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. (10)Where a final written warning is given under paragraph (3), the period in paragraph (9)(b) may be extended, by the persons considering the question of disciplinary action, to a maximum period of 5 years. (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. 6. (12)The person determining the appeal may impose such conditions as they see fit relating to the attendance of persons under paragraph (10) at the appeal meeting (including circumstances in which they may be excluded) in order to facilitate the proper conduct of the appeal meeting. In regulation 63(1), for sub-paragraph (c) there were substituted. in line with any restrictions imposed on the disclosure of information during the course of the proceedings. (a)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; (b)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). A written warning ticket is a document issued by law enforcement officers to let you know that they noticed an infraction on the road (speeding, parking, etc.). (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. (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).. after 18(1) there were inserted , 20A(2); for of the Complaints and Misconduct Regulations there were substituted or 21A(2) of the Complaints and Misconduct Regulations, as modified by regulation 42 of, and Schedule 2 to, those Regulations; in paragraphs (14) and (16), person or were omitted; for paragraph (15) there were substituted. Report a crime, contact us and other services, plus crime prevention advice, crime news, appeals and statistics. Part 3 deals with investigations. (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. I told the police officer that I was lost.blah blah blah. HMCIC or an inspector of constabulary nominated by HMCIC. (i)the contents of the written notice to be given under paragraph (1)(a) to the extent to which they relate to 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; (ii)the application of the harm test under paragraph (1)(c), and. an appeal from misconduct proceedings or from an accelerated misconduct hearing under the Police Appeals Tribunals Rules 2020(15), but, for the purposes of the following provisions, disciplinary proceedings only includes misconduct proceedings mentioned in paragraph (a) and a hearing mentioned in paragraph (b) of this definition. A warning ticket means that you did something illegal (e.g. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. (2)No interview may take place until the officer concerned has been provided with the terms of reference or, as the case may be, a written notice under regulation 17(2). (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). (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. (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. (3)The person conducting or chairing the misconduct proceedings must. Today was my first time getting pulled over. unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned. (a)the first relevant period is the period of 12 months beginning with the day on which the allegation first came to the attention of the appropriate authority; (b)each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period. Subject to regulation 66(1), were omitted; in sub-paragraph (b), or appeal meeting were omitted; in sub-paragraph (d), , meeting were omitted. Stay up to date with the latest community news written by award-winning editors and local reporters. They operate alongside the Police (Complaints and Misconduct) Regulations 2020 (S.I. (4)Where a matter is so referred for a further assessment, unless such further assessment is that the conduct, if proved, would amount to practice requiring improvement, the reflective practice review process must not be continued. (b)where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. 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; in paragraph (4), or an appeal meeting were omitted; in the opening words, or an appeal meeting were omitted; in sub-paragraph (b) only, and the words before it were omitted; in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; after paragraph (1), there were inserted. This is a debugging block . (2)Subject to paragraph (6), where under regulation 23 the appropriate authority refers two or more cases arising from the same matter or incident, which relate to more than one police officer, to a misconduct meeting, the cases may be referred to a joint misconduct meeting. Regulation 49 is to be read as if in paragraph (2)(b), for the words from cease to constable, there were substituted be included in the police barred list. (a) must have regard to the record of police service of the officer concerned as shown on the officer's personal record; (b) may receive evidence from any witness whose evidence would, in their. (11)The references to a period in paragraph (9)(a) and (b), including any such period as extended, if relevant, in accordance with paragraph (10), does not include any time when the officer is taking a career break (under regulation 33(12) of the Police Regulations (leave) and the determination of the Secretary of State made under that regulation)(1). (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). Verbal Warning Vs Written Warning By Police. (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. (6)This paragraph applies where it is decided at misconduct proceedings that the officers conduct amounts to misconduct and the decision is based on the officers conduct arising from more than one incident and those incidents are not closely factually connected. the Police (Conduct) (Amendment) Regulations 2014(, the Police (Conduct) (Amendment) Regulations 2015(, the following provisions of the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017(. (i)the chief officer of police of the police force concerned; (ii)a member of the same police force as the officer, or where the officer is a member of the metropolitan police force, serving in the same command as the officer, or. (e)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, as set out in the notice given in accordance with regulation 30(1)(a). (14)Where the question of disciplinary action is being considered, the person or persons considering it. 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). (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). 19.(1)Where an investigation is not completed within a relevant period, the appropriate authority must, subject to paragraph (3), provide as soon as practicable the following information in writing to the local policing body. #3. (3)Subject to paragraph (4), the person conducting or chairing the accelerated misconduct hearing may from time to time adjourn the hearing if it appears to the person to be necessary or expedient to do so. Regulation 12 is to be read as if for and decision on disciplinary action, there were substituted , any decision on disciplinary action for gross misconduct. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (4)Subject to paragraph (5), the panel of persons must comprise. (2)Where the question of disciplinary action for gross misconduct is being considered, the person or persons considering it, (iii)the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5); and, an opportunity to make oral or written representations, and. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. You have to know how to talk to the officer. (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. (3)Any person to whom this paragraph applies may make written representations to the person conducting or chairing the accelerated misconduct hearing in relation to. (2)Where the Director General so attends the misconduct proceedings. notify the officer concerned of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. For more information see the EUR-Lex public statement on re-use. Section 28A was inserted by section 2(1) and (2) of the Police (Complaints and Conduct) Act 2012 and amended by paragraphs 15 and 39 of Schedule 9 to the Policing and Crime Act 2017. reduction in rank, where paragraph (5) or (6) applies; dismissal without notice, where paragraph (5) or (6) applies; where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15), 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. the appeal meeting must be postponed to the date or time proposed by the officer. speeding), and the officer is letting you off with a warning instead of a citation or a fine. (b)an invitation to provide an account of the matter that has been referred for review. where the police force concerned is the metropolitan police force, an assistant commissioner, or. (c)provide the Director General with a copy of the written notice given under paragraph (1). having regard to the nature of the allegation and any other relevant considerations, the public interest requires that the officer should be so suspended. Police officers abide by police regulations, force policies and lawful orders. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. (2)A notice of enquiry given under paragraph (1) must, (a)state any question the investigator wishes to ask the officer concerned, and. (4)The misconduct proceedings must not, except in exceptional circumstances, be adjourned solely to allow the complainant or any witness or interested person to attend. ), or. 71. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. (6)If the chair upholds the objection, the person to whom the officer concerned objects must be replaced (in accordance with regulation 28). (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. (3)Any person to whom this paragraph applies may make written representations to the chair in relation to. (ii)a report will be submitted under regulation 21; (e)the reason for the length of time taken by the investigation, and. Condition C special determination: procedure, Before making a Condition C special determination the Director General must give a notification in writing to. (a)in paragraphs (1), (3), (5), (10) and (11) conducting or were omitted; (b)in paragraph (2), in relation to the form of misconduct proceedings taking place were omitted; (c)in paragraph (5), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; (d)in paragraph (8), (at a misconduct hearing) were omitted; (e)after paragraph (10), there were inserted. 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). 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, as set out in the notice given in accordance with regulation 30(1)(a). (11)In a case to which paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, the appropriate authority must consult withthe Director General, (a)in deciding whether or not to suspend the officer concerned under this regulation, and. 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. (3)If at any time during the fact-finding stage substantial evidence becomes available to the reviewer, which was not available to the appropriate authority when the matter was referred to be dealt with under the reflective practice review process, the reviewer must refer the matter to the appropriate authority for a further assessment under regulation 14. (iii)reduction in rank, where paragraph (5) or (6) applies; (iv)dismissal without notice, where paragraph (5) or (6) applies; (b)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15). (3)The appropriate 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 that report. (15)Within the period of 5 working days beginning with the date of the misconduct pre-hearing, the chair must serve on the parties a summary of the key matters discussed and a record of any directions issued. New provisions in this Part include, in particular, regulation 24, which provides for the Director General to decide to present a case on behalf of the appropriate authority; regulation 25, which makes provision about joint misconduct proceedings, where 2 or more cases arise from the same matter or incident; regulation 26 which provides for an appropriate authority to delegate functions in relation to the administration of a hearing to the chief officer of another police force; regulation 29, which specifies the role of the chair of the panel, in the case of a misconduct hearing, and regulation 33, which, where a matter is referred to a misconduct hearing, makes provision for a misconduct pre-hearing. 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. (4)An appeal under this regulation must be determined, (a)where the person who conducted the misconduct meeting was a member of a police force, by, (i)a member of a police force of at least one rank higher than that person, or. ), or. 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); comply with any direction given by the Director General in relation to the matters specified in paragraph (a), and. (a)in relation to the attendance at the proceedings of a person under regulation 40 or this regulation, exclude any person as they see fit from the whole or a part of those proceedings; (b)impose such conditions as they see fit relating to the attendance under regulation 40 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings, and. Section 9 was amended by section 33(2) and (4) of the Policing and Crime Act 2017 to provide that the body corporate known as the IPCC would continue to exist and would be known instead as the Independent Office for Police Conduct (IOPC). Part 1 Knowing What to Do When You're Pulled Over Download Article 1 Turn on your signal. 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. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (d)if so, and subject to paragraph (10), what form the misconduct proceedings should take. in paragraphs (1), (3), (5), (10) and (11) conducting or were omitted; in paragraph (2), in relation to the form of misconduct proceedings taking place were omitted; in paragraph (5), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; in paragraph (8), (at a misconduct hearing) were omitted; after paragraph (10), there were inserted. These Regulations are to be read as if regulations 45 to 47 were omitted. Written warning: If an officer issues you a written warning after pulling you over, there is a chance it will end up on your driving record. 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. in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (ii)if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; (iii)the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5), and.
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