(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. 18.(1)Before the end of 10 working days beginning with the first working day after the terms of reference, or, as the case may be, written notice has been given under regulation 17(2), (a)the officer concerned may provide a written or oral statement relating to any matter under investigation to the investigator, including any mitigating circumstances relevant to any such matter, and. (a) must have regard to the record of police service of the officer concerned as shown on the officer's personal record; (b) may receive evidence from any witness whose evidence would, in their. 69.(1)The reviewer must, following completion of the fact-finding stage, invite the participating officer to attend a reflective practice review discussion. (a)if it is a misconduct hearing the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to those proceedings, and. These Regulations are to be read as if for regulation 42 there were substituted, 42.(1)The persons conducting a misconduct hearing may, subject to the provisions of this regulation, (a)where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. (3)If the officer concerned chooses not to be legally represented at such a hearing the officer may be dismissed or receive any other outcome under regulation 42 or 62 without being so represented. in paragraph (2)(a), if it is a misconduct hearing were omitted; in paragraphs (2)(c), (3) and (4), conducting or were omitted. #3. RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . Right away the officer will probably ask if you know why you have been stopped. whether disciplinary action for gross misconduct was imposed. (c)any other person nominated by the officer concerned and approved by the chief officer of the police force concerned,; (i)Subject to regulation 66(1), were omitted; (ii)in sub-paragraph (b), or appeal meeting were omitted; (iii)in sub-paragraph (d), , meeting were omitted. A warning is just thata warning. (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. (iv)the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of 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. (a)the conduct that is the subject matter of the allegation and how that conduct is alleged to fall below the Standards of Professional Behaviour; (b)that there is to be an investigation into the matter and the identity of the investigator; (c)the result of the severity assessment conducted under regulation 14; (d)the result of any assessment under regulation 14(5)(b) as to whether any misconduct proceedings would likely be a misconduct meeting or a misconduct hearing; (e)that if the officer is dismissed at misconduct proceedings, information including the officers full name and a description of the conduct which led to dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years; (f)that the officer has the right to seek advice from the officers staff association or any other body and of the effect of regulation 7(1) and (2); (g)the effect of regulations 8(1) to (3) and 18, and. (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. Where there is an indication that the persons conduct amounts to gross misconduct, the person will be at risk of dismissal if the allegation is proved. the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. 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. That shows that you see and acknowledge there is a cop behind you and that you are looking for a place to pull over. Written warning: If an officer issues you a written warning after pulling you over, there is a chance it will end up on your driving record. (i)regulation 1 in so far as it applies to the 2012 Regulations; (ii)regulation 2(1) and (3) (transitional provision); (iii)Part 2 (amendment of the 2012 Regulations); (iv)Schedule 1 (modifications to the 2012 Regulations). (9)Where the case is returned to the appropriate authority under paragraph (8)(b), the appropriate authority must proceed in accordance with Part 4, subject to regulation 23(1) being read as if the words Subject to regulation 49, on receipt of the investigators report under regulation 21(1), were omitted. Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. the officer proposes an alternative date or time which satisfies paragraph (3). (a)the date on which the allegation came to the attention of the appropriate authority; (b)the date on which notice was given under regulation 17(1); (i)the investigation will be concluded, and. 48. (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. (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. (2)Subject to regulation 66(1), the police friend may. 29.(1)The chair of the panel appointed under regulation 28 must take appropriate action to ensure the efficient and effective bringing of the proceedings and that they are conducted in a timely, fair and transparent manner. (8)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 a final written warning in force, neither a written warning nor a final written warning may be given. (a)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. PDF Illinois State Police Directive (7)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (5). 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. (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the accelerated misconduct hearing and of their right to make representations under regulation 53(3). it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. (7)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 a written warning in force, a written warning must not be given. (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. a chair selected in accordance with regulation 28(4)(a); HMCIC or an inspector of constabulary nominated by HMCIC, and. in any other case, before the end of 4 weeks beginning with the first working day after the previous notification. 51.(1)Where a case is certified, whether under regulation 49 or under the provisions mentioned in regulation 49(7), as one where the special conditions are satisfied and referred to an accelerated misconduct hearing, the appropriate authority must as soon as practicable give the officer concerned written notice of these matters and must supply the officer with a copy of. Section 87(5) of the 1996 Act provides that for the purposes of section 87 disciplinary proceedings in relation to a member (or former member) of a police force or a special constable (or former special constable) means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations. [1] 2 Move to the side of the road as quickly as possible. (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. (c)the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. 45.(1)Where the officer concerned is an officer, other than a senior officer, whose case was decided at a misconduct meeting, the officer may, subject to the provisions of this regulation, appeal, (a)if the officer admitted the officers conduct amounted to misconduct, against any disciplinary action imposed under regulation 42, or. the complainant and any interested person, in any case to which regulation 40 applies. 53.(1)The person conducting or chairing an accelerated misconduct hearing may require the appropriate authority to give notice of the hearing which contains information relating to one or more of. 34. any of the Regulations and provisions in regulation 3(1), or, determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(, makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(, it relates to a person who ceased to be a police officer before 15th December 2017(. Citations go into the legal system and can be pursued or defended in state court. A cop pulls you over and gives you a warning. But then he - Quora (b)the investigation of a complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable)(49) applied. (a)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; (b)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). (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. 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). The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b). . 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. (5)Subject to the harm test and paragraph (9), the person conducting or chairing the accelerated misconduct hearing must require the appropriate authority to publish the report submitted under paragraph (1). Substitute College Police Officer at San Bernardino Community College (10A)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 (14) applies.. The police can stop someone for exceeding that posted limit. (9)Where a written warning or final written warning is given, that warning remains in force for, (a)a period of 18 months beginning with the day on which it was notified to the officer concerned, in the case of a written warning, or. (a)determine the date, time and duration of the misconduct hearing, following consultation with the parties; (b)consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; (c)consider any documents supplied under regulation 32(6); (d)consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; (e)consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, (f)seek representations from the parties as to whether to. (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. (6)The report and review notes must be discussed as part of the participating officers performance and development review during the 12 month period following agreement of the report. (a)whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 39(3)(a); (b)whether the chair should impose any conditions under regulation 39(3)(b); (c)whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 39(3)(c); (d)in the light of the representations made under sub-paragraphs (a) to (c). (b)the officer proposes an alternative date or time which satisfies paragraph (3). (b)made at the accelerated misconduct hearing. Published October 23, 2017. 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. the appropriate authority must give the Director General written notice of the determination of the appeal with a summary of the reasons. the name of the person appointed to determine the appeal under paragraph (4); the name of any person appointed under regulation 8(6) to advise the person determining the appeal, and. (5)At the beginning of the accelerated misconduct hearing, the person conducting or chairing the accelerated misconduct hearing must give the officer the opportunity to say whether or not the officer accepts that the officers conduct amounts to gross misconduct. (6)Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the chair for provision of such representations. (iv)the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, an opportunity to make oral or written representations before any such question is determined, including on the appropriate level of disciplinary action, and, (d)where representations are received in relation to mitigating circumstances, (i)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. (i)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; (ii)necessary in the interests of national security; (iii)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (iv)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; (v)necessary and proportionate for the protection of the welfare and safety of any informant or witness; (vi)otherwise in the public interest, and. (c)subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (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). (6)Before the end of 10 working days beginning with the first working day after the date on which the officer concerned has complied with regulation 31(2), the appropriate authority or, as the case may be, the originating authority must supply to the person conducting or chairing the misconduct proceedings a copy of. (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. (6)Where the chair considers that it would be in the interests of justice to do so, the chair may extend. There are other amendments to section 63 but none are relevant. following consultation with the Director General, in all other cases. 54.(1)Before the end of 7 working days beginning with the first working day after the written notice is given to the officer concerned under regulation 51(1), the officer concerned must give the appropriate authority. (b)in any other case, cause the witness to be given notice that their attendance is necessary and of the date, time and place of the proceedings. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. (2)Any such lists or notice must be supplied before the end of 10 working days beginning with the first working day after the parties supplied the lists or notice under regulation 31(4). (4)Before the end of 3 working days beginning with the first working day after the date on which the officer concerned has complied with paragraph (2), the appropriate authority or, as the case may be, the originating authority, and the officer concerned must each, (a)supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. any other documents that, in the opinion of the appropriate authority or, as the case may be, the originating authority should be considered at the misconduct proceedings. 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. (e)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, as set out in the notice given in accordance with regulation 30(1)(a). (5)Subject to paragraphs (6)(b) and (7), where paragraph (4) applies, the misconduct hearing must take place before the end of the period of 30 working days beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6). (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. if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; 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. a member of a police force of the rank of sergeant or above; a senior human resources professional, or. a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. A verbatim record of the misconduct proceedings must be taken. (2)Where the chief officer of police of the police force concerned is an interested party or is unavailable, the accelerated misconduct hearing must be conducted by the chief officer of police of another police force or an assistant commissioner of the metropolitan police force. the conduct, if proved, would amount to practice requiring improvement; the matter should be referred to be dealt with under the Performance Regulations, or. 10. fall before the end of 5 working days beginning with the first working day after the day specified by the person conducting or chairing the misconduct meeting. Regulation 33 was amended by S.I. 15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. ), any interested person. The severity of this ticket will usually depend on how long out of . (4)Where cases are referred to joint misconduct proceedings, the officer concerned in any of the cases may object and request separate proceedings. at the beginning, there were inserted Subject to paragraph (6A),; misconduct or and or neither were omitted; in paragraph (2), for the words from amount, in the first place that word occurs, to the end, there were substituted not amount to gross misconduct, it must take no further action.; for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; after paragraph (6), there were inserted, The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or. 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; 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. a police officer or police staff member of the police force concerned, or. These powers are subject to regulations made under section 50 of the 1996 Act (sections 38(7) and 48(7) of the 2011 Act). Motors guys are ticket machines, that's all they do all day is go from one stop to another. no one else sees it. (15)The person conducting or chairing the accelerated misconduct hearing must review the facts of the case and decide whether or not the conduct of the officer concerned amounts to gross misconduct. (4)The person conducting or chairing the misconduct meeting must, if reasonably practicable, agree a date and time for the misconduct meeting with the officer concerned.
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