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(2)Wherethe Director General has made a decision under regulation 24(1) to present a case or is entitled to attend the accelerated misconduct hearing to make representations under regulation 58(1), the appropriate authority must notify the Director General of the date, time and place of the hearing. (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). 5. (d)any other matters that the Director General considers relevant. Part 7 amends the Special Constables Regulations 1965 (S.I. 9. accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. an employee of the Common Council of the City of London who is under the direction and control of a chief officer; practice requiring improvement means underperformance or conduct not amounting to misconduct or gross misconduct, which falls short of the expectations of the public and the police service as set out in the Code of Ethics issued by the College of Policing under section 39A of the Police Act 1996 (codes of practice for chief officers)(23); pre-commencement allegation means an allegation against a police officer which came to the attention of a local policing body or a chief officer of police before 1st February 2020; proposed witness means a witness whose attendance at the misconduct proceedings the officer concerned or the appropriate authority, as the case may be, wishes to request of the person conducting or chairing those proceedings; reflective practice review process means the process set out in Part 6; relevant lawyer has the meaning given to it by section 84(4) of the 1996 Act (representation etc. (5)For the purpose of section 84(4) of the 1996 Act (power to prescribe the panel for the purpose of representation at proceedings), the panel of persons or the person specified by this regulation to conduct an accelerated misconduct hearing is prescribed as the panel. (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 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. (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. notify the officer concerned of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. (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. at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). (8)The appeal meeting must not be held until the person determining the appeal has received a copy of the documents under regulation 45(13). (a)a summary of the issue and any relevant background circumstances; (b)a summary of the reflective practice review discussion; (c)key actions to be undertaken within a specified time period; (d)any lessons identified for the participating officer; (e)any lessons identified for the line management or police force concerned; (f)a specified period of time for reviewing the report and the actions taken. (c)the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. (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. (6)Where the appropriate authority is to proceed in accordance with Part 4, regulation 23(1) must be read as if the words Subject to regulation 49, on receipt of the investigators report under regulation 21(1), were omitted. returned my license to . Section 88B was inserted by Schedule 8 to the Policing and Crime Act 2017. conduct or, as the case may be, chair the misconduct proceedings, or. However, the police officer is within their right to write you a ticket for the expired tags as well. (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. 41.(1)The person conducting or chairing the misconduct proceedings must determine the procedure at those proceedings and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (b)in line with any restrictions imposed on the disclosure of information during the course of the proceedings. Part 4 makes provision about misconduct proceedings. 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; 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). 20A.(1)Where the investigator is satisfied that, having regard to the circumstances of the officer concerned, it would be unreasonable to require the officer to attend an interview, the investigator may cause the officer concerned to be given a written notice of enquiry. Physical Demands and Working Environment The conditions herein are representative of those that must be met by an employee to successfully perform the essential . 47.(1)The person determining the appeal may. (4)Where the appropriate authority delegates its functions under regulation 49, a decision under that regulation as to whether to certify a case as one where the special conditions are satisfied must be authorised by a senior officer.. the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. So, you might be given a warning for driving slightly over the speed limit, or driving with a faulty tail light. (ii)unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than that person; (b)where the person who conducted the misconduct meeting was a police staff member, by, (i)a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. whether disciplinary action for gross misconduct was imposed. 16.(1)The purpose of the investigation is to, (a)gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. the officer concerned may provide a written or oral statement relating to any matter under investigation to the investigator, including any mitigating circumstances relevant to any such matter, and. (3)In a case where the misconduct proceedings have been delayed by virtue of regulation 10(3), as soon as practicable after, (a)the appropriate authority considers that such proceedings would no longer prejudice any criminal proceedings, or. (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. a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; 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. who is not otherwise involved in the matter, to act as a police friend. the officer concerned or the officers police friend will not be available, and. (c)a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. 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 (7) applies except in so far as it specifies the period of time for making an objection; the objection must be made before the end of 3 working days beginning with the first working day after the officer concerned is given the notice referred to in paragraph (10); paragraphs (8) to (10) apply, with the exception of the requirement in paragraph (10) for the appropriate authority to give written notice of the effects of paragraphs (11) and (12). (b)the complainant and any interested person, in any case to which regulation 40 applies. 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. (12)Reduction in rank may only be imposed under this regulation where the persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority or, as the case may be, the originating authority, including in relation to the likely operational impact. (c)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. (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by appropriate authority on its own behalf) applied andthe Director General. (b)where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). (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). the complainant and any interested person, in any case to which regulation 40 applies. 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. 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. to the officer concerned in accordance with regulation 30(1). A person given a notification under paragraph (1) may, within the period of 21 days beginning with the day on which the notice is given or such longer period as the Director General may agree with that person, provide a written statement and any document which the person wishes the Director General to take into account for the purposes of the Condition C special determination. The police officer gives these warnings as a wake-up call for the traffic law violator so that he or she can reflect back and determine why they were pulled over in the first place. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (b)fall before the end of 5 working days beginning with the first working day after the day specified by the person conducting or chairing the misconduct meeting. 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; each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period. (16)The parties must comply with any directions issued under paragraph (15). (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. (6)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).. 48. (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. (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. (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. (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. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. 72.(1)The Special Constables Regulations 1965(59) are amended as follows. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. (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. Police officers abide by police regulations, force policies and lawful orders. prohibit the publication of any matter under regulation 39(3)(c). paragraph (a) of the definition of disciplinary proceedings in section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings etc. Section 87(5) of the 1996 Act provides that for the purposes of section 87 disciplinary proceedings in relation to a member (or former member) of a police force or a special constable (or former special constable) means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations. (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. in so far as the authority considers redaction is. Condition C person means a person in relation to whom regulation 4(2)(a) and (5)(a) and (b) is satisfied;; Condition C special determination has the meaning given in regulation 4A(2);; disciplinary action for gross misconduct means a finding that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable;; relevant time means the time immediately before the officer concerned ceased to be a member of a police force or a special constable;; (ii)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; (iii)in the definition of allegation, for , conduct matter or practice requiring improvement there were substituted or conduct matter; (iv)for the definition of appropriate authority, there were substituted, appropriate authority means, subject to regulation 26(3), where the officer concerned was. (a)in relation to the attendance at the hearing of a person under this regulation, exclude any person as they see fit from the whole or a part of it; (b)impose such conditions as they see fit relating to the attendance under this regulation of any person at the hearing in order to facilitate the proper conduct of it, 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. (3)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. they are satisfied on the balance of probabilities that this is the case, or. 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. (7)The appropriate authority must give written notice of the date, time and place of the appeal meeting to. 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.). 34. (2)The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b).. (2)Subject to paragraph (4), where a date and time is specified under paragraph (1) and, (a)the officer concerned or their police friend will not be available, and. (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. (a)consider any lists of proposed witnesses; (b)consider any documents supplied under paragraph (6), and. (b)in the case of joint misconduct proceedings, copied to each other officer concerned. ), or. (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). (2)As soon as practicable after any person has been appointed under regulation 8(6) to advise the person conducting or chairing the misconduct proceedings, the appropriate authority must give the officer concerned written notice of the name of that person and of the effect of paragraphs (3) to (6) of this regulation. provided under regulation 53(3) or (5), or. (8)Any such application must set out the reasons for the application. revised terms of reference under paragraph (5), 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. The Standards of Professional Behaviour established are the standards of professional behaviour described in Schedule 2. If you get pulled over for a traffic violation, police officers have the option of giving you a written warning in lieu of a ticket. (b)stating the grounds of appeal and whether a meeting is requested. (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. These Regulations are to be read as if for regulation 42 there were substituted, 42.(1)The persons conducting a misconduct hearing may, subject to the provisions of this regulation, (a)where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. in paragraph (2)(a), if it is a misconduct hearing were omitted; in paragraphs (2)(c), (3) and (4), conducting or were omitted. 6. #3. (11)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (9). There was another amendment of that section but it is not relevant. Most warnings are removed from police department computers after about a year. 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. 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. address the proceedings in order to do any or all of the following. (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. 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. the report submitted under paragraph (1), and. (6)This paragraph applies for so long as the investigator considers that giving. (10)Subject to the provisions of this regulation, any interested person or complainant entitled to be given notice of the appeal meeting under paragraph (7) may attend the appeal meeting as an observer. This is a debugging block . (3)Where no date and time is agreed under paragraph (1), the investigator must specify a date and time for the interview.