(5)Where the Director General has made a decision under regulation 24(1) to present a case, (a)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. (2)As soon as practicable after any person has been appointed under regulation 8(6) to advise the person conducting or chairing the misconduct proceedings, the appropriate authority must give the officer concerned written notice of the name of that person and of the effect of paragraphs (3) to (6) of this regulation. Certain crimes require an officer to take action domestic violence, for instance. any criminal proceedings have concluded (whatever the outcome), that the special conditions are not satisfied, or. (10)The person chairing the misconduct hearing may dispense with the requirement under paragraph (6) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (9)(a) or (b). Police officers are diligent in the exercise of their duties and responsibilities. if the appropriate authority determines the officer has no case to answer, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving. If the reviewer considers that the participating officer is failing to engage with the reflective practice review process, the reviewer may refer that failure for assessment by the appropriate authority under regulation 14. (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. one of the conditions set out in paragraph (3) is satisfied. (b)where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3). 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. S.I. You have to know how to talk to the officer. The person chairing a misconduct hearing must provide any information to the appropriate authority or, as the case may be, the originating 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. in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (d)where the misconduct meeting arose from the investigation of a conduct matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc. Most commonly, a warning will be given by a law official to someone who has committed a low-level crime, and they are typically associated with driving offenses. (a)a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; (b)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. This is likely to happen if you have no previous traffic violations and the violation was not severe. (2)Except as set out in paragraph (8), these Regulations also apply, with the modifications set out in Schedule 1, where, (a)an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (P) may amount to gross misconduct(33), and. (4)The appropriate authority may not suspend a police officer under this regulation unless the following conditions (the suspension conditions) are satisfied, (a)having considered temporary redeployment to alternative duties or an alternative location as an alternative to suspension, the appropriate authority has determined that such redeployment is not appropriate in all the circumstances of the case, and, (b)it appears to the appropriate authority that either, (i)the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. 66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. A police warning ticket is often issued for minor traffic violations, such as speeding or failing to come to a complete stop at a stop sign. it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. (aa)in paragraph (ii), misconduct or and , as the case may be were omitted; (bb)in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; (cc)in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; (dd)after paragraph (vii), and were omitted; (ee)after paragraph (viii), there were inserted, (ix)the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. (a)the period of 100 working days specified in paragraph (2); (b)the period of 30 working days specified in paragraph (5). (2)In particular, and subject to paragraph (6)(a), the chair must ensure that the first day of the misconduct hearing is not more than 100 working days beginning with the day after the date on which notice is given under regulation 30(1). (2)The appropriate authority must appoint a person to investigate the matter. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (4)If at any time during the investigation the investigator believes that, in light of evidence made available to the investigator that was not available to the appropriate authority when it made its severity assessment or any revised severity assessment under regulation 14, the appropriate authority would, on further consideration of the matter, be likely to determine that the conduct which is the subject matter of the allegation, if proved, would amount to neither misconduct nor gross misconduct, the investigator must, whether or not the investigation is complete, submit to the appropriate authority. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). The definition of misconduct (regulation 2(1)) has been changed since the 2012 Regulations. (3)Where under paragraph (2) the officer concerned is allowed to and does so participate in the misconduct proceedings, or where the officer otherwise does not attend the misconduct proceedings, (a)the officer may nonetheless be represented at those proceedings by , (ii)in the case of a misconduct hearing, a relevant lawyer (in which case the police friend may also attend), and. (This note is not part of the Regulations). There are other amendments to section 63 but none are relevant. These Regulations may be cited as the Police (Conduct) Regulations 2020 and come into force on 1st February 2020. (11)The person conducting or chairing the misconduct proceedings may allow any document to be considered at those proceedings notwithstanding that a copy of it has not been supplied, (a)by the officer concerned to the appropriate authority or, as the case may be, the originating authority in accordance with regulation 31(3), or. (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. address the proceedings in order to do any or all of the following. the definitions of the Performance Regulations, appeal meeting, disciplinary action, human resources professional, line manager, misconduct meeting, practice requiring improvement and reflective practice review process were omitted; in the definition of allegation, for , conduct matter or practice requiring improvement there were substituted or conduct matter; for the definition of appropriate authority, there were substituted. conduct or, as the case may be, chair the misconduct proceedings, or. (2)Having considered any representations received under regulation 53(3) and (5), the person conducting or chairing the accelerated misconduct hearing may. after 18(1) there were inserted , 20A(2); for of the Complaints and Misconduct Regulations there were substituted or 21A(2) of the Complaints and Misconduct Regulations, as modified by regulation 42 of, and Schedule 2 to, those Regulations; in paragraphs (14) and (16), person or were omitted; for paragraph (15) there were substituted. subject to the harm test, give the officer a copy of the investigators report or such parts of that report as relate to the officer. RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . 20.(1)Where an investigator wishes to interview the officer concerned as part of the investigation, the investigator must, if reasonably practicable, agree a date and time for the interview with the officer. (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). . 24. 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)notify the officer concerned of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. to the officer in accordance with regulation 51(1). ANSWER: A written traffic ticket, with "Massachusetts Uniform Citation" at the top is the standard ticket issued by local and State Police. respond on behalf of the authority to any view expressed at the proceedings; make representations concerning any aspect of proceedings under these Regulations, and, subject to paragraph (10), ask questions of any witnesses, and, address the proceedings in order to do all or any of the following. (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or. (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. unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned. 36. (8)At the misconduct pre-hearing the chair must. 2. in relation to an officer who was a member of a police force of the rank of chief inspector or below at the relevant time, the Police Federation of England and Wales; in relation to an officer who was a member of a police force of the rank of superintendent or chief superintendent at the relevant time, the Police Superintendents Association, and. (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. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (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. (a)has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings)(43) to comply with a direction to bring misconduct proceedings of a form specified in a determination of the Director General; (b)accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of that Schedule (reviews with respect to an investigation)(44) that misconduct proceedings of the form specified in the recommendation are brought, or. (2)A Condition C special determination is a determination by the Director General as to whether the taking of disciplinary proceedings against a Condition C person in respect of alleged gross misconduct would be reasonable and proportionate having regard to. in relation to an officer who was a senior officer at the relevant time, the Chief Police Officers Staff Association;; (b)for paragraph (4), there were substituted.
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