2006/3449 and 2011/3026. (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. (4)The appropriate authority must send a copy of any report under this regulation to, (ii)was entitled to attend to make representations under regulation 58(1), and. (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. ENF-038, WRITTEN WARNING FORM . any of the Regulations and provisions in regulation 3(1), or, determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(, makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(, it relates to a person who ceased to be a police officer before 15th December 2017(. (14)The person determining the appeal must determine whether the notice of appeal sets out arguable grounds of appeal and if they decide that it does not, they must dismiss the appeal. the duty specified in paragraph (1) to supply any lists of witnesses or notice lies with the Director General and not with the appropriate authority or the originating authority; the duty specified in paragraph (6) to supply the specified documents to the person conducting or chairing the misconduct proceedings lies with the Director General and not with the appropriate authority or the originating authority; paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. it must, subject to regulation 10(3), refer the case to misconduct proceedings of the form specified. (4)Subject to regulation 39(3) and (5), a complainant or interested person may be accompanied at a misconduct meeting by one other person, and if the complainant or interested person has a special need, by one further person to accommodatethat need. (4)The accelerated misconduct hearing must not, except in exceptional circumstances, be adjourned solely to allow the complainant or any interested person to attend. (b)return the case to the appropriate authority to deal with in accordance with Part 4. (b)in deciding, following a review, whether or not to end a suspension under this regulation. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. (4)Subject to paragraph (5), the panel of persons must comprise. where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. (b)determine the date and time of the misconduct meeting, which must fall within the period specified in paragraph (7)(b). (3)The appropriate authority must consult the line manager of the officer concerned before making an assessment in terms of paragraph (2)(a) or (b). 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. A verbal warning and a written warning are . Here's some information on warning tickets: They are not recorded on your driving record. (c)has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) (i)regulation 1 in so far as it applies to the 2012 Regulations; (ii)regulation 2(1) and (3) (transitional provision); (iii)Part 2 (amendment of the 2012 Regulations); (iv)Schedule 1 (modifications to the 2012 Regulations). (iv)the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, an opportunity to make oral or written representations before any such question is determined, including on the appropriate level of disciplinary action, and, (d)where representations are received in relation to mitigating circumstances, (i)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. (b)if (after the officer denied misconduct) the person conducting or chairing the misconduct meeting found that the officers conduct amounted to misconduct, against that finding or any disciplinary action imposed under regulation 42. 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. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. conduct or, as the case may be, chair the misconduct proceedings, or. (4)An appeal under this regulation must be determined, (a)where the person who conducted the misconduct meeting was a member of a police force, by, (i)a member of a police force of at least one rank higher than that person, or. (4)Where it appears to the person conducting or chairing the misconduct proceedings that any person may, in giving evidence, disclose information which ought not to be disclosed to any person, other than a party to the proceedings, attending the proceedings because it is information to which paragraph (7) applies, they must require such attendees to withdraw while the evidence is given. (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. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. the appropriate authority may make a determination, or in the case of an accelerated misconduct hearing must make a further determination, as to whether the special conditions are satisfied. (13)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. (7)At a misconduct meeting or an appeal meeting, the person appointed under paragraph (6) must not be a relevant lawyer. (2)Subject to regulation 25(4) to (8), where functions have been delegated to the same chief officer of police, in respect of more than one case which relates to the same matter or incident, the cases may be dealt with at a joint misconduct hearing. 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. (a)on receipt of any representations under paragraph (7); (b)if there has been no previous review, before the end of 4 weeks beginning with the first working day after the suspension; (i)when it becomes aware that circumstances relevant to the suspension conditions may have changed (whether by means of representations made under paragraph (7)(b) or otherwise), or. If you have any questions concerning traffic related laws or issues in Minnesota, send your questions to Sgt. A Condition C special determination is a determination by the Director General as to whether the taking of disciplinary proceedings against a Condition C person in respect of alleged gross misconduct would be reasonable and proportionate having regard to. (a)the notice given to the officer concerned under regulation 51(1); (b)the other documents given to the officer under regulation 51(1); (c)the documents provided by the officer under. if the officer concerned is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5); and, where representations are received into 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 concerned could reasonably have been expected to so mention them, and. (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). state that the Director General is to make a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of such a determination; if disciplinary proceedings are taken and the allegation of gross misconduct is proved, the officer concerned 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, and. on receipt of any representations under paragraph (7); if there has been no previous review, before the end of 4 weeks beginning with the first working day after the suspension; when it becomes aware that circumstances relevant to the suspension conditions may have changed (whether by means of representations made under paragraph (7)(b) or otherwise), or. in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 1965/536 to which there are amendments not relevant to these Regulations. 4.(1)Subject to paragraph (6), these Regulations apply where an allegation comes to the attention of an appropriate authority which indicates that the conduct of a police officer may amount to misconduct, gross misconduct or practice requiring improvement. to the officer in accordance with regulation 51(1). in relation to an officer who was a senior officer at the relevant time, the Chief Police Officers Staff Association; for paragraph (4), there were substituted. (a)a decision under regulation 11 to suspend an officer or to continue or end such a suspension; (b)a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. See section 101(1) of the Police Act 1996 for the definition of local policing body. 34. 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). (a)it relates to a person who ceased to be a police officer before 15th December 2017(36); or. whether disciplinary action for gross misconduct was imposed. that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. Section 29(1) of the 2002 Act provides that for the purposes of Part 2 of that Act disciplinary proceedings in relation to a member of a police force or a special constable means proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations (paragraph (a) of the definition of disciplinary proceedings). (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 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. 30.(1)Where a case is referred to misconduct proceedings, the appropriate authority must as soon as practicable give the officer concerned. For example, when a police officer pulls you over for running a stop sign, they will give you a document outlining the violation. where the misconduct meeting arose from the investigation of a conduct matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc. 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. Report a crime, contact us and other services, plus crime prevention advice, crime news, appeals and statistics. Regulation 16 is to be read as if misconduct or, in both places where those words appear, were omitted. (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. Where the question of disciplinary action for gross misconduct is being considered, the person or persons considering it, the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5); and, The person chairing a misconduct hearing must provide any information to the appropriate 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, Advanced Search (including Welsh legislation in Welsh language), http://www.college.police..uk/en/20989.htm, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy.
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