Regulation 17 is to be read as if in paragraph (1), (b)for sub-paragraph (e), there were substituted. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23). where the investigation has been completed, on request and subject to the harm test, a copy of the investigators report or such parts of that report as relate to the officer. paragraph (2) applies and the case is referred to a misconduct hearing or an accelerated misconduct hearing, 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. 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. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the accelerated misconduct hearing. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. S.I. (a)the conduct, if proved, would amount to practice requiring improvement; (b)the matter should be referred to be dealt with under the Performance Regulations, or. 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. (5)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (d) of that paragraph, where the written terms of reference are given under paragraph (2) and those terms are revised by the investigator, the investigator must as soon as practicable give the officer concerned the revised terms of reference. before the end of 7 working days beginning with the first working day after being suspended; at any time during the suspension if the officer reasonably believes that circumstances relevant to the suspension conditions have changed. Part 3 of these Regulations will not apply to these cases. 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. having determined that the officer has a case to answer in respect of misconduct and that the case does not fall under sub-paragraphs (a), (b) or (c), those proceedings must be a misconduct meeting. However, within that year, the warning will increase . for would amount to neither misconduct nor, there were substituted would not amount to; in sub-paragraph (a), for it; there were substituted it, and; sub-paragraph (c), and and before it were omitted; in paragraphs (6) and (7), misconduct or were omitted. (5)For the purposes of these Regulations, the making of a protected disclosure by a police officer is not a breach of the Standards of Professional Behaviour. in sub-paragraph (c), the words from the beginning to 28(4), were omitted; in paragraphs (4) and (7), conducting or were omitted. that whilst the officer does not have to say anything it may harm the officers case if the officer does not mention when interviewed or when providing any information under regulation 18(1) or 31(2) or (3) something later relied on in any disciplinary proceedings. the line manager of the participating officer; another officer who is senior to the participating officer, or. the officer concerned or the officers police friend may provide any relevant documents to the investigator. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. provided under regulation 53(3) or (5), or. These Regulations deal with internal conduct matters brought to the attention of the police otherwise than under Schedule 3 to the Police Reform Act 2002 (2002 c. 30) (the 2002 Act). (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. (3)Where under paragraph (2) the officer concerned is allowed to and does so participate in the misconduct proceedings, or where the officer otherwise does not attend the misconduct proceedings, (a)the officer may nonetheless be represented at those proceedings by , (ii)in the case of a misconduct hearing, a relevant lawyer (in which case the police friend may also attend), and. 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. S.I. whether the chair should require notice to be given under paragraph (1); which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. provide the Director General with a copy of the written notices given under paragraphs (1) and (2). (10)Subject to the provisions of this regulation, any interested person or complainant entitled to be given notice of the appeal meeting under paragraph (7) may attend the appeal meeting as an observer. This publication is available for download at: http://www.college.police..uk/en/20989.htm. (ii)having regard to the nature of the allegation and any other relevant considerations, the public interest requires that the officer should be so suspended. the first relevant period is the period of 12 months beginning with the day on which the allegation first came to the attention of the appropriate authority; each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. )(16); paragraph (a) of the definition of disciplinary proceedings in section 29(1) of the 2002 Act (interpretation of Part 2)(17); section 36(2) of the 2002 Act (conduct of disciplinary proceedings)(18); document means anything in which information of any description is recorded; gross misconduct means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal; harm test has the meaning given to it in regulation 6; HMCIC means Her Majestys Chief Inspector of Constabulary appointed under section 54(1) of the 1996 Act (appointment and functions of inspectors of constabulary); human resources professional means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force; informant means a person who provides information to an investigation on the basis that the persons identity is not disclosed during the course of the disciplinary proceedings; interested party means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations; interested person means a person who has an interest in being kept properly informed about the handling of a complaint or conduct matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons)(19); appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations)(20), as the case may be; line manager means the police officer or the police staff member who has immediate supervisory responsibility for the officer concerned; misconduct, other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action; misconduct hearing means a hearing to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or gross misconduct or neither and whether disciplinary action should be imposed; misconduct meeting means a meeting to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or not and whether disciplinary action should be imposed; misconduct proceedings means a misconduct meeting or misconduct hearing; officer concerned means the police officer in relation to whose conduct there has been an allegation; originating authority has the meaning given to it in regulation 26(3); personal record means a personal record kept under regulation 15 of the Police Regulations (contents of personal records)(21); police barred list means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list)(22); the police force of which the officer concerned is a member, or. (a)it relates to a person who ceased to be a police officer before 15th December 2017(36); or. 1996 c. 16. the conduct, if proved, would amount to practice requiring improvement; the matter should be referred to be dealt with under the Performance Regulations, or. (11)Where the officer concerned objects to the complainant or interested person being present whilst a submission is made in mitigation on the officers behalf, the person determining the appeal may require the complainant or interested person to withdraw while the submission is made. (2)Where the question of disciplinary action for gross misconduct is being considered, the person or persons considering it, (iii)the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5); and, an opportunity to make oral or written representations, and. (c)the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate. 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). (3)The requirement to provide information under paragraph (1) does not apply in a case where it appears to the appropriate authority that to do so might prejudice the investigation or any other investigation (including a criminal investigation). These Regulations are to be read as if regulation 11 were omitted. (b)to the officer concerned in accordance with regulation 30(1). See section 50 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). 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. 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). (6)Before the end of 10 working days beginning with the first working day after the date on which the officer concerned has complied with regulation 31(2), the appropriate authority or, as the case may be, the originating authority must supply to the person conducting or chairing the misconduct proceedings a copy of. (3)Any person to whom this paragraph applies may make written representations to the person conducting or chairing the accelerated misconduct hearing in relation to. 39.(1)Subject to paragraph (3), a misconduct hearing must be in public. That shows that you see and acknowledge there is a cop behind you and that you are looking for a place to pull over. (10)For the purposes of this regulation parties means the appropriate authority or, as the case may be, the originating authority, the officer concerned, the officers representatives and, where the Director General is presenting the case, the Director General. whether disciplinary action for gross misconduct was imposed. the chief officer or acting chief officer of any police force at the relevant time, the local policing body for the forces area; any other police officer at the relevant time, the chief officer of police of the police force concerned;; (v)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; (vi)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; (aa), other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), were omitted; (bb)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; (viii)in the definition of misconduct hearing, after disciplinary action, there were inserted for gross misconduct; (ix)for the definition of misconduct proceedings, there were substituted. the officer concerned must comply with paragraphs (2) and (3). (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). New jersey state police warning ticket. a designated police volunteer serving in that force. at disciplinary and other proceedings)(24); senior officer means a member of a police force holding a rank above that of chief superintendent; severity assessment has the meaning given to it in regulation 14; special conditions has the meaning given to it in regulation 49; in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales; in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents Association, and. necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings; necessary in the interests of national security; necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters; justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. the documents that may be provided under paragraph (1)(c)(ii); comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. Traffic Laws and Traffic Violations The rules of the road are not uniform across the United States. Section 9 was amended by section 33(2) and (4) of the Policing and Crime Act 2017 to provide that the body corporate known as the IPCC would continue to exist and would be known instead as the Independent Office for Police Conduct (IOPC). (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. (ii)the investigation has been concluded. in submitting any information or by not submitting any information at all under regulation 18(1) or 31(2) or (3) (or, where paragraph (13) applies, regulation 54) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, in the case of a misconduct meeting, to misconduct or not, or. Part 1 contains preliminary provisions, including interpretation provisions. (i)necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings; (ii)necessary in the interests of national security; (iii)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (iv)necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters; (v)necessary and proportionate for the protection of the welfare and safety of any informant or witness; (vi)otherwise in the public interest, and. (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. (3)Where the person conducting or chairing the misconduct meeting decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, they must provide written notification of the reasons for that decision to the authority and the officer. Part 3 deals with investigations. This site is a beta, which means it's a . (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. But that's entirely at the officer's discretion, and they can change their mind at any time and for any reason. (11)In making a decision under paragraph (10), the person chairing the misconduct hearing may have regard to any representations, (a)provided under regulation 36(3) or (5), or. (2)Where the officer concerned informs the person conducting or chairing the misconduct proceedings in advance that the officer is unable to attend on grounds which the person conducting or chairing those proceedings considers reasonable, that person may allow the officer to participate in the proceedings by video link or other means.
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