(b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither. The decision contained in a written warning could be immediate dismissal, unfair deadline even suspension without pay during the period and other severe punishment. (b)the appropriate authority must assess whether, if the matter were to be referred to misconduct proceedings under regulation 23, those would be likely to be a misconduct meeting or a misconduct hearing. (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. 11. (12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). (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. (i)the following definitions were inserted in the appropriate places. (b)made at the accelerated misconduct hearing. 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. P ceased to be a police officer before the allegation first came to the attention of a relevant body; the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months, and. Warnings are not recorded on an individual's driving record, cannot be used to raise insurance rates, and don't result in a fine. REVISED: 02-18 -2022 . prohibit the publication of any matter under regulation 39(3)(c). only asked coz he wrote $167 beside it. (11)In making a decision under paragraph (10), the person chairing the misconduct hearing may have regard to any representations, (a)provided under regulation 36(3) or (5), or. Section 29(7)(b) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the Policing and Crime Act 2017, may, in respect of a person who ceased to be a police officer after section 29(2) and (3) of the 2017 Act came into force but whose alleged misconduct, inefficiency or ineffectiveness took place before that date, only make provision if the alleged misconduct, inefficiency or ineffectiveness is such that if proved there could be a finding in disciplinary proceedings that the person would have been dismissed had they still been a police officer. has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc.) A copy of this publication can be obtained from the College of Policing. Once you see the lights behind you, turn on your turn signal. where the case is referred to a misconduct meeting, that meeting must be conducted by a person appointed by the appropriate authority in accordance with paragraph (3) who is not an interested party; where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons appointed in accordance with paragraph (4). (b)where written terms of reference are not provided under sub-paragraph (a), give the officer concerned written notice stating that the terms of reference are not being provided and explaining why. (12)In relation to an objection under paragraph (11) of this regulation. (a)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; (i)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. 2003/527. ), or. (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body; (b)the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months, and. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. There are other amendments to sections 50 and 51, but none are relevant. Part 4 makes provision about misconduct proceedings. (12)Where evidence is given or considered at the accelerated misconduct hearing 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. following consultation with the Director General, in all other cases. (b)notify the officer concerned of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. (i)after sub-paragraph (b), and were inserted; (ii)for sub-paragraphs (c) and (d) there were substituted, (c)indicate the investigators opinion as to whether. If you find the decision unfair but your employer fails to allow you to appeal, you may consider seeking a court resolution. )(16); paragraph (a) of the definition of disciplinary proceedings in section 29(1) of the 2002 Act (interpretation of Part 2)(17); section 36(2) of the 2002 Act (conduct of disciplinary proceedings)(18); document means anything in which information of any description is recorded; gross misconduct means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal; harm test has the meaning given to it in regulation 6; HMCIC means Her Majestys Chief Inspector of Constabulary appointed under section 54(1) of the 1996 Act (appointment and functions of inspectors of constabulary); human resources professional means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force; informant means a person who provides information to an investigation on the basis that the persons identity is not disclosed during the course of the disciplinary proceedings; interested party means a person whose appointment could reasonably give rise to a concern as to whether the person could act impartially under these Regulations; interested person means a person who has an interest in being kept properly informed about the handling of a complaint or conduct matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons)(19); appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations)(20), as the case may be; line manager means the police officer or the police staff member who has immediate supervisory responsibility for the officer concerned; misconduct, other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action; misconduct hearing means a hearing to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or gross misconduct or neither and whether disciplinary action should be imposed; misconduct meeting means a meeting to which the officer concerned has been referred under regulation 23 to determine whether the conduct of the officer amounts to misconduct or not and whether disciplinary action should be imposed; misconduct proceedings means a misconduct meeting or misconduct hearing; officer concerned means the police officer in relation to whose conduct there has been an allegation; originating authority has the meaning given to it in regulation 26(3); personal record means a personal record kept under regulation 15 of the Police Regulations (contents of personal records)(21); police barred list means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list)(22); the police force of which the officer concerned is a member, or. Welcome to the Lincolnshire Police website. Regulation 33 was amended by S.I. (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. (c)the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate. (2002), for instance, report that 82 percent of the 168,901 traffic stop decisions San Diego police officers made in 2001 involved either a traffic ticket (66 percent) or a written warning (16 percent), while only 14 percent ended in a verbal warning and 4 percent ended with another resolution, including an "FI Card" (Field Interrogation Card) or arrest. (ii)if the officer 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. Over the last several years law. (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. a person appointed by the local policing body, selected on a fair and transparent basis from a list of candidates maintained by the local policing body for the purpose of these Regulations. (4)In all cases referred to in paragraph (3) the notice of the right of appeal must be in writing and include the name of the person to whom an appeal should be sent. (a)paragraph (4) 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 has been given the notice referred to in paragraph (7); (c)paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the appropriate authority to give written notice of the effects of paragraphs (8) and (9). the finding of the person or persons conducting the accelerated misconduct hearing; was entitled to attend to make representations under regulation 58(1), and. 55.(1)Where the officer concerned is an officer other than a senior officer, the accelerated misconduct hearing must be conducted by, (a)where the police force concerned is the metropolitan police force, an assistant commissioner, or. (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. (b)in any other case, before the end of 4 weeks beginning with the first working day after the previous notification. (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. (ii)in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. Amendment of the Special Constables Regulations 1965 and the Police Barred List and Police Advisory List Regulations 2017, Modifications to these Regulations in their application to former officers, the following definitions were inserted in the appropriate places. These Regulations are to be read as if Part 6 were omitted. (a)the appropriate authority decides, following a review, that the suspension conditions are no longer satisfied; (b)either of the events mentioned in paragraph (5)(a) and (b). in paragraph (5), conducting or were omitted; in paragraph (6), for are senior officers there were substituted were senior officers at the relevant time. Part 5 makes provision about accelerated misconduct hearings. (ii)gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). 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. (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. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. 34.(1)Subject to paragraphs (2), (6) and (8), the misconduct meeting must take place before the end of 20 working days beginning with the first working day after. 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.