a summary of planned steps to progress the investigation and bring it to a conclusion. (d)the Director General is of the view that in the particular circumstances of the case there is a compelling public interest for the Director General to present the case. Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the Policing and Crime Act 2017. Paragraphs 16, 18 and 19 of Schedule 3 to the 2002 Act make provision for the investigation to be carried out by the appropriate authority on its own behalf, by the appropriate authority under the direction of the Director General and by the Director General respectively. 15.(1)This regulation applies where the matter is to be investigated in accordance with regulation 14. in line with any restrictions imposed on the disclosure of information during the course of the proceedings. Regulation 14 provides for the appropriate authority to make a severity assessment in relation to the conduct which is the subject matter of the allegation. Access essential accompanying documents and information for this legislation item from this tab. Written warning: If an officer issues you a written warning after pulling you over, there is a chance it will end up on your driving record. (4)Where the appropriate authority delegates its functions under regulation 11 or 49, the following decisions must be authorised by a senior officer. (13)The chair must determine whether it would be in the interests of justice for the application to be granted, provided that the date fixed for the commencement of the hearing must be within the period specified in regulation 29(2), or such extended period as the chair may specify under regulation 29(6)(a). after sub-paragraph (b), and were inserted; for sub-paragraphs (c) and (d) there were substituted, indicate the investigators opinion as to whether. Stay up to date with the latest community news written by award-winning editors and local reporters. 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. (b)in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 71. (5)Where the appropriate authority determines, (a)that the special conditions are not satisfied, or. notify the officer concerned of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. Section 29(7)(a) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the 2017 Act, may not make provision in relation to a person who ceases to be a police officer (within the meaning of these Regulations) before the coming into force of section 29(2) and (3) of the 2017 Act. Paragraph 24(6) was substituted by paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 1 and 14(1) and (3) of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraph 47(h)(xiii) of Schedule 5 to the Policing and Crime Act 2017. certified Basic Police Academy within the 3 years prior to submissions of the application. (4)Subject to paragraph (5), the panel of persons must comprise. 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. A notice of enquiry given under paragraph (1) must, state any question the investigator wishes to ask the officer concerned, 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. 2020/2) which deal with public complaints and other discipline related matters arising under Schedule 3 to the 2002 Act. 60.(1)This regulation applies in the case of an accelerated misconduct hearing arising from the investigation of a, (a)conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. (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. paragraph (a) of the definition of disciplinary proceedings in section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings etc. (i)there is a case to answer in respect of gross misconduct or there is no case to answer; (ii)where the investigators opinion is that there is no such case to answer, there may nevertheless have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.; (i)for would amount to neither misconduct nor, there were substituted would not amount to; (ii)in sub-paragraph (a), for it; there were substituted it, and; (iii)sub-paragraph (c), and and before it were omitted; (c)in paragraphs (6) and (7), misconduct or were omitted. (14)At the misconduct pre-hearing the chair may issue directions including, but not limited to, the matters set out in this regulation, other than paragraph (8)(f). where the officer concerned was a special constable at the relevant time, the police force maintained for the police area for which the officer was appointed at that time;; (i)for the definition of police officer, except in its application to regulations 4, 7 and 8, there were substituted. (b)one of the conditions set out in paragraph (3) is satisfied. (d)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. (3)In a case where the misconduct proceedings have been delayed by virtue of regulation 10(3), as soon as practicable after, (a)the appropriate authority considers that such proceedings would no longer prejudice any criminal proceedings, or. Where the investigator is satisfied that, having regard to the circumstances of the officer concerned, it would be unreasonable to require the officer to attend an interview, the investigator may cause the officer concerned to be given a written notice of enquiry. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). stating the grounds of appeal and whether a meeting is requested. (6)Reduction in rank may only be imposed under this regulation where the person or persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority, including in relation to the likely operational impact. Condition C special determination: procedure, Before making a Condition C special determination the Director General must give a notification in writing to. the appropriate authority or, as the case may be, the originating authority, or. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. (6)In paragraph (5), protected disclosure has the meaning given by section 43A of the Employment Rights Act 1996 (meaning of protected disclosure)(27). in relation to an officer who was a member of a police force of the rank of chief inspector or below at the relevant time, the Police Federation of England and Wales; in relation to an officer who was a member of a police force of the rank of superintendent or chief superintendent at the relevant time, the Police Superintendents Association, and. provide an accurate summary of the evidence; attach or refer to any relevant documents; 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. Verbal Warning Vs Written Warning By Police. (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. I honestly had no clue why he pulled me over. (2)The misconduct proceedings must not proceed unless the officer concerned has been notified of the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings taking place. (b)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. 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). (b)police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. 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. a copy of any such document, where it has not already been supplied. 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. (14)This paragraph applies where the case was certified as one where the special conditions are satisfied following a determination made under regulation 49(3), being a case where misconduct proceedings have been delayed by virtue of regulation 10(3). . (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. 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. supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. (b)the appropriate authority must assess whether, if the matter were to be referred to misconduct proceedings under regulation 23, those would be likely to be a misconduct meeting or a misconduct hearing. (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. (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. 24.(1)The Director General may decide to present the case on behalf of the appropriate authority where, (a)paragraph (2) applies and the case is referred to a misconduct hearing or an accelerated misconduct hearing, or. 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. S.I. having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; where the officer had a final written warning in force at the date of the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations (special procedure: severity assessment), those proceedings must be a misconduct hearing; where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(. (4)For the purposes of this regulation, a nominated person is a person who, in the opinion of, (a)the appropriate authority or, as the case may be, the originating authority, or. whether it appears that the alleged gross misconduct amounts to a criminal offence; whether it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct and, if so, the extent and seriousness of the harm; where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; whether it appears that the alleged gross misconduct was intentional; whether it appears that the purpose or one of the purposes of the alleged gross misconduct was personal gain or benefit for the officer concerned; whether it appears that the alleged gross misconduct is aggravated by discriminatory behaviour on the grounds of a persons race, gender, disability, age, religion or belief, sexual orientation or gender identity; whether it appears that the officer concerned acted with one or more other persons serving with the police within the meaning of section 12(7)(a) or (c) of the 2002 Act (member of a police force or special constable under the direction and control of a chief officer); the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; whether it appears that the officer concerned has taken steps to prevent the alleged gross misconduct being identified or to obstruct investigations into it, other than lawful steps in the officers defence; whether it appears that the alleged gross misconduct has had an adverse effect on community relations; whether it appears that there are mitigating circumstances arising out of the health (whether physical or mental) of the officer concerned at the time of the alleged gross misconduct, and. (3)The person conducting or chairing the misconduct proceedings must. The persons conducting a misconduct hearing may, subject to the provisions of this regulation, where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. 54.(1)Before the end of 7 working days beginning with the first working day after the written notice is given to the officer concerned under regulation 51(1), the officer concerned must give the appropriate authority. (b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither. A written warning has zero effect on your driver's license or your vehicle insurance. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23). any other documents that, in the opinion of the appropriate authority or, as the case may be, the originating authority should be considered at the misconduct proceedings. In Minnesota, a conviction for speeding 74 in a 65mph speed limit would bo on the court's record and the Driver's License Record. BTW, my ticket . (a)15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. (b)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. Physical Demands and Working Environment The conditions herein are representative of those that must be met by an employee to successfully perform the essential . Do Police Officers keep track of the warnings they give you? 43.(1)The person conducting or chairing the misconduct proceedings must, before the end of a period of 5 working days beginning with the first working day after the completion of the misconduct hearing or misconduct meeting, submit a report to the appropriate authority or, where functions have been delegated under regulation 26(1), to the originating authority setting out. (2)A notice of enquiry given under paragraph (1) must, (a)state any question the investigator wishes to ask the officer concerned, and. (a)the officer complies with regulation 31(2) and (3); (b)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. Traffic Tickets vs Warnings The Traffic Attorney 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. Tickets vs warnings - Police Forums & Law Enforcement Forums (i)take no further action against the officer concerned; (ii)refer the matter to the reflective practice review process, or, (iii)refer the matter to be dealt with under the Performance Regulations, and, (b)the appropriate authority must as soon as practicable give the officer concerned, (i)written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and. 57.(1)Subject to paragraph (2), the officer concerned must attend the accelerated misconduct hearing. (8)Prior to the misconduct proceedings, the appropriate authority or, as the case may be, the originating authority, must supply the officer concerned with, (a)a list of the documents supplied under paragraph (6), and. 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. It was right after I made a right turn, so I knew I was not speeding. (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. 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. (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. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (a)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; (b)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. (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. (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. [1] 2 Move to the side of the road as quickly as possible. (b)where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. (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. where it appears that the officer concerned should be so prevented, whether disciplinary proceedings are necessary for this purpose; the length of time since the alleged gross misconduct occurred; 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; 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; 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, In paragraph (3)(c), vulnerable person means a person who, by reason of age, disability or ill-health, is, or may be, unable to. (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. Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (14) applies. Is a written warning for speeding technically considered a traffic Police appeals tribunal has the same meaning as in section 85 of the 1996 Act. (4)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(64) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).. (b)advise the person determining the appeal. Paragraph (4) applies where disciplinary action for gross misconduct is imposed. (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. the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as the case may be; where functions in relation to the administration of the hearing have been delegated under regulation 26(1), the details of the authority to whom they have been delegated; the name of the person appointed to conduct (in the case of a misconduct meeting for an officer other than a senior officer) or chair (in any other case) the misconduct proceedings and, in the case of a chair, confirmation that the person has been selected on a fair and transparent basis; the effect of paragraphs (3) to (6) of this regulation; the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (7)A misconduct pre-hearing may be conducted by telephone or by such other electronic means as may be agreed between the parties, or, where the parties fail to agree, as decided by the chair. (c)if the appropriate authority determines the officer has no case to answer, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.; (i)in sub-paragraph (a), misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or were omitted; (ii)for sub-paragraphs (b) to (d), there were substituted. (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. the place at which the hearing will take place, and. 2006/3449 and 2011/3026. conducting or and or misconduct meeting were omitted; in sub-paragraph (a), person or were omitted; for sub-paragraphs (c) and (d), there were substituted.

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