(5)The person conducting or chairing the misconduct proceedings may, at the persons discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer. where the case is referred to a misconduct meeting, that meeting must be conducted by a person appointed by the appropriate authority in accordance with paragraph (3) who is not an interested party; where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons appointed in accordance with paragraph (4). (a)provide an accurate summary of the evidence; (b)attach or refer to any relevant documents; (c)indicate the investigators opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer, and. Paragraph 24(6) of Schedule 3 to the 2002 Act was substituted by section 127 of, and paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to, the Criminal Justice and Immigration Act 2008 and was amended by section 95 of, and paragraphs 1 and 14(1) and (3) of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 and section 16 of, and paragraphs 9, 27(1) and (2) and 47(h)(xiii) of Schedule 5 to, the Policing and Crime Act 2017. (c)give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. 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. 4B.(1)Before making a Condition C special determination the Director General must give a notification in writing to, (2)A notification under paragraph (1) must. (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). ENF-038, WRITTEN WARNING FORM . A written warning has zero effect on your driver's license or your vehicle insurance. (a)in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; (b)in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. In accordance with section 63(3)(a) of the Police Act 1996(4), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations. 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. the officer proposes an alternative date or time which satisfies paragraph (7). if the officer concerned is subject to such a finding, the officer will be included in the police barred list; subject to the harm test, set out 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; set out the persons rights under paragraph (3); in the case of the officer concerned, state that the officer has the right to seek advice from the officers staff association or any other body and the effect of regulation 7(1) and (2). [1] 2 Move to the side of the road as quickly as possible. See section 50 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). 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); whether the person conducting or chairing the accelerated misconduct hearing should impose any conditions under regulation 59(2)(b); 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); whether the person conducting or chairing the accelerated misconduct hearing should require notice to be given under paragraph (1); written notice of whether or not they accept that their conduct amounts to gross misconduct; where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; where they do not accept that their conduct amounts to gross misconduct, written notice of. in paragraph (2)(a), if it is a misconduct hearing were omitted; in paragraphs (2)(c), (3) and (4), conducting or were omitted. (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). 15. (b)one of the conditions set out in paragraph (3) is satisfied. 1996 c. 18. No changes have been applied to the text. (b)the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (i)conducting or and or misconduct meeting were omitted; (ii)in sub-paragraph (a), person or were omitted; (iii)for sub-paragraphs (c) and (d), there were substituted. Motors guys are ticket machines, that's all they do all day is go from one stop to another. the appropriate authority, when its views were sought in respect of the case under paragraph 23(5A)(a)(i) of Schedule 3 to the 2002 Act (action by the Director General in relation to an investigation report under paragraph 22)(, the appropriate authority notified the Director General under paragraph 25(4D)(a) of Schedule 3 to the 2002 Act (reviews with respect to an investigation) that it did not accept a recommendation of the Director General under paragraph 25(4C)(c)(i) of Schedule 3 to the 2002 Act (reviews with respect to an investigation)(, the appropriate authority and the Director General agree that the Director General should present the case, or. (iii)prohibit the publication of any matter under regulation 39(3)(c). Paragraph 23(5A) was inserted by section 16 of, and paragraphs 9 and 26(1) and (2) of Schedule 5 to, the Policing and Crime Act 2017. (c)a person appointed by the local policing body, selected on a fair and transparent basis from a list of candidates maintained by the local policing body for the purpose of these Regulations. 41. (b)in any other case, subject to paragraph (2), the chief officer of police of the police force concerned. (7)The investigator must, in advance of the interview, provide the officer concerned with such information as the investigator considers appropriate in the circumstances of the case to enable the officer to prepare for the interview. Regulation 33 was amended by S.I. the finding of the person or persons conducting the accelerated misconduct hearing; was entitled to attend to make representations under regulation 58(1), and. (ii)a report will be submitted under regulation 21; (e)the reason for the length of time taken by the investigation, and. (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. (3)Subject to paragraph (4), the person conducting or chairing the misconduct proceedings may from time to time adjourn the proceedings if it appears to the person to be necessary or expedient to do so. (9)The person determining the appeal must determine the procedure at the appeal meeting and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (7)This paragraph applies to information in so far as the person conducting or chairing the misconduct proceedings considers that preventing disclosure of it to an attendee is. Apparently the officer was in a decent enough mood to let me off with a warning, and not a $200 ticket. 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; where the person who conducted the misconduct meeting was a police staff member, by, a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. 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; 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. (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (iii)unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned. any criminal proceedings have concluded (whatever the outcome of those proceedings). (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. 67.(1)Where a matter is referred to the reflective practice review process, the reviewer must as soon as practicable provide the following to the participating officer, (a)details of the matter that has been referred and the circumstances that are being considered, and. in deciding, following a review, whether or not to end a suspension under this regulation. (9)Where, following a review under paragraph (8), the suspension conditions remain satisfied and the appropriate authority decides the suspension should continue, it must, before the end of 3 working days beginning with the day after the review, so notify the officer concerned in writing with a summary of the reasons. 53.(1)The person conducting or chairing an accelerated misconduct hearing may require the appropriate authority to give notice of the hearing which contains information relating to one or more of. (b)includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. (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. 12. (6)The person representing the appropriate authority or, as the case may be, the originating authority may, (a)address the proceedings in order to do any or all of the following. for is a senior officer, if they are, there were substituted was a senior officer at the relevant time, if they were at that time; in paragraph (ii), for where the officer is a member of the metropolitan police force, there were substituted , where the officer was a member of the metropolitan police force at the relevant time. They do not discriminate unlawfully or unfairly. (a)the appropriate authority is the chief officer of any police force, and. If the violation is very minor and your tags are only recently expired, you may get away just with a verbal warning. the appropriate authority has made reasonable enquiries in order to determine the last known address of the officer but it has been unsuccessful. (6)Subject to paragraph (7), these Regulations do not apply in relation to, (i)any of the Regulations and provisions in regulation 3(1), or, (a)determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(34) that a complaint or matter is to be re-investigated, or. (a)impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; (b)where they find the conduct amounts to neither gross misconduct nor misconduct, direct that the matter is referred to be dealt with under the reflective practice review process. Within three days from receipt of the citation, the police chief or a designated officer of at least sergeant grade would decide whether to proceed by way of a written warning, a court complaint, (3) reference to the Registry of Motor Vehicles, or voiding the citation. (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. Regulation 16 is to be read as if misconduct or, in both places where those words appear, were omitted. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (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. Paragraph 23(5A) to (5F) was inserted by paragraphs 9 and 26(1) and (2) of Schedule 5 to the Policing and Crime Act 2017. paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, or, paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied andthe Director General. (iii)reduction in rank, where paragraph (5) or (6) applies; (iv)dismissal without notice, where paragraph (5) or (6) applies; (b)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). 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). . (4)In all cases referred to in paragraph (3) the notice of the right of appeal must be in writing and include the name of the person to whom an appeal should be sent. Paragraph 28ZA of Schedule 3 to the 2002 Act was inserted by section 16 of, and paragraph 45 of Schedule 5 to, the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1), (2) and (20) of Schedule 9 to that Act. the appropriate authority decides, following a review, that the suspension conditions are no longer satisfied; either of the events mentioned in paragraph (5)(a) and (b). (4)Except in a case where the officer concerned has the right to be legally represented and chooses to be so represented, the officer may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting only by a police friend. determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). respond on behalf of the authority to any view expressed at the proceedings; make representations concerning any aspect of proceedings under these Regulations, and, subject to paragraph (10), ask questions of any witnesses, and, address the proceedings in order to do all or any of the following. the misconduct pre-hearing must be postponed to the date or time proposed by the officer. where the person who conducted the misconduct meeting was a member of a police force, by, a member of a police force of at least one rank higher than that person, or. (b)any criminal proceedings have concluded (whatever the outcome). A warning for a traffic infraction is a reprieve, but it should also be viewed as a wake-up call. (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. Section 13B was inserted by section 18(1) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 20 of Schedule 9 to that Act. 2006/3449 and 2011/3026. 40. (a)in paragraph (2), in both places where the words appear, conducting or were omitted; (b)in paragraph (3)(a)(ii), in the case of a misconduct hearing, were omitted. the words from the beginning to panel, were omitted; for that panel there were substituted the panel; in paragraph (10), the words from or to to regulation 40(6), were omitted. left with a person at, or sent by recorded delivery to, the officers last known address; given to the officer in person by the officers police friend where the police friend has agreed with the appropriate authority to deliver the notice or document, or. Once you see the lights behind you, turn on your turn signal. 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). a statement of the investigators belief and the grounds for it, and. in paragraph (1)(a), for is there were substituted was at the relevant time; in paragraph (3)(b), in the definition of originating authority, for is there were substituted was at the relevant time. 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. These Regulations are to be read as if after regulation 20 there were inserted. Section 12(2) was amended by section 2(3)(a) of the Police (Complaints and Conduct) Act 2012 (c.22) and paragraph 8(6)(a) of Schedule 14 to the Police Reform and Social Responsibility Act 2011. (3)The discussion must include, in particular, (a)a discussion of the practice requiring improvement and related circumstances that have been identified, and. (b)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. 13. (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). If you have any questions concerning traffic related laws or issues in Minnesota, send your questions to Sgt. only asked coz he wrote $167 beside it. 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. (3)The reviewer must send a copy of the report to the appropriate authority. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. who is not an interested party, appointed by the appropriate authority. in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. Stay up to date with the latest community news written by award-winning editors and local reporters. Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice. For instance, let's say you've been issued a written warning and are later stopped by police later. the complainant and any interested person, in any case to which regulation 40 applies. (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. in submitting any information or by not submitting any information at all under regulation 54 (or, where paragraph 14 applies, regulation 18(1) or 31(2) or (3)) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, a period of 2 years beginning with the day on which it was notified to the officer concerned, or. (b)in submitting any information or by not submitting any information at all under regulation 54 (or, where paragraph 14 applies, regulation 18(1) or 31(2) or (3)) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations. 10.(1)Subject to the provisions of this regulation, proceedings under these Regulations must proceed without delay. (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. 44.(1)A record of the misconduct proceedings must be taken and in the case of a misconduct hearing that record must be verbatim. (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. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. if the officer 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. (d)revised terms of reference under paragraph (5). (2)The disciplinary action has effect from the date on which it is notified to the officer concerned. She only gave me a warning. These powers are subject to regulations made under section 50 of the 1996 Act (sections 38(7) and 48(7) of the 2011 Act). (3)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, a final written warning must not be given. a police officer or police staff member of the police force concerned, or. (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. 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. that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. 6. (2)The appropriate authority or, as the case may be, the originating authority, must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of, (a)the report submitted under paragraph (1), and. (5)Where the Director General has made a decision under regulation 24(1) to present a case, (a)the officer concerned must, within the time period specified in paragraph (1), provide the Director General with a copy of the documents specified in paragraphs (2) and (3), and. 58.(1)Subject to paragraph (5), in any case where. the person conducting or chairing the misconduct proceedings must notify the officer concerned prior to those proceedings. 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 finding or disciplinary action imposed was unreasonable; 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. the appropriate authority must give the Director General written notice of the determination of the appeal with a summary of the reasons. (3)Where the appropriate authority is to proceed in accordance with Part 4, regulation 23(1) must be read as if the words Subject to regulation 49, on receipt of the investigators report under regulation 21(1), were omitted. might prejudice the investigation or any other investigation (including, in particular, a criminal investigation). a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. (a)paragraph (4) applies except in so far as it specifies the period of time for making an objection; (b)the objection must be made before the end of 3 working days beginning with the first working day after the officer concerned has been given the notice referred to in paragraph (7); (c)paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the appropriate authority to give written notice of the effects of paragraphs (8) and (9). (5)This paragraph applies where a final written warning was in force on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations. Also, as happened to me in Guthrie, it enables a "no contest" plea, which involves the regular fine, a stern warning from the judge, and no other punishment - if one doesn't get another in 6 months. (3)The appropriate authority must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of that report. paragraph (4) applies and the case is referred to an accelerated misconduct hearing. Paragraph 16 was amended by paragraphs 11 and 14 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011, paragraphs 8 and 17 of Schedule 6 to the Crime and Courts Act 2013 (c. 22) and paragraphs 9 and 16 of Schedule 5 to the Policing and Crime Act 2017; paragraph 18 was amended by paragraphs 1, 11 and 16 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and by paragraphs 9, 15, 18 and 19 of Schedule 5 to the Policing and Crime Act 2017; paragraph 19 was amended by paragraphs 1, 11 and 17 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 9, 15, 20 and 56 of Schedule 9 to the Policing and Crime Act 2017. (3)A notice of the right of appeal under paragraph (2) is a notice, (a)where the officer concerned is an officer other than a senior officer, (i)if the case was decided at a misconduct meeting, of the right of appeal under regulation 45, or. Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. Part 5 makes provision about accelerated misconduct hearings. (iii)a designated police volunteer serving in that force. it is in the public interest for the officer concerned to cease to be a member of a police force or a special constable without delay. (a)whether it appears that the officer concerned should be prevented from future employment or appointment by a person mentioned in section 88C(5) of the 1996 Act (effect of inclusion in police barred list: persons who may not employ or otherwise appoint a barred person)(62); (b)where it appears that the officer concerned should be so prevented, whether disciplinary proceedings are necessary for this purpose; (c)the length of time since the alleged gross misconduct occurred; (d)whether it appears that the officer concerned will be held to account in respect of the alleged gross misconduct through other means, such as criminal or other proceedings; (e)where it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct, whether it appears that a decision not to take disciplinary proceedings would adversely affect that person; (f)whether it appears that the officer concerned is unfit to be subject to or to participate in disciplinary proceedings by reason of disability or ill-health, and.
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