of a protected disclosure by a police officer is not a breach of the Standards of Professional Behaviour. Section 29(1) of the 2002 Act provides that for the purposes of Part 2 of that Act disciplinary proceedings in relation to a member of a police force or a special constable means proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations (paragraph (a) of the definition of disciplinary proceedings). Where the question of disciplinary action for gross misconduct is being considered, the persons considering it. where the officer concerned is an officer other than a senior officer, if the case was decided at a misconduct meeting, of the right of appeal under regulation 45, or, if the case was decided at a misconduct hearing, of the right of appeal to a police appeals tribunal(. (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. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. who is not an interested party, appointed by the appropriate authority. (ga)that it may harm the officers case if the officer fails to attend an interview of which the officer has been given notice under regulation 20(6) (interviews during investigation), and; (d)in sub-paragraph (h), after 18(1), there were inserted , 20A(2). 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. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. (6)No witnesses other than the officer concerned may give evidence at the accelerated misconduct hearing and the person conducting or chairing the accelerated misconduct hearing must determine whether and by whom the officer concerned can be questioned. any other document which might reasonably be considered capable of undermining or assisting the case. 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. Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice. #3. (9)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the misconduct proceedings. fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (3)Where cases are referred to joint misconduct proceedings, a reference to the officer concerned in regulations 26 to 44, if the context so requires, means. (b)the disciplinary proceedings would not be the first disciplinary proceedings to be taken against P in respect of the alleged gross misconduct unless they result from a re-investigation of the allegation (whether carried out under these Regulations or under the2002 Act) that begins not later than 12 months after the date on which P ceased to be a police officer. the name of the person appointed to determine the appeal under paragraph (4); the name of any person appointed under regulation 8(6) to advise the person determining the appeal, and. Most warnings are removed from police department computers after about a year. If you find the decision unfair but your employer fails to allow you to appeal, you may consider seeking a court resolution. Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. it must, if the investigation was incomplete, return the case to the investigator to complete the investigation or, in any other case, proceed in accordance with Part 4. address the hearing in order to do any or all of the following, respond on behalf of the authority to any view expressed at the accelerated misconduct hearing, and, respond on behalf of the officer to any view expressed at the accelerated misconduct hearing, and. has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). in relation to a member of a police force who is a senior officer, the Chief Police Officers Staff Association; Standards of Professional Behaviour has the meaning given in regulation 5 and references in these Regulations to the Standards of Professional Behaviour are to be construed accordingly(25); a day which is a bank holiday under the Banking and Financial Dealings Act 1971(26) in England and Wales. Paragraph 23(5A) was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to the Policing and Crime Act 2017. Report a crime, contact us and other services, plus crime prevention advice, crime news, appeals and statistics. necessary and proportionate for the protection of the welfare and safety of any informant or witness; a conduct matter under Schedule 3 to the 2002 Act(handling of complaints and conduct matters etc. (b)to the officer in accordance with regulation 51(1). To find more information on how to pay your infringement see pay your infringement. (6)The person representing the appropriate authority or, as the case may be, the originating authority may, (a)address the proceedings in order to do any or all of the following. 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. (2)Where the question of disciplinary action for gross misconduct is being considered, the persons considering it. Paragraph 24(6) was substituted by paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 1 and 14(1) and (3) of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraph 47(h)(xiii) of Schedule 5 to the Policing and Crime Act 2017. paragraph (a) of the definition of disciplinary proceedings in section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings etc. in paragraph (2), in both places where the words appear, conducting or were omitted; in paragraph (3)(a)(ii), in the case of a misconduct hearing, were omitted. Regulation 17 is to be read as if in paragraph (1), (b)for sub-paragraph (e), there were substituted. 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. (2)Before referring a case to misconduct proceedings or an accelerated misconduct hearing, the appropriate authority must decide whether misconduct proceedings or an accelerated misconduct hearing would prejudice any criminal 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. This is the original version (as it was originally made). (b)an invitation to provide an account of the matter that has been referred for review. the words from the beginning to panel, were omitted; for that panel there were substituted the panel; in paragraph (10), the words from or to to regulation 40(6), were omitted. (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.

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