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(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. Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. (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. Where there is an indication that the persons conduct amounts to gross misconduct, the person will be at risk of dismissal if the allegation is proved. In many cases, officers also have the discretion to issue warning citations. (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 person conducting or chairing the accelerated misconduct hearing for provision of such representations. (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. 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. accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. the appropriate authority considers that such proceedings or hearing would no longer prejudice any criminal proceedings, or. (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. (10)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the accelerated misconduct hearing. Tickets/Infringements | New Zealand Police (6)Where the appropriate authority is required to publish the report in accordance with paragraph (5), it must do so as soon as practicable after the officer concerned is notified of the outcome of the accelerated misconduct hearing under paragraph (3). the Director General may attend the accelerated misconduct hearing to make representations. after regulation 18(1) there were inserted , 20A(2); after regulation 20 there were inserted or 21A(2); after Regulations, there were inserted (as modified by regulation 42 of and Schedule 2 to those Regulations). You get it fixed and then you take your car and the warning and you go to the police station within 10 days. (a)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; (b)each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period. Traffic guys like DUI's, tickets and do accident investigations. (5)For the purpose of section 84(4) of the 1996 Act (power to prescribe the panel for the purpose of representation at proceedings), the panel of persons or the person specified by this regulation to conduct an accelerated misconduct hearing is prescribed as the panel. any arguments on points of law they wish to be considered by the person or persons conducting the accelerated misconduct hearing; a copy of any document they intend to rely on at the accelerated misconduct hearing. Condition C special determination: matters to be taken into account, This Part applies where the Director General is required under paragraph 23(5A)(ba). (6)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. (a)a decision under regulation 11 to suspend an officer or to continue or end such a suspension; (b)a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. 12. (3)Where the police friend is a police officer or a police staff member, the chief officer of police of the force of which the police friend is a member must permit the police friend to use a reasonable amount of duty time for the purposes referred to in paragraph (2). a decision under regulation 11 to suspend an officer or to continue or end such a suspension; a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. 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. conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. by the officer concerned to the appropriate authority in accordance with regulation 54, or. Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances. in line with any restrictions imposed on the disclosure of information during the course of the proceedings. (10)Where the officer concerned is suspended under this regulation, the officer must remain so suspended until whichever of the following occurs first. (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. Once a police officer determines that your driver is in violation of a traffic or safety law, they can give a warning or a citation. where the officer is a member of a police force, a person nominated by the officers staff association. any criminal proceedings have concluded (whatever the outcome of those proceedings). prohibit the publication of any matter under regulation 39(3)(c). Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy. 34. failed to mention any fact relied on in the officers case at the misconduct proceedings, being a fact which in the circumstances existing at the time, the officer could reasonably have been expected to mention when so questioned or when providing such information, paragraph (14) applies. Whether or not the officer cites the driver for the violation is completely within that officer's discretion. the officer concerned or their police friend will not be available, and. (a)the line manager of the participating officer; (b)another officer who is senior to the participating officer, or. the officer proposes an alternative date or time which satisfies paragraph (3). (a)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; (b)the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; (c)the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and. 50.(1)Subject to paragraph (4), at any time after the case has been referred to an accelerated misconduct hearing but before the beginning of that hearing, the appropriate authority may direct that the case be dealt with under Part 4 if it considers that the special conditions are no longer satisfied. See section 101(1) of the Police Act 1996 for the definition of local policing body. a designated police volunteer serving in that force. (ii)any arguments on points of law they wish to be considered by the person or persons conducting the accelerated misconduct hearing; (d)a copy of any document they intend to rely on at the accelerated misconduct hearing. 35.(1)The appropriate authority must give the officer concerned written notice of the date, time and place of the misconduct proceedings. (11)The references to a period in paragraph (9)(a) and (b), including any such period as extended, if relevant, in accordance with paragraph (10), does not include any time when the officer 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)(50). 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. in the case of joint misconduct proceedings, copied to each other officer concerned. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. These powers are subject to regulations made under section 50 of the 1996 Act (sections 38(7) and 48(7) of the 2011 Act). (c)where the officer is a member of a police force, a person nominated by the officers staff association. (a)the seriousness of the alleged gross misconduct; (b)the impact of the allegation on public confidence in the police, and, (3)When assessing the seriousness of the alleged gross misconduct for the purposes of paragraph (2)(a), the matters which the Director General must take into account are. (8)The officer concerned may object to the appointment of a person appointed under paragraph (6). the appropriate authority must, subject to regulation 49(3) and paragraph (10) and unless the appropriate authority must refer the case to misconduct proceedings in accordance with paragraph (9), make a further determination as to the matters set out in paragraph (1)(a) to (c) or, as the case may be, paragraph (2)(a) to (d). (5)Where the officer concerned is a senior officer, for paragraph (4)(b) there is substituted. 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. that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. (2)Where the officer concerned informs the person conducting or chairing the accelerated misconduct hearing in advance that the officer is unable to attend on grounds which the person conducting or chairing the hearing considers reasonable, that person may allow the officer to participate in the hearing by video link or other means. (a)whether the officer concerned has a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act)(41) or gross misconduct or whether the officer has no case to answer; (b)where under paragraph (a) the appropriate authority determines that there is a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act), whether the case amounts to misconduct(42); (c)where there is a case to answer in respect of misconduct or gross misconduct, whether or not misconduct proceedings should be brought against the officer concerned, and. 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 misconduct meeting must be postponed to the date or time proposed by the officer. 41. 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. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. Welcome to the Lincolnshire Police website. (a)in paragraph (1), for sub-paragraph (c), there were substituted. 2017/1135) consequential on the revocation and replacement of the 2012 Regulations by these Regulations. (3)The investigator or a nominated person must attend the accelerated misconduct hearing on the request of the person conducting or chairing the hearing to answer questions. (12)Where evidence is given or considered at the misconduct proceedings 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. any other matters that the Director General considers relevant. (3)If at any time during the investigation the investigator believes that the appropriate authority would, on consideration of the matter, be likely to determine that the special conditions are satisfied, the investigator must, whether or not the investigation is complete, submit to the appropriate authority, (a)a statement of the investigators belief and the grounds for it, and. the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). 36.(1)The person chairing a misconduct hearing (the chair) may require the appropriate authority or, as the case may be, the originating authority, to give notice of the hearing which contains information relating to one or more of, (d)the place at which the hearing will take place, and. The Police (Conduct) Regulations 2020 - Legislation.gov.uk 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. Is a written warning for speeding technically considered a traffic 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. Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and was amended by section 19(1) and (3)(b)(i) of, and paragraph 47(h)(vi) of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to, the Policing and Crime Act 2017; there are other amendments to paragraph 22 but none are relevant. (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. Suffolk police officer given final written warning for gross misconduct; Sidebar First. S.I. 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. According to Acas, a written warning is "a formal warning that the employer can give the employee at the end of the disciplinary procedure." (Note: At the end, not the beginning!) any of the Regulations and provisions in regulation 3(1), or, determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(, makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(, it relates to a person who ceased to be a police officer before 15th December 2017(. This publication is available for download at: http://www.college.police..uk/en/20989.htm. (10)Where the chair considers that it would be in the interests of justice to do so, the chair may extend. 2006/3449 and 2011/3026. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. Chief's Column: What's the differences between a warning and a traffic (13)Where this paragraph applies, the person conducting or chairing the accelerated misconduct hearing may draw such inferences from the failure as appear proper.