in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (15)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.; (i)in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. (b)in any other case, cause the witness to be given notice that their attendance is necessary and of the date, time and place of the proceedings. in the case of a misconduct hearing, to misconduct, gross misconduct or neither. 21.(1)On completion of the investigation, the investigator must as soon as practicable submit a written report on the investigation to the appropriate authority. 1996 c. 18. (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. (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. (3)In a case where misconduct proceedings or an accelerated misconduct hearing have been delayed by virtue of regulation 10(3), as soon as practicable after, (a)the appropriate authority considers that such proceedings or hearing would no longer prejudice any criminal proceedings, or. where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. (9)The appropriate authority or, as the case may be, the originating authority may apply to the person conducting or chairing the misconduct proceedings for an extension of. stating the grounds of appeal and whether a meeting is requested. 41. if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5), and. (b)a written report on the investigation to that point. Your local police force - online. 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. 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. (7)As soon as reasonably practicable after any such appointment, the chair must give a written notice to the officer concerned of the name of the new panel member and of the effect of paragraphs (8) and (9) of this regulation. any other matters that the Director General considers relevant. (b)at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. (2)The only grounds of appeal under this regulation are that. . 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. (7)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (5). (ii)if the officer concerned is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; (iii)the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5); and, an opportunity to make oral or written representations before any such question is determined, and, (d)where representations are received into mitigating circumstances, (i)must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and. 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. ), any interested person. 20A.(1)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. (2)The accelerated misconduct hearing must not proceed unless the officer concerned has been notified of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. (11)On receipt of such an application the person conducting or chairing the misconduct proceedings must determine whether the period should be extended and if so by how long. (6)If the chair upholds the objection, the person to whom the officer concerned objects must be replaced (in accordance with regulation 28). 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)police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. the officer concerned or the officers police friend may provide any relevant documents to the investigator. 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. 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; 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. (viii)where relevant, the fact that the case has been referred to joint misconduct proceedings under regulation 25; (b)a copy of any statement the officer may have made to the investigator during the course of the investigation, and, (i)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 for regulation 42 there were substituted, 42.(1)The persons conducting a misconduct hearing may, subject to the provisions of this regulation, (a)where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. the appropriate authority may make a determination, or in the case of an accelerated misconduct hearing must make a further determination, as to whether the special conditions are satisfied. Police appeals tribunal has the same meaning as in section 85 of the 1996 Act. 2012/2632) (the 2012 Regulations), with a number of changes, in part to reflect changes made to the handling of police complaints and police disciplinary matters made by the Policing and Crime Act 2017 (2017 c. 3). 56.(1)Prior to the accelerated misconduct hearing the appropriate authority must supply the person conducting or chairing the accelerated misconduct hearing with a copy of. (i)a determination under paragraph 6(2A) of Schedule 3 to the 2002 Act (handling of complaints by the appropriate authority)(55); (ii)a determination under paragraph 23(5A)(c) of Schedule 3 to the 2002 Act (action by the Director General in response to an investigation report under paragraph 22)(56); (iii)a determination under paragraph 24(6) of Schedule 3 to the 2002 Act (action by the appropriate authority in response to an investigation report under paragraph 22)(57); (iv)a recommendation under paragraph 28ZA of Schedule 3 to the 2002 Act (recommendations by the Director General or a local policing body)(58). specify a date and time for a misconduct pre-hearing, which must be within a period of 15 working days, or such extended period as the chair may specify under paragraph (10)(a), beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), and, give written notice of the date, time and place of the misconduct pre-hearing to. an invitation to provide an account of the matter that has been referred for review. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. (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. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. Thomas C Gallagher. (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. ILLINOIS STATE POLICE DIRECTIVE . (4)Where a final written warning is given, that warning remains in force for, (a)a period of 2 years beginning with the day on which it was notified to the officer concerned, or. a summary of the issue and any relevant background circumstances; a summary of the reflective practice review discussion; key actions to be undertaken within a specified time period; any lessons identified for the participating officer; any lessons identified for the line management or police force concerned; a specified period of time for reviewing the report and the actions taken. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. (a)there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes gross misconduct, and. (a)advise the officer concerned throughout the proceedings under these Regulations; (b)represent the officer at the misconduct proceedings or accelerated misconduct hearing or appeal meeting, unless the officer has the right to be legally represented and chooses to be so represented; (c)make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and. (2)The participating officer must provide any account under paragraph (1)(b) within 5 working days beginning with the first working day after the day on which the invitation to do so is received, unless a longer period is agreed with the reviewer. where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). (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. has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) A warning, whether written or verbal, is technically a waived traffic ticket. 4B.(1)Before making a Condition C special determination the Director General must give a notification in writing to, (2)A notification under paragraph (1) must. (i)the chief officer of police of the police force concerned; (ii)a member of the same police force as the officer, or where the officer is a member of the metropolitan police force, serving in the same command as the officer, or. (c)the person conducting or chairing the misconduct proceedings must notify the officer concerned prior to those proceedings. Paragraph 29 of Schedule 3 to the 2002 Act provides that, for the purposes of Part 3 of that Schedule, the Standards of Professional Behaviour are the standards described in and established by regulations made by the Secretary of State. 39.(1)Subject to paragraph (3), a misconduct hearing must be in public. (8)The appropriate authority must comply with a direction given under paragraph (7). (10)Where the Director General is entitled to attend the misconduct proceedings to make representations under regulation 38(1), or to nominate a person to attend the proceedings as an observer under regulation 40(6), the appropriate authority must give the Director General written notice of the date, time and place of the proceedings. (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. (4)Except in a case where the officer concerned has the right to be legally represented and chooses to be so represented, the officer may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting only by a police friend. RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . 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. in paragraph (3)(d)(ii), for (e) there were substituted (f). (b)any criminal proceedings have concluded (whatever the outcome of those proceedings). each time a new Written Warning form book is issued. 25.(1)Subject to paragraphs (6) and (7), 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 hearing, the cases may be referred to a joint misconduct hearing. determine the date, time and duration of the misconduct hearing, following consultation with the parties; consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; consider any documents supplied under regulation 32(6); consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, seek representations from the parties as to whether to. 7. Young adult motorists are the most common offenders and those at greatest risk. 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). (6)Subject to paragraph (7), these Regulations do not apply in relation to, (i)any of the Regulations and provisions in regulation 3(1), or, (a)determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(34) that a complaint or matter is to be re-investigated, or. (3)The discussion must include, in particular, (a)a discussion of the practice requiring improvement and related circumstances that have been identified, and. (10)Where the question of disciplinary action is being considered, the person or persons considering it. Part 5 makes provision about accelerated misconduct hearings. (a)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)(46), or subsequently, expressed a view on the matter referred to in that paragraph that differed from the determination of the Director General under paragraph 23(5A)(b)(i) of that Schedule; (b)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)(47); (c)the appropriate authority and the Director General agree that the Director General should present the case, or. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (9)A police friend may not answer any questions asked of the officer concerned during the interview. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act. if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5), and. (2)This paragraph applies to a case where, (a)it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. For more information see the EUR-Lex public statement on re-use. 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. where the person who conducted the misconduct meeting was a member of a police force, by, a member of a police force of at least one rank higher than that person, or. 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(. (a)determine the date, time and duration of the misconduct hearing, following consultation with the parties; (b)consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; (c)consider any documents supplied under regulation 32(6); (d)consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; (e)consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, (f)seek representations from the parties as to whether to. (7)If the appropriate authority makes an assessment other than that the conduct if proved would amount to misconduct or gross misconduct. (17)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. 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. the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, where representations are received in relation to mitigating circumstances, must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer could reasonably have been expected to so mention them, and. The officer that stops you will know you've been issued the written warning recently during a prior traffic . (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).. These Regulations may be cited as the Police (Conduct) Regulations 2020 and come into force on 1st February 2020. Mostly, these are not filed with courts; rather, it's just for your understanding and awareness of what happened. (5)No witness may give evidence at misconduct proceedings unless the person conducting or chairing the proceedings reasonably believes that it is necessary for the witness to do so in the interests of justice, in which case the person conducting or chairing the proceedings must, (a)where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. (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. Ask Trooper Steve: How law enforcement officers keep track of written unless they have an appropriate level of knowledge, skills and experience to plan and manage the investigation; if they work, directly or indirectly, under the management of the officer concerned, or, in a case where the officer concerned is a senior officer, if they are. (4)The reference in paragraph (3)(d)(ii) to a member of the police force includes a reference to a special constable appointed for the area of that force and a police staff member serving in that force. (iii)prohibit the publication of any matter under regulation 39(3)(c). There are further amendments to paragraphs 16, 18 and 19 but none are relevant. (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings).