2012/2632, amended by S.I. We have to document the information relating to motor vehicle stops in which a ticket, citation, or warning (including Verbal Warnings) is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (14)Where this paragraph applies, the person or persons conducting the misconduct proceedings may draw such inferences from the failure as appear proper. 1965/536) to remove the prohibition on special constables giving notice of their retirement whilst suspended or retiring pursuant to a notice given before they were suspended. Section 88C was inserted by Schedule 8 to the Policing and Crime Act 2017 and subsection (5) of that section was amended by paragraph 65(1) and (3)(b) of Schedule 9 to that Act. (10)Where the question of disciplinary action is being considered, the person or persons considering it. (c)the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (b)subject to the harm test, give the officer a copy of the investigators report or such parts of that report as relate to the officer. Section 29(7)(b) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the Policing and Crime Act 2017, may, in respect of a person who ceased to be a police officer after section 29(2) and (3) of the 2017 Act came into force but whose alleged misconduct, inefficiency or ineffectiveness took place before that date, only make provision if the alleged misconduct, inefficiency or ineffectiveness is such that if proved there could be a finding in disciplinary proceedings that the person would have been dismissed had they still been a police officer. Police officers are honest, act with integrity and do not compromise or abuse their position. 35.(1)The appropriate authority must give the officer concerned written notice of the date, time and place of the misconduct proceedings. (9)The chair must determine whether it would be in the interests of justice for the application to be granted, provided that the date fixed for the commencement of the hearing must be within the period specified in paragraph (2), or such period as extended under paragraph (6)(a). (6)The investigator must give the officer concerned written notice of the date, time and place of the interview. where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. (a)the duty specified in paragraph (1) to supply any lists of witnesses or notice lies with the Director General and not with the appropriate authority or the originating authority; (b)the duty specified in paragraph (6) to supply the specified documents to the person conducting or chairing the misconduct proceedings lies with the Director General and not with the appropriate authority or the originating authority; (c)paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. Use professional pre-built templates to fill in and sign documents online faster. (a)the documents given to the person who held the misconduct meeting as specified in regulation 32(6); (b)the notice of appeal given by the officer concerned under regulation 45(3); (c)the record of the misconduct meeting taken under regulation 44(1), and. (b)wherethe Director Generalwas entitled to attend the misconduct meeting to make representations under regulation 38(1), or to nominate a person to attend the meeting as an observer under regulation 40(6), the Director General; (c)where the misconduct meeting arose from a complaint to which paragraph 19A of Schedule 3 to the2002 Act(special procedure where investigation relates to a police officer or special constable) applied, the complainant, and. (a)whether the officer concerned has a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act)(41) or gross misconduct or whether the officer has no case to answer; (b)where under paragraph (a) the appropriate authority determines that there is a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act), whether the case amounts to misconduct(42); (c)where there is a case to answer in respect of misconduct or gross misconduct, whether or not misconduct proceedings should be brought against the officer concerned, and. (4)In all cases referred to in paragraph (3) the notice of the right of appeal must be in writing and include the name of the person to whom an appeal should be sent. (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. the officer concerned must comply with paragraphs (2) and (3). (7)As soon as reasonably practicable after any such appointment, the chair must give a written notice to the officer concerned of the name of the new panel member and of the effect of paragraphs (8) and (9) of this regulation. where relevant, the fact that the case has been referred to joint misconduct proceedings under regulation 25; a copy of any statement the officer may have made to the investigator during the course of the investigation, and, the investigators report or such parts of that report as relate to the officer (together with any document attached to or referred to in that report which relates to the officer), and. determine the date, time and duration of the misconduct hearing, following consultation with the parties; consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; consider any documents supplied under regulation 32(6); consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, seek representations from the parties as to whether to. These Regulations are to be read as if after regulation 20 there were inserted. 55.(1)Where the officer concerned is an officer other than a senior officer, the accelerated misconduct hearing must be conducted by, (a)where the police force concerned is the metropolitan police force, an assistant commissioner, or. (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). in paragraph (1)(a), for is there were substituted was at the relevant time; in paragraph (3)(b), in the definition of originating authority, for is there were substituted was at the relevant time. (2)Before the end of 3 working days beginning with the first working day after the determination of the appeal, the appropriate authority must give the officer concerned written notice of that determination with a summary of the reasons. 70.(1)The reviewer must, following completion of the discussion stage, produce a reflective review development report. (4)Before the end of 3 working days beginning with the first working day after the date on which the officer concerned has complied with paragraph (2), the appropriate authority or, as the case may be, the originating authority, and the officer concerned must each, (a)supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. Amendment of the Special Constables Regulations 1965 and the Police Barred List and Police Advisory List Regulations 2017, Modifications to these Regulations in their application to former officers, the following definitions were inserted in the appropriate places. There is new provision in this regulation for a matter to be referred to be dealt with under the reflective practice review process under Part 6 of the Regulations (see description below). 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. if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; 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. (x)the fact that, if the allegation of gross misconduct is proved, the officer may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of a police force or a special constable;; (ii)in sub-paragraph (c), after paragraph (i), and were omitted and there were inserted. 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. (7)This paragraph applies to information in so far as the person conducting or chairing the misconduct proceedings considers that preventing disclosure of it to an attendee is. in paragraph (7), for the words from or to refer to the end, there were substituted or is required under paragraph (6A)(a) to take no action or no further action, it must so notify the officer concerned in writing as soon as practicable.. (i)a member of a police force of the rank of sergeant or above; (ii)a senior human resources professional, or. (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. 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. answered on Feb 7, 2023. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. 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. Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. (b)the officer proposes an alternative date or time which satisfies paragraph (6). the duty specified in paragraph (1) to supply any lists of witnesses or notice lies with the Director General and not with the appropriate authority or the originating authority; the duty specified in paragraph (6) to supply the specified documents to the person conducting or chairing the misconduct proceedings lies with the Director General and not with the appropriate authority or the originating authority; paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. These powers are subject to regulations made under section 50 of the 1996 Act (sections 38(7) and 48(7) of the 2011 Act). 2006/3449 and 2011/3026. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. 2020/2) which deal with public complaints and other discipline related matters arising under Schedule 3 to the 2002 Act. ENF-038, WRITTEN WARNING FORM . (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. (4)Where the appropriate authority assesses that the conduct, if proved, would amount to practice requiring improvement, it must refer the matter to be dealt with under the reflective practice review process set out in Part 6. (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. (3)The investigator must make a written record of any notice of enquiry and response received under this regulation.. a discussion of the practice requiring improvement and related circumstances that have been identified, and. Section 36(2) of the 2002 Act provides that in section 36 disciplinary proceedings means any proceedings under any regulations made under section 50 or, as the case may be, section 51 of the 1996 Act which are identified as disciplinary proceedings by those regulations. (b)the investigation of a complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable)(49) applied. 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). (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. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). in deciding, following a review, whether or not to end a suspension under this regulation. (2)Any such lists or notice must be supplied before the end of 10 working days beginning with the first working day after the parties supplied the lists or notice under regulation 31(4). (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or.