paragraph (7) applies except in so far as it specifies the period of time for making an objection; 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); 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). (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. (5)The chair must notify the officer concerned in writing whether it upholds or rejects an objection to any panel member. (2)Having considered any representations received under regulation 53(3) and (5), the person conducting or chairing the accelerated misconduct hearing may. (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. (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. the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); any statement the officer may have made to the investigator during the course of the investigation, and, 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 as relates to the officer), and, describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. (c)there was a serious breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action. 1996 c. 18. Different options to open legislation in order to view more content on screen at once. The officer would like you to admit to speeding and if you do the $150 to $200, ticket will soon follow. (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. gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings), 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)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). (2)Where more than one officer is involved in a matter that has been referred to be dealt with under the reflective practice review process, a joint reflective practice review discussion may take place, provided that individual reflective review development reports are produced. (b)the officer concerned or the officers police friend may provide any relevant documents to the investigator. If the ticket is reported to DPS, the revenue from the ticket is split, the municipality writing it keeping the smaller fraction. Apply for a review or appeal about the outcome of a police complaint using our online form Download a Word version of our review and appeal form to complete on your computer Download a PDF. (ii)a report will be submitted under regulation 21; (e)the reason for the length of time taken by the investigation, and. See section 50 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). if it is a misconduct hearing the Director General may be represented by a relevant lawyer; the Director General must notify the complainant or any interested person prior to those proceedings, and. (10)Any such application must set out the period of the required extension and the reasons for the application. (3)An appeal under this regulation must be commenced by the officer concerned giving written notice of appeal to the appropriate authority, (a)before the end of 7 working days beginning with the first working day after the report is given to the officer under regulation 43 (unless this period is extended by the appropriate authority for exceptional circumstances), and. Where any written notice or document is to be given or supplied to the officer concerned under these Regulations, it must be. the officer concerned or the officers police friend will not be available, and. Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. (f)a summary of planned steps to progress the investigation and bring it to a conclusion. 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. where the officer concerned is the chief officer or acting chief officer of any police force, the local policing body(10) for the forces area; in any other case, the chief officer of police of the police force concerned; complainant has the meaning given to it by section 29(2) of the 2002 Act (interpretation of Part 2)(11); complaint has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(12); conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred); conduct matter has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(13); all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction to the Crown Court); Director General means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct)(14); disciplinary action means, in order of seriousness starting with the least serious action. (b)a period of 2 years beginning with the day on which it was notified to the officer concerned, in the case of a final written warning. (4)Subject to the harm test, a copy of the information provided under paragraph (1) or (2) must be sent to the officer concerned. 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. (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. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. 63.(1)The person conducting or chairing the accelerated misconduct hearing must, before the end of a period of 5 working days beginning with the first working day after the completion of the accelerated misconduct hearing, submit a report to the appropriate authority, setting out. if it is no longer satisfied that there is a case to answer in respect of misconduct or gross misconduct, must direct that the case be withdrawn, and. The ticket should list the fine amount, the alleged offense, and the summons date. Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities. (10)As soon as reasonably practicable after any such appointment, the appropriate authority must give a written notice to the officer concerned of the name of the new person appointed to determine the appeal or the advisor to the person determining the appeal, as the case may be, and of the effect of paragraphs (11) and (12) of this regulation. Regulation 15 is to be read as if in paragraph (3), (a)for sub-paragraph (c), there were substituted. written warnings are just for police record. (3)Where no date and time is agreed under paragraph (1), the investigator must specify a date and time for the interview. (a)the line manager of the participating officer; (b)another officer who is senior to the participating officer, or. 28.(1)Where the officer concerned is an officer other than a senior officer. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). Paragraph 24(6) of Schedule 3 to the 2002 Act was substituted by section 127 of, and paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to, the Criminal Justice and Immigration Act 2008 and was amended by section 95 of, and paragraphs 1 and 14(1) and (3) of Schedule 14 to, the Police Reform and Social Responsibility Act 2011 and section 16 of, and paragraphs 9, 27(1) and (2) and 47(h)(xiii) of Schedule 5 to, the Policing and Crime Act 2017. it must, subject to regulation 10(3), refer the case to misconduct proceedings of the form specified. 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; where functions in relation to the administration of the hearing have been delegated under regulation 26(1), the details of the authority to whom they have been delegated; the name of the person appointed to conduct (in the case of a misconduct meeting for an officer other than a senior officer) or chair (in any other case) the misconduct proceedings and, in the case of a chair, confirmation that the person has been selected on a fair and transparent basis; the effect of paragraphs (3) to (6) of this regulation; the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and.
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