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. (4)Where the officer concerned is represented in accordance with paragraph (3), the police friend or relevant lawyer of the officer, or both, as the case may be, may participate using the video link or other means where such means are also used by the officer. (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. (3)Where under paragraph (2) the officer concerned is allowed to and does so participate in the accelerated misconduct hearing, or where the officer otherwise does not attend the accelerated misconduct hearing, (a)the officer may nonetheless be represented at that hearing by, (ii)a relevant lawyer (in which case the police friend may also attend), and. (a)whether it appears that the alleged gross misconduct has had an effect on relations between the public and the police, including relations between the members of the community where the alleged gross misconduct occurred and the police force concerned; (b)the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; (c)the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and. (3)Any person to whom this paragraph applies may make written representations to the chair in relation to. (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. failed to mention any fact relied on in the officers case at the misconduct proceedings, being a fact which in the circumstances existing at the time, the officer could reasonably have been expected to mention when so questioned or when providing such information, paragraph (14) applies. (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). (6)If the appropriate authority assesses that the conduct if proved would amount to misconduct or gross misconduct, the investigator must continue to proceed with the investigation that has been commenced. (2)If the person determining the appeal determines under regulation 45(14) that the notice of appeal sets out arguable grounds of appeal, they must hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination. (5)For the purposes of these Regulations, the making of a protected disclosure by a police officer is not a breach of the Standards of Professional Behaviour. (15)Within the period of 5 working days beginning with the date of the misconduct pre-hearing, the chair must serve on the parties a summary of the key matters discussed and a record of any directions issued. (5)Where the Director General has made a decision under regulation 24(1) to present a case, (a)the officer concerned must, within the time period specified in paragraph (1), provide the Director General with a copy of the documents specified in paragraphs (2) and (3), and. 3.(1)Subject to paragraph (2), the following are revoked. fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (a)the period of 15 working days specified in paragraph (1)(a); (b)the period of 30 working days specified in paragraph (9). the officer concerned must comply with paragraphs (2) and (3). 2017/1135) consequential on the revocation and replacement of the 2012 Regulations by these Regulations. where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. (2)The only grounds of appeal under this regulation are that. to the officer concerned in accordance with regulation 30(1). (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. Once you see the lights behind you, turn on your turn signal. 10.(1)Subject to the provisions of this regulation, proceedings under these Regulations must proceed without delay. (Then the insurance companies will know.) 44.(1)A record of the misconduct proceedings must be taken and in the case of a misconduct hearing that record must be verbatim. (4)Paragraph (1) does not apply to a case wherethe Director Generalhas given a direction under regulation 26(8)(b) of the Complaints and Misconduct Regulations. Today was my first time getting pulled over. (b)where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the Policing and Crime Act 2017. 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)Where the person conducting or chairing the accelerated misconduct hearing requires notice to be given in accordance with paragraph (1), the appropriate authority must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 52(1). Part 6 makes provision for a reflective practice review process. A warning is just thata warning. (c)in the case of a chair appointed under regulation 28(4), give such directions as they think appropriate prohibiting the publication of any matter relating to the proceedings. No changes have been applied to the text. where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. (c)where the officer is a member of a police force, a person nominated by the officers staff association. (12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). The officer may simply write a note on the ticket indicating the violation and explaining that it is a warning. (2)Where the officer concerned is a senior officer and the case is referred to misconduct proceedings, those misconduct proceedings must be conducted by a panel of three persons appointed in accordance with paragraphs (4) and (5). This means they won't affect your car insurance rate. (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. (6)Where a person is to give evidence as a witness at misconduct proceedings, the witness (and any person accompanying the witness) must not be allowed to attend the proceedings before giving evidence. 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. (i)the following definitions were inserted in the appropriate places. (b)the officer proposes an alternative date or time which satisfies paragraph (6). (2)Subject to regulation 66(1), the police friend may. consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), and. it must, if the investigation was incomplete, return the case to the investigator to complete the investigation or, in any other case, proceed in accordance with Part 4. 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). (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. 6. (c)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. 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. (b)HMCIC or an inspector of constabulary nominated by HMCIC,. Whether or not the officer cites the driver for the violation is completely within that officer's discretion. any evidence of a kind referred to in regulation 45(2)(b) that the officer wishes to submit in support of the appeal. the appropriate authority or, as the case may be, the originating authority, or. (a)the finding or disciplinary action imposed was unreasonable; (b)there is evidence that could not reasonably have been considered at the misconduct meeting which could have materially affected the finding or decision on disciplinary action, or. )(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. Regulation 16 is to be read as if misconduct or, in both places where those words appear, were omitted. (c)give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. an appeal from misconduct proceedings or from an accelerated misconduct hearing under the Police Appeals Tribunals Rules 2020(15), but, for the purposes of the following provisions, disciplinary proceedings only includes misconduct proceedings mentioned in paragraph (a) and a hearing mentioned in paragraph (b) of this definition. unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned. for sub-paragraph (c), there were substituted, if they worked, directly or indirectly, under the management of the officer concerned at the relevant time. (5)Where more than one allegation is considered in the same misconduct proceedings in accordance with regulation 4(9), this regulation applies to the whole of the proceedings and accordingly the Director General may make representations in respect of any allegation. (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. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. (8)The officer concerned may object to the appointment of a person appointed under paragraph (6) of this regulation. (8)Prior to publication of a report under paragraph (5) the appropriate authority may, subject to paragraph (11), redact the document. (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. (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. At the top of the warning, it will usually say the word warning rather than citation, complaint, ticket, or violation. at disciplinary and other proceedings)(24); senior officer means a member of a police force holding a rank above that of chief superintendent; severity assessment has the meaning given to it in regulation 14; special conditions has the meaning given to it in regulation 49; in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales; in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents Association, and. That shows that you see and acknowledge there is a cop behind you and that you are looking for a place to pull over. (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).