4A.(1)This Part applies where the Director General is required under paragraph 23(5A)(ba)(61) of Schedule 3 to the 2002 Act (as applied with modifications by regulation 42 of, and Schedule 2 to, the Complaints and Misconduct Regulations) to make a Condition C special determination. 2006/3449 and 2011/3026. 19.(1)Where an investigation is not completed within a relevant period, the appropriate authority must, subject to paragraph (3), provide as soon as practicable the following information in writing to the local policing body. before the end of 7 working days beginning with the first working day after the report is given to the officer under regulation 43 (unless this period is extended by the appropriate authority for exceptional circumstances), and. 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. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. (c)the effect of paragraphs (6) to (9) of this regulation. (b)subject to the harm test, give the officer a copy of the investigators report or such parts of that report as relate to the officer. in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 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. (3)Condition A is that P ceased to be a police officer after the allegation first came to the attention of a relevant body. (6)Cases may only be referred to joint misconduct proceedings where all or none of the officers concerned are senior officers. (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. (4)Where the appropriate authority delegates its functions under regulation 49, a decision under that regulation as to whether to certify a case as one where the special conditions are satisfied must be authorised by a senior officer.. (c)where the 15 working day period referred to in regulation 31(1)(a) is extended in accordance with regulation 31(1)(b), the expiry of such extended period. any other police officer at the relevant time, the chief officer of police of the police force concerned; in the definition of gross misconduct, for as to justify dismissal there were substituted that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; , other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), were omitted; for so serious as to justify disciplinary action there were substituted not so serious that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; in the definition of misconduct hearing, after disciplinary action, there were inserted for gross misconduct; for the definition of misconduct proceedings, there were substituted, for the definition of police force concerned, there were substituted. (2)Where the Director General so attends the misconduct proceedings. (i)at the beginning, there were inserted Subject to paragraph (6A),; (ii)misconduct or and or neither were omitted; (b)in paragraph (2), for the words from amount, in the first place that word occurs, to the end, there were substituted not amount to gross misconduct, it must take no further action.; (ii)for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; (e)in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; (f)after paragraph (6), there were inserted, (6A)The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , (a)it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or. (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. To find more information on how to pay your infringement see pay your infringement. (4)This paragraph applies to a case where the appropriate authority submitted a memorandum to the Director General under regulation 26(5) of the Complaints and Misconduct Regulations (determination by the appropriate authority not to certify a case for accelerated procedure) and the Director General directed the appropriate authority to certify the case under regulation 26(8)(b) of those Regulations. the officer complies with regulation 31(2) and (3); the expiry of the 15 working day period referred to in regulation 31(1)(a), if the officer has not complied with regulation 31(2) and (3) within that period, or. According to Acas, a written warning is "a formal warning that the employer can give the employee at the end of the disciplinary procedure." (Note: At the end, not the beginning!) New provisions in this Part include, in particular, regulation 24, which provides for the Director General to decide to present a case on behalf of the appropriate authority; regulation 25, which makes provision about joint misconduct proceedings, where 2 or more cases arise from the same matter or incident; regulation 26 which provides for an appropriate authority to delegate functions in relation to the administration of a hearing to the chief officer of another police force; regulation 29, which specifies the role of the chair of the panel, in the case of a misconduct hearing, and regulation 33, which, where a matter is referred to a misconduct hearing, makes provision for a misconduct pre-hearing. 22. (4)Any account given by the participating officer under regulation 67(1)(b) or during the reflective practice review discussion held under regulation 69 is not admissible in any subsequent disciplinary proceedings brought against the participating officer, except to the extent that it consists of an admission relating to a matter that has not been referred to be dealt with under the reflective practice review process. (b)advise the person conducting or, as the case may be, chairing the misconduct proceedings. A written warning from a police officer to a driver is in lieu of a traffic ticket. in paragraph (2), conducting or were omitted; in sub-paragraph (a), for conduct or, as the case may be, chair, there were substituted chair; in sub-paragraph (b), conducting or, as the case may be, were omitted; conduct or, as the case may be, were omitted; in paragraph (6), and (7) were omitted; in paragraph (1)(b), conducting or were omitted; in paragraph (2)(a), (b) and (c), misconduct or and , as the case may be were omitted; in paragraph (2)(c)(ii), person or were omitted. (b)the complainant and any interested person, in any case to which regulation 40 applies. The officer that stops you will know you've been issued the written warning recently during a prior traffic . (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. (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. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. (7)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (5). (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. For instance, let's say you've been issued a written warning and are later stopped by police later. (7)As soon as reasonably practicable after any such appointment, the chair must give a written notice to the officer concerned of the name of the new panel member and of the effect of paragraphs (8) and (9) of this regulation. advise the person determining the appeal. They do not discriminate unlawfully or unfairly. (i)a member of a police force of the rank of sergeant or above; (ii)a senior human resources professional, or. (a)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; (i)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. supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017. (7)At a misconduct meeting or an appeal meeting, the person appointed under paragraph (6) must not be a relevant lawyer. These Regulations apply as if after regulation 4, there were inserted. (12)In relation to an objection under paragraph (11) of this regulation. an invitation to provide an account of the matter that has been referred for review. in relation to a member of a police force who is a senior officer, the Chief Police Officers Staff Association; Standards of Professional Behaviour has the meaning given in regulation 5 and references in these Regulations to the Standards of Professional Behaviour are to be construed accordingly(25); a day which is a bank holiday under the Banking and Financial Dealings Act 1971(26) in England and Wales. (a)the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to the hearing, and. address the proceedings in order to do any or all of the following. 32.(1)The appropriate authority or, as the case may be, the originating authority must supply to the person conducting or chairing the misconduct proceedings any lists of proposed witnesses supplied or notice given under regulation 31(4). (a)whether, and (if so) the extent to which, the person conducting or chairing the accelerated misconduct hearing should exclude any person from the whole or part of the hearing under regulation 59(2)(a); (b)whether the person conducting or chairing the accelerated misconduct hearing should impose any conditions under regulation 59(2)(b); (c)whether the person conducting or chairing the accelerated misconduct hearing should give directions prohibiting the publication of any matter relating to the proceedings under regulation 59(2)(c); (i)whether the person conducting or chairing the accelerated misconduct hearing should require notice to be given under paragraph (1); (5)Written representations, in relation to the matters specified in paragraph (3)(a) to (c), may also be made by any representative of the media to the person conducting or chairing the accelerated misconduct hearing. We have to document the information relating to motor vehicle stops in which a ticket, citation, or warning (including Verbal Warnings) is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; 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. (a)any written statement or document provided under paragraph (3); (b)any response to a consultation carried out under paragraph (4); (c)any findings relating to the conduct to which the investigation relates in any investigation report submitted to the Director General under Schedule 3 to the 2002 Act, and. the disciplinary proceedings would not be the first disciplinary proceedings to be taken against P in respect of the alleged gross misconduct unless they result from a re-investigation of the allegation (whether carried out under these Regulations or under the2002 Act) that begins not later than 12 months after the date on which P ceased to be a police officer. (a)where functions have been delegated under paragraph (1), appropriate authority, in relation to the exercise of such functions, means the chief officer of police to whom the functions have been delegated; (b)originating authority means the chief officer of police of the force of which the officer concerned is a member which has delegated functions under paragraph (1). They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. (l)any other matters that the Director General considers relevant. a statement of 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. (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.
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