Part 7 amends the Special Constables Regulations 1965 (S.I. address the hearing in order to do any or all of the following, respond on behalf of the authority to any view expressed at the accelerated misconduct hearing, and, respond on behalf of the officer to any view expressed at the accelerated misconduct hearing, and. Regulation 15 is to be read as if in paragraph (3), (a)for sub-paragraph (c), there were substituted. on the direction of the Director General, following consultation with the appropriate authority, in a case where the Director General, made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or, gave a direction under paragraph 23(5A)(e) or paragraph 27(4)(a) of that Schedule to bring disciplinary proceedings, or. (a)written notice of whether or not they accept that their conduct amounts to gross misconduct; (b)where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; (c)where they do not accept that their conduct amounts to gross misconduct, written notice of. Suffolk police officer given final written warning for gross misconduct Paragraph 25(4C) and (4D) was amended by paragraphs 15 and 56(1) and (2) of Schedule 9 to the Policing and Crime Act 2017. after sub-paragraph (d), and were omitted; in sub-paragraph (e), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; after sub-paragraph (e), there were inserted. (2)A notice of enquiry given under paragraph (1) must, (a)state any question the investigator wishes to ask the officer concerned, and. (3)The reflective practice review process consists of a fact-finding stage and a discussion stage, followed by the production of a reflective review development report. such longer period as the person or persons considering the question of disciplinary action may determine, up to a maximum of 5 years from the day on which it was notified to the officer. prohibit the publication of any matter under regulation 39(3)(c). Any period of time specified in this Part in relation to misconduct proceedings may be reduced by agreement between the appropriate authority or, as the case may be, the originating authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the misconduct proceedings. (6)Cases may only be referred to joint misconduct proceedings where all or none of the officers concerned are senior officers. (9)A police friend may not answer any questions asked of the officer concerned during the interview. Section 9 of the 2002 Act established a body corporate known as the Independent Police Complaints Commission (IPCC). (2)Subject to regulations 38 and 40, a misconduct meeting must be in private. written notice of whether or not they accept that their conduct amounts to misconduct or gross misconduct, as the case may be; where they accept that their conduct amounts to misconduct or gross misconduct, as the case may be, any written submission they wish to make in mitigation, and, where they do not accept that their conduct amounts to misconduct or gross misconduct, as the case may be, or they dispute part of the case against them, written notice of, the allegations they dispute and their account of the relevant events, and. (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the misconduct proceedings and, if applicable, of their right to make representations under regulation 36(3). (5)Subject to any contrary decision by the person conducting or chairing a misconduct meeting, a witness other than a complainant, interested person or the officer concerned may only attend the misconduct meeting for the purpose of giving their evidence. (9)Where the circumstances prescribed in paragraph (8) apply, the Director General may be represented by a relevant lawyer. (a)in paragraph (3), for the officer may be dismissed or, there were substituted disciplinary action for gross misconduct may be imposed in relation to the officer or the officer may; (b)in paragraph (4), or an appeal meeting were omitted; (i)in the opening words, or an appeal meeting were omitted; (ii)in sub-paragraph (b) only, and the words before it were omitted; (d)in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; (b)after paragraph (1), there were inserted. 111 is the emergency number for Police, Fire and Ambulance. a written report on the investigation to that point. (d)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. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. having regard to the nature of the allegation and any other relevant considerations, the public interest requires that the officer should be so suspended. 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. (a)whether the officer concerned has a case to answer in respect of misconduct or gross misconduct or whether the officer has no case to answer; (b)if there is a case to answer, whether or not misconduct proceedings should be brought against the officer, and. 54.(1)Before the end of 7 working days beginning with the first working day after the written notice is given to the officer concerned under regulation 51(1), the officer concerned must give the appropriate authority. However, the police officer is within their right to write you a ticket for the expired tags as well. (8)The circumstances in which the Independent Office for Police Conduct is a relevant authority for the purpose of section 84(5) of the 1996 Act (power to prescribe in regulations, in relation to representation at proceedings, circumstances in which the relevant authority includes the Independent Office for Police Conduct) are prescribed as being where the Director General has made a decision under regulation 24(1) to present the case. give notice to the other that they do not propose any witnesses. 18.(1)Before the end of 10 working days beginning with the first working day after the terms of reference, or, as the case may be, written notice has been given under regulation 17(2), (a)the officer concerned may provide a written or oral statement relating to any matter under investigation to the investigator, including any mitigating circumstances relevant to any such matter, and. (a)in paragraph (1)(a), misconduct or were omitted; (i)in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; (ii)in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; (i)for the panel of persons must comprise there were substituted where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons, comprising; (ii)in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; (c)in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. Email; A Suffolk Constabulary officer was given a final written warning on Monday 10 January after a disciplinary hearing was told that he had attempted to form an inappropriate relationship with a vulnerable woman he came into . to the officer concerned in accordance with regulation 30(1). (3)The person appointed by the appropriate authority under paragraph (1)(a). (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. (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. would be entitled to attend the misconduct hearing under regulation 38(1). (8)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 final written warning in force, neither a written warning nor a final written warning may be given. Either way the warning ticket had to be signed and turned in within 10 days. (3)Paragraph (4) applies where disciplinary action for gross misconduct is imposed. 1996 c. 18. The Police (Conduct) Regulations 2020 - Legislation.gov.uk (a)consult the Director General about the contents of the written notice to be given under paragraph (1) and on the application of the harm test under paragraph (1)(c); (b)comply with any direction given by the Director General in relation to the matters specified in paragraph (a), and. (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. no one else sees it. (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. (i)the contents of the written notice to be given under paragraph (1)(a) to the extent to which they relate to 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; (ii)the application of the harm test under paragraph (1)(c), and. (12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). (16)The person or persons conducting the misconduct proceedings must not find that the conduct of the officer concerned amounts to misconduct or gross misconduct unless, (a)they are satisfied on the balance of probabilities that this is the case, or. (8)Where the appropriate authority assesses that the case amounts to practice requiring improvement, it must direct that the matter is dealt with under the reflective practice review process set out in Part 6. (14)Where the question of disciplinary action is being considered, the person or persons considering it. (10)Where a final written warning is given under paragraph (3), the period in paragraph (9)(b) may be extended, by the persons considering the question of disciplinary action, to a maximum period of 5 years. 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. (b)includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed. I told the police officer that I was lost.blah blah blah. Paragraph 6(2A) to (2E) of Schedule 3 to the 2002 Act was inserted by paragraphs 5 and 6(1) and (3) of Schedule 5 to the Policing and Crime Act 2017. (a)has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings)(43) to comply with a direction to bring misconduct proceedings of a form specified in a determination of the Director General; (b)accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of that Schedule (reviews with respect to an investigation)(44) that misconduct proceedings of the form specified in the recommendation are brought, or. Leave this site. (b)if the officer concerned is present at the accelerated misconduct hearing or is participating in it by video link or other means in accordance with regulation 57(2), confer with the officer.
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