(2)The accelerated misconduct hearing must not proceed unless the officer concerned has been notified of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. Certain crimes require an officer to take action domestic violence, for instance. a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; 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. (7)The appropriate authority must give written notice of the date, time and place of the appeal meeting to. (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. The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b). a decision under regulation 11 to suspend an officer or to continue or end such a suspension; a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. might prejudice the investigation or any other investigation (including, in particular, a criminal investigation). (6)In paragraph (5), protected disclosure has the meaning given by section 43A of the Employment Rights Act 1996 (meaning of protected disclosure)(27). (5)The person conducting or chairing the misconduct proceedings must consider any objection under paragraph (4) and determine whether the request for separate proceedings should be allowed. 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; 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. 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). Apply for a review or appeal about the outcome of a police complaint using our online form Download a Word version of our review and appeal form to complete on your computer Download a PDF. Either way the warning ticket had to be signed and turned in within 10 days. the period of 15 working days specified in paragraph (1)(a); the period of 30 working days specified in paragraph (9). (5)When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are. (b)fall before the end of 5 working days beginning with the first working day after the day specified by the person determining the appeal. (3)Prior to the accelerated misconduct hearing, the appropriate authority must provide the officer concerned with, (a)a list of the documents supplied under paragraph (1), and. an employee of the Common Council of the City of London who is under the direction and control of a chief officer; practice requiring improvement means underperformance or conduct not amounting to misconduct or gross misconduct, which falls short of the expectations of the public and the police service as set out in the Code of Ethics issued by the College of Policing under section 39A of the Police Act 1996 (codes of practice for chief officers)(23); pre-commencement allegation means an allegation against a police officer which came to the attention of a local policing body or a chief officer of police before 1st February 2020; proposed witness means a witness whose attendance at the misconduct proceedings the officer concerned or the appropriate authority, as the case may be, wishes to request of the person conducting or chairing those proceedings; reflective practice review process means the process set out in Part 6; relevant lawyer has the meaning given to it by section 84(4) of the 1996 Act (representation etc. 1996 c. 16. (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. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. paragraphs (3), (4) and (6) were omitted; in paragraph (5), conducting or were omitted. (6)At any time before the start of misconduct proceedings, the appropriate authority may revise its severity assessment under this regulation if it considers it appropriate to do so. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. This is the citation or ticket. Police officers abide by police regulations, force policies and lawful orders. For more information see the EUR-Lex public statement on re-use. (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body; (b)the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months, and. (i)take no further action against the officer concerned; (ii)refer the matter to the reflective practice review process, or, (iii)refer the matter to be dealt with under the Performance Regulations, and, (b)the appropriate authority must as soon as practicable give the officer concerned, (i)written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and. However, within that year, the warning will increase . having considered temporary redeployment to alternative duties or an alternative location as an alternative to suspension, the appropriate authority has determined that such redeployment is not appropriate in all the circumstances of the case, and, it appears to the appropriate authority that either, the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. The persons conducting a misconduct hearing may, subject to the provisions of this regulation, where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. 28.(1)Where the officer concerned is an officer other than a senior officer. (d)where the investigators opinion under sub-paragraph (c) is that there is no case to answer, indicate the investigators opinion as to whether the matter should be referred to be dealt with under the Performance Regulations or the reflective practice review process. 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). (2)Where the chief officer of police of the police force concerned is an interested party or is unavailable, the accelerated misconduct hearing must be conducted by the chief officer of police of another police force or an assistant commissioner of the metropolitan police force. 57.(1)Subject to paragraph (2), the officer concerned must attend the accelerated misconduct hearing. Paragraph 23(5A) of Schedule 3 to the 2002 Act was inserted by paragraphs 9 and 26(1) and (2) of Schedule 5 to the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to that Act. (b)the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (ii)for paragraph (2)(a) to (d), there were substituted paragraph (2)(a) to (c); (d)paragraphs (4), (6), (8) and (10) were omitted; (e)in paragraph (5), for the words from assess to the end, there were substituted take no disciplinary action for gross misconduct against the officer concerned.; (i)for completed the assessment under paragraph (5), there were substituted determined there is no case to answer or that no misconduct proceedings will be brought; (ii)in subparagraph (a), for the outcome of its assessment, there were substituted its determination; (i)in sub-paragraph (a), the words from of a form to the end were omitted; (ii)in sub-paragraph (b), of the form specified in the recommendation were omitted; (iii)in sub-paragraph (c), of a form specified in a recommendation were omitted; (iv)in the words after sub-paragraph (c), of the form specified were omitted. (c)where the officer is a member of a police force, a person nominated by the officers staff association. (9)Subject to paragraph (10)(b) and (11), the misconduct hearing must take place before the end of 30 working days beginning with the date of the misconduct pre-hearing. (3)In a case where misconduct proceedings or an accelerated misconduct hearing have been delayed by virtue of regulation 10(3), as soon as practicable after, (a)the appropriate authority considers that such proceedings or hearing would no longer prejudice any criminal proceedings, or. (a)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; (b)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. (12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). (ia)in the case of a Condition C person, any written statement or document provided to the Director General under regulation 4B(3) and any response to a consultation carried out under regulation 4B(4), and; (b)in paragraph (2), conducting or were omitted; (i)in sub-paragraph (a), for conduct or, as the case may be, chair, there were substituted chair; (ii)in sub-paragraph (b), conducting or, as the case may be, were omitted; (i)conduct or, as the case may be, were omitted; (e)in paragraph (6), and (7) were omitted; (a)in paragraph (1)(b), conducting or were omitted; (b)in paragraph (2)(a), (b) and (c), misconduct or and , as the case may be were omitted; (c)in paragraph (2)(c)(ii), person or were omitted. has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) (a)a summary of the issue and any relevant background circumstances; (b)a summary of the reflective practice review discussion; (c)key actions to be undertaken within a specified time period; (d)any lessons identified for the participating officer; (e)any lessons identified for the line management or police force concerned; (f)a specified period of time for reviewing the report and the actions taken. (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. (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). 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). (bb)would be entitled to attend the misconduct hearing under regulation 38(1). by the officer concerned to the appropriate authority in accordance with regulation 54, or. (iv)the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. to comply with a direction to give effect to a recommendation to bring misconduct proceedings of a form specified in a recommendation made under paragraph 25(4C) of that Schedule. 15. (b)to the officer in accordance with regulation 51(1). (10)The person conducting or chairing the misconduct proceedings must determine whether any question should be put to a witness. (c)subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (2)Subject to regulations 38 and 40, a misconduct meeting must be in private. Police officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness. (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. This is the original version (as it was originally made). before the end of 7 working days beginning with the first working day after being suspended; at any time during the suspension if the officer reasonably believes that circumstances relevant to the suspension conditions have changed. (4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. The police officer gives these warnings as a wake-up call for the traffic law violator so that he or she can reflect back and determine why they were pulled over in the first place. 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. (a)the period of 10 working days referred to in paragraph (2); (b)the period of 10 working days referred to in paragraph (6). gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). Right away the officer will probably ask if you know why you have been stopped. (h)that whilst the officer does not have to say anything it may harm the officers case if the officer does not mention when interviewed or when providing any information under regulation 18(1) or 31(2) or (3) something later relied on in any disciplinary proceedings. Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. (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. (3)No person may be appointed to investigate a matter under this regulation. (a)whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 39(3)(a); (b)whether the chair should impose any conditions under regulation 39(3)(b); (c)whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 39(3)(c); (d)in the light of the representations made under sub-paragraphs (a) to (c). (5)When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. failed to mention, any fact relied on in the officers case at the accelerated misconduct hearing, 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 (13) applies. in paragraph (ii), misconduct or and , as the case may be were omitted; in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; after paragraph (vii), and were omitted; after paragraph (viii), there were inserted, the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. 21.(1)On completion of the investigation, the investigator must as soon as practicable submit a written report on the investigation to the appropriate authority.