(e)necessary and proportionate for the protection of the welfare and safety of any informant or witness; 40.(1)This regulation applies in the case of misconduct proceedings arising from, (a)a conduct matter under Schedule 3 to the 2002 Act(handling of complaints and conduct matters etc. (a)whether it appears that the alleged gross misconduct amounts to a criminal offence; (b)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; (c)where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; (d)whether it appears that the alleged gross misconduct was intentional; (e)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; (f)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; (g)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); (h)the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; (i)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; (j)whether it appears that the alleged gross misconduct has had an adverse effect on community relations; (k)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. (11)The person conducting or chairing the accelerated misconduct hearing may allow any document to be considered at the hearing notwithstanding that a copy of it has not been supplied, (a)by the officer concerned to the appropriate authority in accordance with regulation 54, or. (b)includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed. Section 88C was inserted by Schedule 8 to the Policing and Crime Act 2017 and subsection (5) of that section was amended by paragraph 65(1) and (3)(b) of Schedule 9 to that Act. (i)the words from the beginning to panel, were omitted; (ii)for that panel there were substituted the panel; (b)in paragraph (10), the words from or to to regulation 40(6), were omitted. (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. consult the Director General about the contents of the written notice to be given under paragraph (1) and on the application of the harm test under paragraph (1)(c); comply with any direction given by the Director General in relation to the matters specified in paragraph (a), and. 7. (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)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). (10)Where the appropriate authority determines under paragraph (1), (2) or (3) to refer the case to misconduct proceedings. The reflective practice review process consists of 2 stages; a fact-finding stage (dealt with in regulation 68) and a discussion stage (dealt with in regulation 69). 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). (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. (3)Where the appropriate authority is a chief officer of police, the chief officer may, subject to paragraph (4), delegate any functions under these Regulations to a, (a)member of a police force of at least the rank of inspector, or. give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. 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. if so, and subject to paragraph (10), what form the misconduct proceedings should take. See section 101(1) of the Police Act 1996 for the definition of local policing body. (12)Reduction in rank may only be imposed under this regulation where the persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority or, as the case may be, the originating authority, including in relation to the likely operational impact. (3)Where the person conducting or chairing the misconduct meeting decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, they must provide written notification of the reasons for that decision to the authority and the officer. the misconduct meeting must be postponed to the date or time proposed by the officer. 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. (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. (d)any evidence of a kind referred to in regulation 45(2)(b) that the officer wishes to submit in support of the appeal. in paragraph (1)(a), misconduct or were omitted; in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; for the panel of persons must comprise there were substituted where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons, comprising; in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. (b)any criminal proceedings have concluded (whatever the outcome of those proceedings). 3.(1)Subject to paragraph (2), the following are revoked. (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. Section 13B was inserted by section 18(1) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 20 of Schedule 9 to that Act. (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). to the officer concerned in accordance with regulation 30(1). advise the officer concerned throughout the proceedings under these Regulations; 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; make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (12)Reduction in rank may only be imposed under this regulation where the persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority or, as the case may be, the originating authority, including in relation to the likely operational impact. (11)The officer concerned may object to the appointment of a person appointed under paragraph (9). (3)A suspension under this regulation must be with pay. the officer concerned or the officers police friend may provide any relevant documents to the investigator. (c)a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. after sub-paragraph (b), and were inserted; for sub-paragraphs (c) and (d) there were substituted, indicate the investigators opinion as to whether. (b)the officer proposes an alternative date or time which satisfies paragraph (3). (9)When a date and time for the misconduct meeting has been agreed under this regulation, the person conducting or chairing the misconduct meeting must inform the appropriate authority of the date, time and place of the misconduct meeting. the person conducting or chairing the misconduct proceedings must notify the officer concerned prior to those proceedings. in relation to the attendance at the hearing of a person under this regulation, exclude any person as they see fit from the whole or a part of it; impose such conditions as they see fit relating to the attendance under this regulation of any person at the hearing in order to facilitate the proper conduct of it, and. (a)the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to the hearing, and. ILLINOIS STATE POLICE DIRECTIVE . (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. (a)necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings; (b)necessary in the interests of national security; (c)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (d)necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters; (e)justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; (f)necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. would be entitled to attend the misconduct hearing under regulation 38(1). consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), and. (3)A participating officer must not be prevented from applying for or obtaining a promotion by reason of the officers participation in the reflective practice review process. (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. (b)left with a person at, or sent by recorded delivery to, the officers last known address; (c)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. (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by appropriate authority on its own behalf) applied andthe Director General. 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)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. (ga)that it may harm the officers case if the officer fails to attend an interview of which the officer has been given notice under regulation 20(6) (interviews during investigation), and; (d)in sub-paragraph (h), after 18(1), there were inserted , 20A(2).
When you get a warning for a broken headlight - what happens next in relation to an officer who was a senior officer at the relevant time, the Chief Police Officers Staff Association; for paragraph (4), there were substituted. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (3)The officer concerned must provide the appropriate authority with a copy of any document they intend to rely on at the misconduct proceedings. (13)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(2) or under these Regulations, a reduction in rank may not be imposed. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). (3)Where the person conducting or chairing the accelerated misconduct hearing excludes a person under paragraph (2)(a) which has the effect of excluding a representative of the media, or gives a direction under paragraph (2)(c), any representative of the media may make representations to the person conducting or chairing the accelerated misconduct hearing about the exclusion or, as the case may be, direction. 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); whether the person conducting or chairing the accelerated misconduct hearing should impose any conditions under regulation 59(2)(b); 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); whether the person conducting or chairing the accelerated misconduct hearing should require notice to be given under paragraph (1); written notice of whether or not they accept that their conduct amounts to gross misconduct; where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; where they do not accept that their conduct amounts to gross misconduct, written notice of. (6)At any time before the start of misconduct proceedings, the appropriate authority may revise its severity assessment under this regulation if it considers it appropriate to do so. (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. determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (11)Where the appropriate authority fails to make the determination referred to in paragraph (1) or (2) before the end of 15 working days beginning with the first working day after receipt of the report, it must notify the officer concerned of the reason for this. (d)any other matters that the Director General considers relevant. Police officers treat information with respect and access or disclose it only in the proper course of police duties. the1996 Act means the Police Act 1996; the2002 Act means the Police Reform Act 2002; the Complaints and Misconduct Regulations means the Police (Complaints and Misconduct Regulations) 2020(5); thePerformance Regulations means the Police (Performance) Regulations 2020(6); thePolice Regulations means the Police Regulations 2003(7); accelerated misconduct hearing means a hearing to which the officer concerned is referred under regulation 49 after the case has been certified as one where the special conditions are satisfied; a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011(8) (power of deputy to exercise functions of chief constable); a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 (functions of Deputy Commissioner of Police of the Metropolis) or 45(4) (Assistant Commissioners of Police of the Metropolis) of that Act, or. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. (4)In this regulation relevant document, (a)means a document relating to any matter under investigation, and. (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. 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. that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. So, you might be given a warning for driving slightly over the speed limit, or driving with a faulty tail light. I honestly had no clue why he pulled me over. Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. Information in documents which are stated to be subject to the harm test under these Regulations must not be supplied to the officer concerned in so far as the appropriate authority considers that preventing disclosure to the officer is. (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).
DOC Written Warning Template - NC Where the question of disciplinary action for gross misconduct is being considered, the persons considering it. 58.(1)Subject to paragraph (5), in any case where. (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)(1).