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to the officer in accordance with regulation 51(1). (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). (2)This paragraph applies to a case where, (a)it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. 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, as set out in the notice given in accordance with regulation 30(1)(a). (a)the documents given to the officer under regulation 30(1); (b)the documents provided by the officer under, (ii)where paragraph (7) applies, regulation 54, and, (i)does not accept that the conduct amounts to misconduct or gross misconduct, as the case may be, or. assist the appropriate authority to establish whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer. (2)Where the Director General so attends the accelerated misconduct hearing. 1965/536 to which there are amendments not relevant to these Regulations. 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)Where functions have been delegated, any requirement on a person other than the originating authority to supply a document to another person must be read as including a requirement to supply such document also to the originating authority. 41. in paragraph (3)(d)(ii), for (e) there were substituted (f). Section 87(5) of the 1996 Act provides that for the purposes of section 87 disciplinary proceedings in relation to a member (or former member) of a police force or a special constable (or former special constable) means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (e)the Director Generals relevant lawyer, where the Director General is presenting the case or would be entitled to attend the misconduct hearing under regulation 38(1). (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. Condition C special determination: matters to be taken into account, This Part applies where the Director General is required under paragraph 23(5A)(ba). (c)if so, and subject to paragraph (10), what form the misconduct proceedings should take. (ii)gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). (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. Part 3 applies to internal conduct allegations of misconduct or gross misconduct which may justify the bringing of disciplinary proceedings and are referred to be dealt with under these Regulations by the appropriate authority. Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy. (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. 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. (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. (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. 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. (iii)the documents that may be provided under paragraph (1)(c)(ii); (b)comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. Such hearings were previously referred to as special case hearings, under the 2012 Regulations. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. These Regulations are to be read as if after regulation 20 there were inserted. each time a new Written Warning form book is issued. where relevant, the fact that the case has been referred to joint misconduct proceedings under regulation 25; a copy of any statement the officer may have made to the investigator during the course of the investigation, and, 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 which relates to the officer), and. in sub-paragraph (a), misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or were omitted; for sub-paragraphs (b) to (d), there were substituted. 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. the officer proposes an alternative date or time which satisfies paragraph (7). Mostly, these are not filed with courts; rather, it's just for your understanding and awareness of what happened. It is not reported to the DMV and does not appear on the driving history of the individual. (c)if the appropriate authority determines the officer has no case to answer, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.; (i)in sub-paragraph (a), misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or were omitted; (ii)for sub-paragraphs (b) to (d), there were substituted. (6)Cases may only be referred to joint misconduct proceedings where all or none of the officers concerned are senior officers. (8)In the case of a joint misconduct meeting, where a date and time is specified under paragraph (5) and one or more of the officers concerned or their police friend will not be available at that time, the person conducting or chairing the misconduct meeting must, (a)consult each of the officers concerned as regards the timing of the misconduct meeting, and. (i)after sub-paragraph (d), and were omitted; (ii)in sub-paragraph (e), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; (iii)after sub-paragraph (e), there were inserted. (15)The person conducting or chairing the accelerated misconduct hearing must review the facts of the case and decide whether or not the conduct of the officer concerned amounts to gross misconduct. (3)The person determining the appeal may extend the time period specified in paragraph (2) where they consider that it would be in the interests of justice to do so. Your letter will be placed in your personnel file along with the written warning. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). if it is no longer satisfied that there is a case to answer in respect of misconduct or gross misconduct, must direct that the case be withdrawn, and. (2)Where a notice is given under paragraph (1), the investigator must, (a)subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (b) of that paragraph, give the officer concerned the written terms of reference of the investigation, or. 5. (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). S.I. ANSWER: A written traffic ticket, with "Massachusetts Uniform Citation" at the top is the standard ticket issued by local and State Police. by the officer concerned to the appropriate authority in accordance with regulation 54, or. (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. There are other amendments to sections 50 and 51, but none are relevant. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. (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. (b)in any other case, subject to paragraph (2), the chief officer of police of the police force concerned. Section 39A was inserted by section 2 of the 2002 Act and was amended by paragraphs 1 and 30 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and section 124 of the Anti-social Behaviour, Crime and Policing Act 2014. (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.. 2020/2) which deal with public complaints and other discipline related matters arising under Schedule 3 to the 2002 Act. (f)where the officer concerned is a Condition C person, the Condition C special determination.; (b)in paragraph (3)(d)(ii), for (e) there were substituted (f). Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (13) applies. Warnings are not recorded on an individual's driving record, cannot be used to raise insurance rates, and don't result in a fine. Police officers abide by police regulations, force policies and lawful orders. . (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. (9)Where the circumstances prescribed in paragraph (8) apply, the Director General may be represented by a relevant lawyer. If you get pulled over for a traffic violation, police officers have the option of giving you a written warning in lieu of a ticket. Section 88B was inserted by Schedule 8 to the Policing and Crime Act 2017. (1)A verbatim record of the misconduct proceedings must be taken.. (2)Where a direction is given under paragraph (1). (a)if it is a misconduct hearing the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to those proceedings, and. Regulation 33 was amended by S.I. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (bb)would be entitled to attend the misconduct hearing under regulation 38(1). ENF-038, WRITTEN WARNING FORM . any criminal proceedings have concluded (whatever the outcome of those proceedings). (9)In relation to an objection under paragraph (8) of this regulation. 2012/2632, amended by S.I. (8)The appropriate authority must review the suspension conditions. reduction in rank, where paragraph (5) or (6) applies; dismissal without notice, where paragraph (5) or (6) applies; 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), a period of 18 months beginning with the day on which it was notified to the officer concerned, in the case of a written warning, or. the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, where representations are received in relation to mitigating circumstances, must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer could reasonably have been expected to so mention them, and. (10)Where the Director General is entitled to attend the misconduct proceedings to make representations under regulation 38(1), or to nominate a person to attend the proceedings as an observer under regulation 40(6), the appropriate authority must give the Director General written notice of the date, time and place of the proceedings. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. (iii)the originating authority, where functions have been delegated under regulation 26(1); (iv)the Director General, where the Director General. (c)whether disciplinary action for gross misconduct was imposed.; (b)in paragraph (2)(b), misconduct or were omitted and for in accordance with paragraph (3), there were substituted to a police appeals tribunal (within the meaning of section 85 of the 1996 Act); (d)in paragraph (4), In all cases referred to in paragraph (3) were omitted. (4)If at any time during the investigation the investigator believes that, in light of evidence made available to the investigator that was not available to the appropriate authority when it made its severity assessment or any revised severity assessment under regulation 14, the appropriate authority would, on further consideration of the matter, be likely to determine that the conduct which is the subject matter of the allegation, if proved, would amount to neither misconduct nor gross misconduct, the investigator must, whether or not the investigation is complete, submit to the appropriate authority. (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. The written examination and physical agility test may be omitted if applicant attains Certificate of Completion from a California P.O.S.T. the appropriate authority or, as the case may be, the originating authority, or. where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (a)it relates to a person who ceased to be a police officer before 15th December 2017(36); or. (4)The person determining the appeal must specify a date and time for the appeal meeting. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). 16.(1)The purpose of the investigation is to, (a)gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. (b)a copy of any such document, where it has not already been supplied. (i)the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, (ii)the appropriate authority in all other cases, and. (3)The reviewer must send a copy of the report to the appropriate authority. (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. (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. 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. Section 63(3)(a) was substituted by paragraph 78(3) of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 6(2) of Schedule 22 to the Criminal Justice and Immigration Act 2008, sections 123(4) and 133(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 10(3)(b) of the Policing and Crime Act 2009 (c. 26). Condition C special determination: procedure, Before making a Condition C special determination the Director General must give a notification in writing to. 39.(1)Subject to paragraph (3), a misconduct hearing must be in public. If fines apply, you may have the option to pay online. 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. 20.(1)Where an investigator wishes to interview the officer concerned as part of the investigation, the investigator must, if reasonably practicable, agree a date and time for the interview with the officer. 34. (10)The person conducting or chairing the misconduct proceedings must determine whether any question should be put to a witness. (9)Where a written warning or final written warning is given, that warning remains in force for, (a)a period of 18 months beginning with the day on which it was notified to the officer concerned, in the case of a written warning, or. 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). the relevant lawyer representing the appropriate authority or, as the case may be, the originating authority, and. For example, when a police officer pulls you over for running a stop sign, they will give you a document outlining the violation. there is a case to answer in respect of gross misconduct or there is no case to answer; where the investigators opinion is that there is no such case to answer, there may nevertheless have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving. the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); any statement the officer may have made to the investigator during the course of the investigation, and, 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, describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. (4)Where a date and time is specified under paragraph (3) and, (a)the officer concerned or the officers police friend will not be available, and. 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.. the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, the appropriate authority in all other cases, and. 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; 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; 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; the effect of paragraphs (3) to (6) of this regulation; the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. the chief officer of police of the police force concerned; 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. (16)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(3)in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). an invitation to provide an account of the matter that has been referred for review. where the officer concerned is the chief officer or acting chief officer of any police force, the local policing body(10) for the forces area; in any other case, the chief officer of police of the police force concerned; complainant has the meaning given to it by section 29(2) of the 2002 Act (interpretation of Part 2)(11); complaint has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(12); conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred); conduct matter has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(13); all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction to the Crown Court); Director General means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct)(14); disciplinary action means, in order of seriousness starting with the least serious action. (d)any other matters that the Director General considers relevant. Try our Hot Rate Hotels, Cars and Flights. Subject to regulation 66(1), were omitted; in sub-paragraph (b), or appeal meeting were omitted; in sub-paragraph (d), , meeting were omitted. (7)As soon as practicable after it has completed the assessment under paragraph (5), the appropriate authority must, (a)inform the officer concerned of the outcome of its assessment, and. (b)fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. (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. When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. In regulation 63(1), for sub-paragraph (c) there were substituted. (6)This paragraph applies where it is decided at misconduct proceedings that the officers conduct amounts to misconduct and the decision is based on the officers conduct arising from more than one incident and those incidents are not closely factually connected. 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. 55.(1)Where the officer concerned is an officer other than a senior officer, the accelerated misconduct hearing must be conducted by, (a)where the police force concerned is the metropolitan police force, an assistant commissioner, or.