(ii)before the end of 4 weeks beginning with the first working day after the previous review. 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. 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)the officer proposes an alternative date or time which satisfies paragraph (3). in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. Warnings are not recorded on an individual's driving record, cannot be used to raise insurance rates, and don't result in a fine. (5)The appropriate authority must as soon as practicable give the officer concerned written notice of. (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. misconduct proceedings under Part 4 of these Regulations; an accelerated misconduct hearing under Part 5 of these Regulations, or. where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. the appropriate authority may, if it considers it appropriate in a particular case, delegate functions in relation to the administration of the hearing (but not in relation to representing it at the hearing) to the chief officer of police of another police force. 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. Amendments are cited elsewhere in these Regulations, where relevant. (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). 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; for the definition of police officer, except in its application to regulations 4, 7 and 8, there were substituted. The investigator must make a written record of any notice of enquiry and response received under this regulation. (3)The investigator or a nominated person must attend the accelerated misconduct hearing on the request of the person conducting or chairing the hearing to answer questions. Such hearings were previously referred to as special case hearings, under the 2012 Regulations. (5)The appropriate authority or, where functions have been delegated under regulation 26(1), the originating authority, may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting by, (a)a police officer or police staff member of the police force concerned, or. The definition of misconduct (regulation 2(1)) has been changed since the 2012 Regulations. where the person or persons find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. in the definition of proposed witness, conducting or were omitted; for the definition of staff association, there were substituted. (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. Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and was amended by section 19(1) and (3)(b)(i) of, and paragraph 47(h)(vi) of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to, the Policing and Crime Act 2017; there are other amendments to paragraph 22 but none are relevant. (5)For the purposes of this regulation relevant prosecutor means the Director of Public Prosecutions or any other person who has or is likely to have responsibility for the criminal proceedings. (iii)prohibit the publication of any matter under regulation 39(3)(c). It's been a very long times since I've gotten a warning, but I'd never heard of that. (7)At a misconduct meeting or an appeal meeting, the person appointed under paragraph (6) must not be a relevant lawyer. Part 5 makes provision about accelerated misconduct hearings. where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (b)makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(35) in relation to a matter on or after 1st February 2020. these Regulations apply regardless of when the complaint or matter came to the attention of the appropriate authority. Regulation 33 was amended by S.I. (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). (b)under regulation 23 a case is referred to a misconduct hearing. RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . (b)where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). (3)For any period during which the appropriate authority considers any misconduct proceedings or accelerated misconduct hearing would prejudice any criminal proceedings, no such misconduct proceedings or accelerated misconduct hearing may take place. (6)Subject to paragraph (7), the appropriate authority may appoint a person to advise the person conducting or chairing the misconduct proceedings or accelerated misconduct hearing or appeal meeting. paragraphs (3), (4) and (6) were omitted; in paragraph (5), conducting or were omitted. (a)in paragraph (1)(a), for is there were substituted was at the relevant time; (b)in paragraph (3)(b), in the definition of originating authority, for is there were substituted was at the relevant time. Subject to the provisions of this regulation, the person or persons conducting the accelerated misconduct hearing may, where the person or persons find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. (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. ), any interested person. (2)Except as set out in paragraph (8), these Regulations also apply, with the modifications set out in Schedule 1, where, (a)an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (P) may amount to gross misconduct(33), and. Here's some information on warning tickets: They are not recorded on your driving record. (5)The reference to a period in paragraph (4)(a) and (b) does not include any time when the officer concerned 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). fall before the end of 5 working days beginning with the first working day after the day specified by the chair. A warning for a traffic infraction is a reprieve, but it should also be viewed as a wake-up call. (b)the complainant and any interested person, in any case to which regulation 40 applies. the originating authority, where functions have been delegated under regulation 26(1); the Director General, where the Director General. (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 been reduced in rank under the Police (Conduct) Regulations 2004 or under these Regulations, a reduction in rank may not be imposed. 6. (a)paragraph (7) 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 is given the notice referred to in paragraph (10); (c)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 appropriate authority has made reasonable enquiries in order to determine the last known address of the officer but it has been unsuccessful.; (g)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.. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. (9)Where the person representing the officer concerned is a relevant lawyer, the police friend of the officer may also confer with the officer in the circumstances mentioned in paragraph (8)(b). (b)where the person or persons find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. 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. This Part does not apply to a case to which paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applies(38). (15)The person or persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts, (a)in the case of a misconduct meeting, to misconduct or not, or. Part 4 makes provision about misconduct proceedings. any other documents that, in the opinion of the appropriate authority or, as the case may be, the originating authority should be considered at the misconduct proceedings. reviewer means the person who is conducting the reflective practice review process. conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. I honestly had no clue why he pulled me over. 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. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (2)The disciplinary action has effect from the date on which it is notified to the officer concerned. a chair appointed by the local policing body, selected on a fair and transparent basis from the list of legally qualified persons maintained by the local policing body for the purpose of these Regulations; a member of a police force of the rank of superintendent or above (provided the member is of a more senior rank than the officer concerned), appointed by the appropriate authority, and. (2)Where the Director General so attends the accelerated misconduct hearing. advise the person determining the appeal. in relation to an officer who was a member of a police force of the rank of chief inspector or below at the relevant time, the Police Federation of England and Wales; in relation to an officer who was a member of a police force of the rank of superintendent or chief superintendent at the relevant time, the Police Superintendents Association, and. (2)The appropriate authority or, as the case may be, the originating 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, (a)the report submitted under paragraph (1), and. (10)For the purposes of this regulation parties means the appropriate authority or, as the case may be, the originating authority, the officer concerned, the officers representatives and, where the Director General is presenting the case, the Director General. in sub-paragraph (c), the words from the beginning to 28(4), were omitted; in paragraphs (4) and (7), conducting or were omitted. speeding), and the officer is letting you off with a warning instead of a citation or a fine. 58.(1)Subject to paragraph (5), in any case where. Where there is an indication that the persons conduct amounts to gross misconduct, the person will be at risk of dismissal if the allegation is proved. (4)Where the chair decides not to conduct a misconduct pre-hearing, the chair must determine the date, time and duration of the misconduct hearing, following consultation with the parties by telephone or by such other electronic means as may be agreed between the parties or, where the parties fail to agree, as decided by the chair. (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). a summary of planned steps to progress the investigation and bring it to a conclusion. (ii)in sub-paragraph (c), the words from the beginning to 28(4), were omitted; (c)in paragraphs (4) and (7), conducting or were omitted. the officer concerned or the officers police friend may provide any relevant documents to the investigator. Verbal Warning Vs Written Warning By Police. provided under regulation 53(3) or (5), or. (ii)any arguments on points of law they wish to be considered by the person or persons conducting the misconduct proceedings. in deciding, following a review, whether or not to end a suspension under this regulation. the officer proposes an alternative date or time which satisfies paragraph (3). (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. See section 101(1) of the Police Act 1996 for the definition of local policing body. 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. the appropriate authority or, as the case may be, the originating authority, or. 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. (b)a period of 2 years beginning with the day on which it was notified to the officer concerned, in the case of a final written warning. the appropriate authority considers that such proceedings or hearing would no longer prejudice any criminal proceedings, or. (3)Where the appropriate authority is a chief officer of police, the chief officer may, subject to paragraph (4), delegate any functions under these Regulations to a, (a)member of a police force of at least the rank of inspector, or. 2006/3449 and 2011/3026. REVISED: 02-18 -2022 . 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; that if the officer is subject to such a finding, information including the officers full name and a description of the conduct which would have led to the officers dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years; after sub-paragraph (g), and were omitted and there were inserted, that it may harm the officers case if the officer fails to attend an interview of which the officer has been given notice under regulation 20(6) (interviews during investigation), and. (2)The appropriate authority must appoint a person to investigate the matter. These Regulations are to be read as if regulations 45 to 47 were omitted. 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. (a)the case amounts to practice requiring improvement; (6)The appropriate authority must consult the line manager of the officer concerned before making an assessment in terms of paragraph (5)(a) or (b). (7)The officer concerned (or the officers police friend) may make representations against suspension to the appropriate authority. 105 is the number for Police non-emergencies. supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. the officer proposes an alternative date or time which satisfies paragraph (5). A verbal warning and a written warning are . A copy of this publication can be obtained from the College of Policing. Charges can be civil or criminal dependent on the seriousness of the offense. This section has no associated Explanatory Memorandum. the Director General, in any case where the Director General, was entitled to attend to make representations under regulation 38(1), and. (3)The period of 10 working days referred to in paragraph (1) may be extended by the investigator. provide the Director General with a copy of the written notice given under paragraph (1). ), any interested person. (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. 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. (a)determine the date, time and duration of the misconduct hearing, following consultation with the parties; (b)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; (c)consider any documents supplied under regulation 32(6); (d)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; (e)consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, (f)seek representations from the parties as to whether to. (8)At the misconduct pre-hearing the chair must. (5)The following are entitled to attend the misconduct pre-hearing, (d)the relevant lawyer representing the appropriate authority or, as the case may be, the originating authority, and. participating officer means the police officer whose actions or behaviour are subject to the reflective practice review process, and. (g)any other matters that the Director General considers relevant. 15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. (9)The person conducting or chairing the accelerated misconduct hearing may dispense with the requirement under paragraph (5) 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 (8)(a) or (b). accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. Paragraph 23(5A) was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to the Policing and Crime Act 2017. (9)When a date and time for the misconduct meeting has been agreed under this regulation, the person conducting or chairing the misconduct meeting must inform the appropriate authority of the date, time and place of the misconduct meeting. 45.(1)Where the officer concerned is an officer, other than a senior officer, whose case was decided at a misconduct meeting, the officer may, subject to the provisions of this regulation, appeal, (a)if the officer admitted the officers conduct amounted to misconduct, against any disciplinary action imposed under regulation 42, or. Paragraph (4) applies where disciplinary action for gross misconduct is imposed. (a)a chair selected in accordance with regulation 28(4)(a); (b)HMCIC or an inspector of constabulary nominated by HMCIC, and. Following completion of the discussion stage, the reviewer must produce a reflective review development report, in accordance with regulation 70. 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. Frederick Daily Voice serves the towns of: Adamstown, Ballenger Creek, Brunswick, Frederick, Green Valley, Linganore, Middletown, Spring Ridge, Thurmont, Urbana, Walkersville. who is not an interested party, appointed by the appropriate authority. 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. Access essential accompanying documents and information for this legislation item from this tab. Paragraph 28ZA of Schedule 3 to the 2002 Act was inserted by section 16 of, and paragraph 45 of Schedule 5 to, the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1), (2) and (20) of Schedule 9 to that Act.
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