39.(1)Subject to paragraph (3), a misconduct hearing must be in public. (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. 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. (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. (4)Where it appears to the person conducting or chairing the misconduct proceedings that any person may, in giving evidence, disclose information which ought not to be disclosed to any person, other than a party to the proceedings, attending the proceedings because it is information to which paragraph (7) applies, they must require such attendees to withdraw while the evidence is given. (4)Where the appropriate authority determines under paragraph (2)(b) or under paragraph (3) in so far as the determination relates to the matter set out in paragraph (2)(b), that the case does not amount to misconduct, the case is to be dealt with under these Regulations as if the appropriate authority had determined that there was no case to answer. ), any interested person. (9)In relation to an objection under paragraph (8) of this regulation. (b)under regulation 23 a case is referred to a misconduct hearing. give notice to the other that they do not propose any witnesses. answered on Feb 7, 2023. the conduct, if proved, would amount to practice requiring improvement; the matter should be referred to be dealt with under the Performance Regulations, 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. the appropriate authority must give the Director General written notice of the determination of the appeal with a summary of the reasons. ), or. (13)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. 2002 c. 30; section 36(1)(a) was amended by section 33(9) of, and paragraphs 15 and 53 of Schedule 9 to, the Policing and Crime Act 2017 and paragraph 29 of Schedule 3 was inserted by section 127 of, and paragraphs 1, 3 and 19 of Schedule 23 to, the Criminal Justice and Immigration Act 2008. . That shows that you see and acknowledge there is a cop behind you and that you are looking for a place to pull over. (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. 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. (6)Subject to the harm test and to paragraph (10), the person chairing a misconduct hearing must require the appropriate authority or, as the case may be, the originating authority, to publish the report submitted under paragraph (1). address the proceedings in order to do any or all of the following. (a)the finding of the person or persons conducting the misconduct proceedings; (d)any direction that the matter be dealt with under the reflective practice review process. Regulation 15 was amended by S.I. (10)In making a decision under paragraph (9), the person conducting or chairing the accelerated misconduct hearing may have regard to any representations, (a)provided under regulation 53(3) or (5), or. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. For more information see the EUR-Lex public statement on re-use. (5)The appropriate authority must as soon as practicable give the officer concerned written notice of. (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. (l)any other matters that the Director General considers relevant. No changes have been applied to the text. in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (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 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. New jersey state police warning ticket. paragraph (2) applies and the case is referred to a misconduct hearing or an accelerated misconduct hearing, or. (2)Where the Director General so attends the misconduct proceedings. fall before the end of 5 working days beginning with the first working day after the day specified by the person determining the appeal. 7. 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. (3)The person conducting or chairing the misconduct proceedings must. Reviews and appeals | Independent Office for Police Conduct 0 2002 RC51 -Aluminum undertail, custom GP Can and mid-pipe, Jardine 2-1 Header, PC3, EBC Wave Rotors (F&R), CRG's, Goodridge SS Lines, Greggs, Black w/ Flattening and some carbon goodies . (b)the identification of key lessons to be learnt by the participating officer, line management or police force concerned, to address the matter and prevent a reoccurrence of the matter. (8)Prior to publication of a report under paragraph (5) the appropriate authority may, subject to paragraph (11), redact the document. a discussion of the practice requiring improvement and related circumstances that have been identified, and. (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. (b)such longer period as the person or persons considering the question of disciplinary action may determine, up to a maximum of 5 years from the day on which it was notified to the officer. Odds are if you are stopped for the same. 35. (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. (2)Subject to regulation 49, on receipt of a report submitted under paragraph 22 of Schedule 3 to the2002 Act(final reports on investigations)(39), in making a determination under paragraph 24(6) of that Schedule (action in response to an investigation report)(40) as to what action to take in respect of matters dealt with in that report, the appropriate authority must, as soon as practicable determine. Either way the warning ticket had to be signed and turned in within 10 days. (b)following consultation with the Director General, in all other cases. (16)The person conducting or chairing the accelerated misconduct hearing must not find that the conduct of the officer concerned amounts to gross misconduct unless. (10)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. Regulation 22 is to be read as if conducting or were omitted. 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), and. where the officer concerned is an officer other than a senior officer, if the case was decided at a misconduct meeting, of the right of appeal under regulation 45, or, if the case was decided at a misconduct hearing, of the right of appeal to a police appeals tribunal(. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. 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. (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. (ii)a report will be submitted under regulation 21; (e)the reason for the length of time taken by the investigation, and. 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. (4)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (c) of that paragraph, where notice is given under paragraph (1) and the appropriate authority revises its severity assessment in accordance with regulation 14(6), the appropriate authority must as soon as practicable give the officer concerned a written notice of the result of the revised severity assessment. (4)Before the end of 3 working days beginning with the first working day after the date on which the officer concerned has complied with paragraph (2), the appropriate authority or, as the case may be, the originating authority, and the officer concerned must each, (a)supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. (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. (2)The disciplinary action available at a misconduct meeting is, (3)The disciplinary action available at a misconduct hearing is, (a)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). 105 is the number for Police non-emergencies. 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. (b)a copy of any such document, where it has not already been supplied. (7)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 been reduced in rank under the Police (Conduct) Regulations 2004 or under these Regulations, a reduction in rank may not be imposed. (4)Where the appropriate authority determines that the special conditions are satisfied, unless it considers that the circumstances are such as to make it inappropriate to do so, it must certify the case as one where the special conditions are satisfied and, subject to regulation 10(3), refer it to an accelerated misconduct hearing. (7)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. (3)The officer concerned may object to any person whom the officer is notified under the preceding provisions of this regulation is to, (a)conduct or, as the case may be, chair the misconduct proceedings, or. HMCIC or an inspector of constabulary nominated by HMCIC. (15)Within the period of 5 working days beginning with the date of the misconduct pre-hearing, the chair must serve on the parties a summary of the key matters discussed and a record of any directions issued. 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. Any period of time specified in this Part in relation to misconduct proceedings may be reduced by agreement between the appropriate authority or, as the case may be, the originating authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the misconduct proceedings. (2)A reflective review development report must contain. in paragraph (1), for sub-paragraph (c), there were substituted. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. (2)In regulation 3(1) (retirement), omit : Provided that a special constable may not, without the consent of the chief constable, give notice for the purposes of this Regulation, or retire in pursuance of a notice previously given, while suspended under these Regulations. stating the grounds of appeal and whether a meeting is requested. regulation 1 in so far as it applies to the 2012 Regulations; regulation 2(1) and (3) (transitional provision); Part 2 (amendment of the 2012 Regulations); Schedule 1 (modifications to the 2012 Regulations). 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. (a)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); (b)whether the chair should impose any conditions under regulation 39(3)(b); (c)whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 39(3)(c); (d)in the light of the representations made under sub-paragraphs (a) to (c). determine the date and time of the misconduct meeting, which must fall within the period specified in paragraph (7)(b). 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. 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. consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), and. (b)in deciding, following a review, whether or not to end a suspension under this regulation. (4)A case to which paragraph 16, 18 or 19 of Schedule 3 to the2002 Act(investigations) applied may only be withdrawn, (a)on the direction of the Director General, following consultation with the appropriate authority, in a case where the Director General, (i)made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or, (ii)gave a direction under paragraph 23(5A)(e) or paragraph 27(4)(a) of that Schedule to bring disciplinary proceedings, or. Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. 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. (a)paragraph (7) 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 is given the notice referred to in paragraph (10); (c)paragraphs (8) to (10) apply, with the exception of the requirement in paragraph (10) for the appropriate authority to give written notice of the effects of paragraphs (11) and (12). the contents of the written notice to be given under paragraph (1)(a) to the extent to which they relate to 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; the application of the harm test under paragraph (1)(c), and. (2)Subject to paragraph (6), where under regulation 23 the appropriate authority refers two or more cases arising from the same matter or incident, which relate to more than one police officer, to a misconduct meeting, the cases may be referred to a joint misconduct meeting. 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. gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. (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. (d)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.