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. (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. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (a)written notice of whether or not they accept that their conduct amounts to gross misconduct; (b)where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; (c)where they do not accept that their conduct amounts to gross misconduct, written notice of. (a)the line manager of the participating officer; (b)another officer who is senior to the participating officer, or. In many cases, officers also have the discretion to issue warning citations. The term is defined as a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action. Welcome. (a)on receipt of any representations under paragraph (7); (b)if there has been no previous review, before the end of 4 weeks beginning with the first working day after the suspension; (i)when it becomes aware that circumstances relevant to the suspension conditions may have changed (whether by means of representations made under paragraph (7)(b) or otherwise), or. to the officer concerned in accordance with regulation 30(1). reviewer means the person who is conducting the reflective practice review process. (d)any other matters that the Director General considers relevant. 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 (13) applies. (12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy. 35.(1)The appropriate authority must give the officer concerned written notice of the date, time and place of the misconduct proceedings. See regulation 2(1) for definition of misconduct in these Regulations. (6)This paragraph applies where it is decided at misconduct proceedings that the officers conduct amounts to misconduct and the decision is based on the officers conduct arising from more than one incident and those incidents are not closely factually connected. 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). In regulation 63(1), for sub-paragraph (c) there were substituted. (8)The officer concerned may object to the appointment of a person appointed under paragraph (6). 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. would be entitled to attend the misconduct hearing under regulation 38(1). (8)Where the appropriate authority or the originating authority publishes a report in accordance with paragraph (6), it must publish the report on its website for a period of not less than 28 days. You can receive a warning for violations witnessed by a cop or by a camera system. #3. 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. So, you might be given a warning for driving slightly over the speed limit, or driving with a faulty tail light. 33.(1)Where the person chairing a misconduct hearing (the chair) has decided under regulation 29(3) to conduct a misconduct pre-hearing, the chair must as soon as practicable, (a)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, (b)give written notice of the date, time and place of the misconduct pre-hearing to. (2)A notice of enquiry given under paragraph (1) must, (a)state any question the investigator wishes to ask the officer concerned, and. (b)fall before the end of 5 working days beginning with the first working day after the day specified by the person determining the appeal. (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). Regulation 19 makes provision about the timeliness of investigations. (7)Once a written notice has been given in accordance with paragraph (1), the investigator must notify the officer concerned of the progress of the investigation, (a)if there has been no previous notification following the supply of the written notice under paragraph (1), before the end of 4 weeks beginning with the first working day after that written notice was given, and. (f)where the officer concerned is a Condition C person, the Condition C special determination.; (b)in paragraph (3)(d)(ii), for (e) there were substituted (f). (c)if they worked, directly or indirectly, under the management of the officer concerned at the relevant time; (i)for is a senior officer, if they are, there were substituted was a senior officer at the relevant time, if they were at that time; (ii)in paragraph (ii), for where the officer is a member of the metropolitan police force, there were substituted , where the officer was a member of the metropolitan police force at the relevant time. Charges can be civil or criminal dependent on the seriousness of the offense. A warning for a traffic infraction is a reprieve, but it should also be viewed as a wake-up call. (b)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. (2)This paragraph applies in a case where misconduct proceedings have been delayed by virtue of regulation 10(3) and the appropriate authority has certified the case as one where the special conditions are satisfied following a determination made under regulation 49(3). (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. Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances. 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. (2)Having considered any representations received under regulation 53(3) and (5), the person conducting or chairing the accelerated misconduct hearing may. (a)a summary of the issue and any relevant background circumstances; (b)a summary of the reflective practice review discussion; (c)key actions to be undertaken within a specified time period; (d)any lessons identified for the participating officer; (e)any lessons identified for the line management or police force concerned; (f)a specified period of time for reviewing the report and the actions taken. (a)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; (b)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; (c)paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. (iii)a designated police volunteer serving in that force. However, you should carefully read over the paper he gave you to make sure that it was actually a warning ticket and that there is no court date or fine on the paper. (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. (b)the officer proposes an alternative date or time which satisfies paragraph (5). Having your information in proper order is not enough to get you off with just a warning. in sub-paragraph (a), in the first place it occurs, misconduct or were omitted; for sub-paragraphs (b) and (c), there were substituted, whether or not misconduct proceedings should be brought against the officer concerned, and. failed to mention, any fact relied on in the officers case at the accelerated misconduct hearing, 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 (13) applies. (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. This is the original version (as it was originally made). (b)in any other case, before the end of 4 weeks beginning with the first working day after the previous notification. (14)The person determining the appeal must determine whether the notice of appeal sets out arguable grounds of appeal and if they decide that it does not, they must dismiss the appeal. 59.(1)Subject to paragraph (2), an accelerated misconduct hearing must be in public. (ii)where paragraph (2) applies, regulation 31(2) and (3); (d)where the officer concerned does not accept that the officers conduct amounts to gross misconduct, any other documents that, in the opinion of the appropriate authority, should be considered at the hearing. She only gave me a warning. Suffolk police officer given final written warning for gross misconduct; Sidebar First. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. (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. (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. 46.(1)This regulation applies where the officer concerned requests a meeting in the written notice of appeal under regulation 45(3). (b)police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (a)the notice given to the officer concerned under regulation 51(1); (b)the other documents given to the officer under regulation 51(1); (c)the documents provided by the officer under. Police officers do not abuse their powers or authority and respect the rights of all individuals. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the accelerated misconduct hearing. the effect of paragraphs (6) to (9) of this regulation. (2)Where a direction is made under paragraph (1) the officer concerned must be notified before the end of 3 working days beginning with the first working day after that direction is made and the appropriate authority must proceed in accordance with Part 4. (2)Such discussion should take place as soon as reasonably practicable. No changes have been applied to the text. (7)Any such objection must be made in writing to the appropriate authority before the end of 3 working days beginning with the first working day after the officer concerned is given notice of the persons name and must set out the grounds of objection of the officer. (a)in relation to the attendance at the proceedings of a person under regulation 40 or this regulation, exclude any person as they see fit from the whole or a part of those proceedings; (b)impose such conditions as they see fit relating to the attendance under regulation 40 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings, and. ILLINOIS STATE POLICE DIRECTIVE . (2)For the purposes of this regulation, each of the following is a relevant period. (b)one of the conditions set out in paragraph (3) is satisfied. They operate alongside the Police (Complaints and Misconduct) Regulations 2020 (S.I. (4)Where the appropriate authority delegates its functions under regulation 49, a decision under that regulation as to whether to certify a case as one where the special conditions are satisfied must be authorised by a senior officer.. (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). (4)The accelerated misconduct hearing must not, except in exceptional circumstances, be adjourned solely to allow the complainant or any interested person to attend. (ii)unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than that person; (b)where the person who conducted the misconduct meeting was a police staff member, by, (i)a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. (b)request a response to any such question from the officer concerned within a specified period. Your letter will be placed in your personnel file along with the written warning. the appeal meeting must be postponed to the date or time proposed by the officer. They do not affect your insurance premium. (4)Where a date and time is specified under paragraph (3) and, (a)the officer concerned or the officers police friend will not be available, and. (8)The appeal meeting must not be held until the person determining the appeal has received a copy of the documents under regulation 45(13). Leave this site. 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. Paragraph 29 of Schedule 3 to the 2002 Act was inserted by section 127 of, and paragraphs 1, 3 and 19 of Schedule 23 to, the Criminal Justice and Immigration Act 2008 and amended by section 95 of, and paragraphs 1, 5 and 21 of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 and by section 16 of, and paragraph 47(h)(xxvi) of Schedule 5 to, the Policing and Crime Act 2017.