(5)When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are. a person selected in accordance with regulation 28(4)(c). (14)Where the question of disciplinary action is being considered, the person or persons considering it. (b)an invitation to provide an account of the matter that has been referred for review. 11. 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. any evidence of a kind referred to in regulation 45(2)(b) that the officer wishes to submit in support of the appeal. (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. 1965/536 to which there are amendments not relevant to these Regulations. (2)Where the Director General has made a decision under regulation 24(1) to present a case, the officer concerned must provide the Director General with a copy of the documents they have provided in accordance with paragraph (1). (ii)the investigation has been concluded. (i)at the beginning, there were inserted Subject to paragraph (6A),; (ii)misconduct or and or neither were omitted; (b)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.; (ii)for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; (e)in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; (f)after paragraph (6), there were inserted, (6A)The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , (a)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. There was another amendment of that section but it is not relevant. Regulation 33 was amended by S.I. (3)The person appointed by the appropriate authority under paragraph (1)(a). (9)Prior to publication of a report under paragraph (6) the appropriate authority or, as the case may be, the originating authority may, subject to paragraph (12), redact the document, (a)in so far as the authority considers redaction is. A notice of enquiry given under paragraph (1) must, state any question the investigator wishes to ask the officer concerned, and. (2)Subject to regulation 49, on receipt of a report submitted under paragraph 22 of Schedule 3 to the2002 Act(final reports on investigations)(39), in making a determination under paragraph 24(6) of that Schedule (action in response to an investigation report)(40) as to what action to take in respect of matters dealt with in that report, the appropriate authority must, as soon as practicable determine. regulation 1 in so far as it applies to the 2012 Regulations; regulation 2(1) and (3) (transitional provision); Part 2 (amendment of the 2012 Regulations); Schedule 1 (modifications to the 2012 Regulations). 63.(1)The person conducting or chairing the accelerated misconduct hearing must, before the end of a period of 5 working days beginning with the first working day after the completion of the accelerated misconduct hearing, submit a report to the appropriate authority, setting out. (ii)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; (iii)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; (iv)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; (v)the effect of paragraphs (3) to (6) of this regulation; (vi)the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; (vii)where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. (2)The only grounds of appeal under this regulation are that. Paragraph 16 was amended by paragraphs 11 and 14 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011, paragraphs 8 and 17 of Schedule 6 to the Crime and Courts Act 2013 (c. 22) and paragraphs 9 and 16 of Schedule 5 to the Policing and Crime Act 2017; paragraph 18 was amended by paragraphs 1, 11 and 16 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and by paragraphs 9, 15, 18 and 19 of Schedule 5 to the Policing and Crime Act 2017; paragraph 19 was amended by paragraphs 1, 11 and 17 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 9, 15, 20 and 56 of Schedule 9 to the Policing and Crime Act 2017. (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. 2012/2632) (the 2012 Regulations), with a number of changes, in part to reflect changes made to the handling of police complaints and police disciplinary matters made by the Policing and Crime Act 2017 (2017 c. 3). (17)At an accelerated misconduct hearing conducted by a panel, any decision must be based on a majority but must not indicate whether it was taken unanimously or by a majority. (8)The appropriate authority must comply with a direction given under paragraph (7). where the officer is a member of a police force, a person nominated by the officers staff association. (11)The person conducting or chairing the accelerated misconduct hearing may allow any document to be considered at the hearing notwithstanding that a copy of it has not been supplied, (a)by the officer concerned to the appropriate authority in accordance with regulation 54, or. This duty arises at the end of each 6 month period thereafter. paragraph (4) 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 has been given the notice referred to in paragraph (7); 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). a person appointed by the local policing body, selected on a fair and transparent basis from a list of candidates maintained by the local policing body for the purpose of these Regulations. (10)The person chairing the misconduct hearing may dispense with the requirement under paragraph (6) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (9)(a) or (b). (3)Where the person conducting or chairing the misconduct meeting decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, they must provide written notification of the reasons for that decision to the authority and the officer. (6)In paragraph (3)(c), vulnerable person means a person who, by reason of age, disability or ill-health, is, or may be, unable to. 13. (3)Where no date and time is agreed under paragraph (1), the investigator must specify a date and time for the interview. 28.(1)Where the officer concerned is an officer other than a senior officer. (14)This paragraph applies where the case was certified as one where the special conditions are satisfied following a determination made under regulation 49(3), being a case where misconduct proceedings have been delayed by virtue of regulation 10(3). (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). (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. (a)whether, and (if so) the extent to which, the person conducting or chairing the accelerated misconduct hearing should exclude any person from the whole or part of the hearing under regulation 59(2)(a); (b)whether the person conducting or chairing the accelerated misconduct hearing should impose any conditions under regulation 59(2)(b); (c)whether the person conducting or chairing the accelerated misconduct hearing should give directions prohibiting the publication of any matter relating to the proceedings under regulation 59(2)(c); (i)whether the person conducting or chairing the accelerated misconduct hearing should require notice to be given under paragraph (1); (5)Written representations, in relation to the matters specified in paragraph (3)(a) to (c), may also be made by any representative of the media to the person conducting or chairing the accelerated misconduct hearing. (b)request a response to any such question from the officer concerned within a specified period. (b)it is in the public interest for the officer concerned to cease to be a member of a police force or a special constable without delay. 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; 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. It is not reported to the DMV and does not appear on the driving history of the individual. (i)regulation 1 in so far as it applies to the 2012 Regulations; (ii)regulation 2(1) and (3) (transitional provision); (iii)Part 2 (amendment of the 2012 Regulations); (iv)Schedule 1 (modifications to the 2012 Regulations). (10)Where the question of disciplinary action is being considered, the person or persons considering it. (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. (2)Where the officer concerned informs the person conducting or chairing the misconduct proceedings in advance that the officer is unable to attend on grounds which the person conducting or chairing those proceedings considers reasonable, that person may allow the officer to participate in the proceedings by video link or other means. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. (17)At misconduct proceedings conducted by a panel, any decision must be based on a majority but must not indicate whether it was taken unanimously or by a majority. This is the original version (as it was originally made). (7)At a misconduct meeting or an appeal meeting, the person appointed under paragraph (6) must not be a relevant lawyer. (8)The officer concerned must attend the interview. to the officer concerned in accordance with regulation 30(1). the complainant and any interested person, in any case to which regulation 60 applies. 56.(1)Prior to the accelerated misconduct hearing the appropriate authority must supply the person conducting or chairing the accelerated misconduct hearing with a copy of. (c)paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the chair to give written notice of the effects of paragraphs (8) and (9). (e)necessary and proportionate for the protection of the welfare and safety of any informant or witness; 40.(1)This regulation applies in the case of misconduct proceedings arising from, (a)a conduct matter under Schedule 3 to the 2002 Act(handling of complaints and conduct matters etc. (c)subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (2)An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations. 72.(1)The Special Constables Regulations 1965(59) are amended as follows. These Regulations are to be read as if regulation 34 were omitted. (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). in sub-paragraph (h), after 18(1), there were inserted , 20A(2). In regulation 63(1), for sub-paragraph (c) there were substituted. the appropriate authority must, subject to regulation 49(3) and paragraph (10) and unless the appropriate authority must refer the case to misconduct proceedings in accordance with paragraph (9), make a further determination as to the matters set out in paragraph (1)(a) to (c) or, as the case may be, paragraph (2)(a) to (d). )(16); paragraph (a) of the definition of disciplinary proceedings in section 29(1) of the 2002 Act (interpretation of Part 2)(17); section 36(2) of the 2002 Act (conduct of disciplinary proceedings)(18); document means anything in which information of any description is recorded; gross misconduct means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal; harm test has the meaning given to it in regulation 6; HMCIC means Her Majestys Chief Inspector of Constabulary appointed under section 54(1) of the 1996 Act (appointment and functions of inspectors of constabulary); human resources professional means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force; informant means a person who provides information to an investigation on the basis that the persons identity is not disclosed during the course of the disciplinary proceedings; interested party means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations; interested person means a person who has an interest in being kept properly informed about the handling of a complaint or conduct matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons)(19); appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations)(20), as the case may be; line manager means the police officer or the police staff member who has immediate supervisory responsibility for the officer concerned; misconduct, other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action; misconduct hearing means a hearing to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or gross misconduct or neither and whether disciplinary action should be imposed; misconduct meeting means a meeting to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or not and whether disciplinary action should be imposed; misconduct proceedings means a misconduct meeting or misconduct hearing; officer concerned means the police officer in relation to whose conduct there has been an allegation; originating authority has the meaning given to it in regulation 26(3); personal record means a personal record kept under regulation 15 of the Police Regulations (contents of personal records)(21); police barred list means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list)(22); the police force of which the officer concerned is a member, or. (a)having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; (b)where the officer had a final written warning in force at the date of the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations (special procedure: severity assessment), those proceedings must be a misconduct hearing; (c)where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(45) or these Regulations less than 2 years prior to the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations, those proceedings must be a misconduct hearing, and. advise the officer concerned throughout the proceedings under these Regulations; represent the officer at the misconduct proceedings or accelerated misconduct hearing or appeal meeting, unless the officer has the right to be legally represented and chooses to be so represented; make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and. On Friday, I was driving back to the office midday and a police officer pulled me over. where the police force concerned is the metropolitan police force, an assistant commissioner, or. 3.(1)Subject to paragraph (2), the following are revoked. 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. (a)the finding of the person or persons conducting the misconduct proceedings; (d)any direction that the matter be dealt with under the reflective practice review process. includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed. (b)a copy of any such document, where it has not already been supplied. Traffic guys like DUI's, tickets and do accident investigations. Regulation 13 provides that this Part does not apply to a case to which paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act applies (investigations by an appropriate authority on its own behalf and investigations directed or undertaken by the Director General). (b)the period between the date P ceased to be a police officer and the date the allegation first came to the attention of the relevant body did not exceed 12 months. The Standards of Professional Behaviour established are the standards of professional behaviour described in Schedule 2. (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. 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. Sections 38(2) and 48(1) of the Police Reform and Social Responsibility Act 2011 provide respectively the Police and Crime Commissioner for a police area with a power to suspend the chief constable of the police force for that area and the Mayors Office for Policing and Crime with a power to suspend the Commissioner of Police of the Metropolis. in any other case, before the end of 4 weeks beginning with the first working day after the previous notification. 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. the date on which the allegation came to the attention of the appropriate authority; the date on which notice was given under regulation 17(1); a report will be submitted under regulation 21; the reason for the length of time taken by the investigation, and. (a)the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); (b)any statement the officer may have made to the investigator during the course of the investigation, and, (i)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 as relates to the officer), and, (2)The notice given under paragraph (1) must, (a)describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. For example, when a police officer pulls you over for running a stop sign, they will give you a document outlining the violation. (3)If at any time during the investigation the investigator believes that the appropriate authority would, on consideration of the matter, be likely to determine that the special conditions are satisfied, the investigator must, whether or not the investigation is complete, submit to the appropriate authority, (a)a statement of the investigators belief and the grounds for it, 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 person conducting or chairing the accelerated misconduct hearing for provision of such representations. 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). (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). (7)Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had a written warning in force, a written warning must not be given.