where the officer is a member of a police force, a person nominated by the officers staff association. (7)Any such objection must be made in writing to the appropriate authority 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. the relevant lawyer representing the appropriate authority or, as the case may be, the originating authority, and. the appropriate authority must assess whether, if the matter were to be referred to misconduct proceedings under regulation 23, those would be likely to be a misconduct meeting or a misconduct hearing. (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. (3)The appropriate authority must consult the line manager of the officer concerned before making an assessment in terms of paragraph (2)(a) or (b). (3)Before referring a matter to the reflective practice review process or to be dealt with under the Performance Regulations, the appropriate authority must consult the line manager of the officer concerned. Part 2 contains general provisions including a statement of the harm test. (6)A person nominated by the Director General may, as an observer, attend a misconduct meeting which arises from a case to which, (a)paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, or, (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied and in relation to which the Director General. (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. Your letter will be placed in your personnel file along with the written warning. (b)that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) 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. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). Use professional pre-built templates to fill in and sign documents online faster. (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. (5)Where the officer concerned is a senior officer, for paragraph (4)(b) there is substituted. Different options to open legislation in order to view more content on screen at once. The reflective practice review process consists of 2 stages; a fact-finding stage (dealt with in regulation 68) and a discussion stage (dealt with in regulation 69). Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities. Mostly, these are not filed with courts; rather, it's just for your understanding and awareness of what happened. consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), and. (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. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23). (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. 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. Patrol officers are usually pulling over people to get into their cars to arrest them on something bigger, drugs, weapons, warrants. (15)The persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.; (i)in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. 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. the power referred to in paragraph (9) to apply for an extension of the periods of time referred to in paragraphs (2) and (6) lies with the Director General and not with the appropriate authority or the originating authority. (i)after sub-paragraph (d), and were omitted; (ii)in sub-paragraph (e), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; (iii)after sub-paragraph (e), there were inserted. 38.(1)Subject to paragraph (6), in any case where, (a)paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, or, (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied andthe Director General. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. If the violation is very minor and your tags are only recently expired, you may get away just with a verbal warning. the case must be dealt with in accordance with regulation 14; the investigation must be promptly concluded; the appropriate authority must as soon as practicable and in addition to any notice required under regulation 14(7), give the officer concerned notice in writing that, the notice given to the officer under regulation 17(1) has been withdrawn and no further action will be taken pursuant to that notice, 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. 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. 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, give written notice of the date, time and place of the misconduct pre-hearing to. complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. (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). Traffic warnings are generally only kept in police department computers, and are not reported in a way that your insurance company could find out about them. accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. (e)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). (13)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. Access essential accompanying documents and information for this legislation item from this tab. (d)any evidence of a kind referred to in regulation 45(2)(b) that the officer wishes to submit in support of the appeal. 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. 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. (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. (6)Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the chair for provision of such representations. (2)The disciplinary action available at a misconduct meeting is, (3)The disciplinary action available at a misconduct hearing is, (a)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to misconduct, in accordance with regulation 41(15). Police officers see slightly out-of-date tags all the time. where the investigation has been completed, on request and subject to the harm test, a copy of the investigators report or such parts of that report as relate to the officer. She only gave me a warning. Since it's a minor infraction, the officer can use discretion and decide to just give you a warning rather than the ticket. (12)In relation to an objection under paragraph (11) of this regulation. (13)Where the Director General has made a decision under regulation 24(1) to present a case. The term is defined as a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action. (5)The person conducting or chairing the misconduct proceedings may, at the persons discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer. give notice to the other that they do not propose any witnesses. paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, or, paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied andthe Director General. (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.
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