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. (d)if so, and subject to paragraph (10), what form the misconduct proceedings should take. . the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). written warnings are just for police record. (2)Paragraphs (3) and (4) apply to a matter that has been referred under these Regulations to be dealt with under the reflective practice review process. Over the last several years law. 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. 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. Such hearings were previously referred to as special case hearings, under the 2012 Regulations. gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). 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. 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. return the case to the appropriate authority to deal with in accordance with Part 4. may consider such documentary evidence as would, in their opinion, assist them in determining the question; if the officer is legally represented, the officers relevant lawyer or, where the officer is not legally represented, the officers police friend; the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and. it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. (i)after sub-paragraph (b), and were inserted; (ii)for sub-paragraphs (c) and (d) there were substituted, (c)indicate the investigators opinion as to whether. (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. (2)Subject to regulations 38 and 40, a misconduct meeting must be in private. (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. A person given a notification under paragraph (1) may, within the period of 21 days beginning with the day on which the notice is given or such longer period as the Director General may agree with that person, provide a written statement and any document which the person wishes the Director General to take into account for the purposes of the Condition C special determination. 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. [1] 2 Stay calm. fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (a)a statement of the investigators belief and the grounds for it; (b)a written report on the investigation to that point, and. (c)there was a serious breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action. (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. 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)written notice of whether or not they accept that their conduct amounts to misconduct or gross misconduct, as the case may be; (b)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, (c)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, (i)the allegations they dispute and their account of the relevant events, and. (13)The appropriate authority must supply the person determining the appeal with a copy of. (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. 9. (b)police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (5)At the beginning of the misconduct proceedings, the person conducting or chairing the misconduct proceedings must give the officer concerned the opportunity to say whether or not the officer accepts that the officers conduct amounts to misconduct or gross misconduct, as the case may be. (6)The Director General must give notification in writing of a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of the determination to the persons mentioned in paragraph (1).. (3)Subject to regulation 39(3) and (5), the complainant or any interested person may attend the misconduct meeting as an observer. A verbal warning and a written warning are . (12)Where evidence is given or considered at the accelerated misconduct hearing that the officer concerned, (a)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. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (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. only asked coz he wrote $167 beside it. Section 36(2) of the 2002 Act provides that in section 36 disciplinary proceedings means any proceedings under any regulations made under section 50 or, as the case may be, section 51 of the 1996 Act which are identified as disciplinary proceedings by those regulations. after sub-paragraph (b), and were inserted; for sub-paragraphs (c) and (d) there were substituted, indicate the investigators opinion as to whether. 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. The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b). Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (2)Where the chair requires notice to be given in accordance with paragraph (1), the appropriate authority or, as the case may be, the originating authority, must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 35(1). (11)Where the appropriate authority fails to make the determination referred to in paragraph (1) or (2) before the end of 15 working days beginning with the first working day after receipt of the report, it must notify the officer concerned of the reason for this. Police officers act with fairness and impartiality. (b)made at the accelerated misconduct hearing. (3)The officer concerned must provide the appropriate authority with a copy of any document they intend to rely on at the misconduct proceedings. i made me confused? 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). Your letter will be placed in your personnel file along with the written warning. before the end of 4 weeks beginning with the first working day after the previous review. revised terms of reference under paragraph (5), if there has been no previous notification following the supply of the written notice under paragraph (1), before the end of 4 weeks beginning with the first working day after that written notice was given, and. (iii)prohibit the publication of any matter under regulation 39(3)(c). (8)The appropriate authority must notify the officer concerned in writing whether it upholds or rejects an objection to the person appointed to determine the appeal or to any person appointed under regulation 8(6) to advise the person determining the appeal. 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. (b)may consider such documentary evidence as would, in their opinion, assist them in determining the question; (ii)if the officer is legally represented, the officers relevant lawyer or, where the officer is not legally represented, the officers police friend; (iii)the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and. under regulation 23 a case is referred to a misconduct hearing. (6)Subject to paragraph (7), the appropriate authority may appoint a person to advise the person conducting or chairing the misconduct proceedings or accelerated misconduct hearing or appeal meeting. the relevant lawyer representing the appropriate authority or, as the case may be, the originating authority, and. Condition C special determination: procedure, Before making a Condition C special determination the Director General must give a notification in writing to. Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. Subject to regulation 66(1), were omitted; in sub-paragraph (b), or appeal meeting were omitted; in sub-paragraph (d), , meeting were omitted. the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. 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. consult each of the officers concerned as regards the timing of the misconduct meeting, and. a chair appointed by the local policing body, selected on a fair and transparent basis from the list of legally qualified persons maintained by the local policing body for the purpose of these Regulations; a member of a police force of the rank of superintendent or above (provided the member is of a more senior rank than the officer concerned), appointed by the appropriate authority, and. 61.(1)The person conducting or chairing the accelerated misconduct hearing must determine the procedure at the hearing and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (11)In a case to which paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, the appropriate authority must consult withthe Director General, (a)in deciding whether or not to suspend the officer concerned under this regulation, and. (b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither. (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. Traffic Laws and Traffic Violations The rules of the road are not uniform across the United States. (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. 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. These Regulations are to be read as if regulation 34 were omitted. (b)the officer proposes an alternative date or time which satisfies paragraph (5). (6)The officer concerned may object to any person whom the officer is notified under this regulation is to. The persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither. (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. (c)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)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. (13)Where the Director General has made a decision under regulation 24(1) to present a case. whether it appears that the alleged gross misconduct has had an effect on relations between the public and the police, including relations between the members of the community where the alleged gross misconduct occurred and the police force concerned; the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and, When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are, 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). must have regard to the record of police service of the officer concerned as shown on the officers personal record; 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. the place at which the hearing will take place, and. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (10)Any such application must set out the period of the required extension and the reasons for the application. 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.. (b)where the person or persons find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. the duty specified in paragraph (4) to supply a list of proposed witnesses or give notice that there are no proposed witnesses lies with the Director General, and not with the appropriate authority or the originating authority. (5)The reference to a period in paragraph (4)(a) and (b) does not include any time when the officer concerned is taking a career break (under regulation 33(12) of the Police Regulations (leave) and the determination of the Secretary of State made under that regulation). where the officer concerned is a special constable, the police force maintained for the police area for which the officer is appointed; police friend means a person chosen by the officer concerned in accordance with regulation 7; police officer means a member of a police force or special constable; a member of the civilian staff of a police force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1), or. (b)orally, in which case the appropriate authority must confirm the suspension in writing with a summary of the reasons before the end of 3 working days beginning with the first working day after the suspension. (7)Any such objection must be made in writing to the appropriate authority before the end of 3 working days beginning with the first working day after the officer concerned is given notice of the persons name and must set out the grounds of objection of the officer. would be entitled to attend the misconduct hearing under regulation 38(1). This one had no mercy and gave me my first ticket. before the end of 3 working days beginning with the first working day after the officer is given notice of the persons name and must set out the grounds of objection of the officer. (a)the name of the person appointed to determine the appeal under paragraph (4); (b)the name of any person appointed under regulation 8(6) to advise the person determining the appeal, and. There are other amendments to section 63 but none are relevant. whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 39(3)(a); whether the chair should impose any conditions under regulation 39(3)(b); whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 39(3)(c); in the light of the representations made under sub-paragraphs (a) to (c).
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