(iii)respond on behalf of the officer to any view expressed at the proceedings; (8)Where (at a misconduct hearing) the person representing the officer concerned is a relevant lawyer, the police friend of the officer may also confer with the officer. 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. 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. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (4)Except in a case where the officer concerned has the right to be legally represented and chooses to be so represented, the officer may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting only by a police friend. If you choose to write a statement for the file, you should forward your letter to Name, Human Resources Manager/Director or designee, within fifteen (15) calendar days of receipt of this written warning. (3)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. the appropriate authority decides, following a review, that the suspension conditions are no longer satisfied; either of the events mentioned in paragraph (5)(a) and (b). Section 28A was inserted by section 2(1) and (2) of the Police (Complaints and Conduct) Act 2012 and amended by paragraphs 15 and 39 of Schedule 9 to the Policing and Crime Act 2017. 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. 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. Ask a Trooper: How long does a written warning ticket stay on your (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.. Your local police force - online. Paragraph 23(5A) was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to the Policing and Crime Act 2017. impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; where they find the conduct amounts to neither gross misconduct nor misconduct, direct that the matter is referred to be dealt with under the reflective practice review process. (b)any criminal proceedings have concluded (whatever the outcome). They do not discriminate unlawfully or unfairly. (ii)in sub-paragraph (c), the words from the beginning to 28(4), were omitted; (c)in paragraphs (4) and (7), conducting or were omitted. Do Traffic Warnings Get Reported To Your Car Insurance Provider? The way to avoid that would be to set up a court appearance rather than pay the fine. (3)Where under paragraph (2) the officer concerned is allowed to and does so participate in the accelerated misconduct hearing, or where the officer otherwise does not attend the accelerated misconduct hearing, (a)the officer may nonetheless be represented at that hearing by, (ii)a relevant lawyer (in which case the police friend may also attend), 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. Part 4 makes provision about misconduct proceedings. Does A Warning Go On Your Record - Fair Punishment the officer concerned or the officers police friend will not be available, and. (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)after 18(1) there were inserted , 20A(2); (ii)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; (g)in paragraphs (14) and (16), person or were omitted; (h)for paragraph (15) there were substituted. Access essential accompanying documents and information for this legislation item from this tab. 57.(1)Subject to paragraph (2), the officer concerned must attend the accelerated misconduct hearing. 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. (3)Prior to the accelerated misconduct hearing, the appropriate authority must provide the officer concerned with, (a)a list of the documents supplied under paragraph (1), and. Whether or not the officer cites the driver for the violation is completely within that officer's discretion. (b)in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 23.(1)Subject to regulation 49, on receipt of the investigators report under regulation 21(1), the appropriate authority must, as soon as practicable, determine. (16)The parties must comply with any directions issued under paragraph (15). (i)at the beginning, there were inserted Subject to paragraph (6A),; (ii)misconduct or and or neither were omitted; (b)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.; (ii)for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; (e)in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; (f)after paragraph (6), there were inserted, (6A)The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , (a)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. Paragraph 28ZA of Schedule 3 to the 2002 Act was inserted by section 16 of, and paragraph 45 of Schedule 5 to, the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1), (2) and (20) of Schedule 9 to that Act. The severity of this ticket will usually depend on how long out of . 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. (a)the appropriate authority, when its views were sought in respect of the case under paragraph 23(5A)(a)(i) of Schedule 3 to the 2002 Act (action by the Director General in relation to an investigation report under paragraph 22)(46), or subsequently, expressed a view on the matter referred to in that paragraph that differed from the determination of the Director General under paragraph 23(5A)(b)(i) of that Schedule; (b)the appropriate authority notified the Director General under paragraph 25(4D)(a) of Schedule 3 to the 2002 Act (reviews with respect to an investigation) that it did not accept a recommendation of the Director General under paragraph 25(4C)(c)(i) of Schedule 3 to the 2002 Act (reviews with respect to an investigation)(47); (c)the appropriate authority and the Director General agree that the Director General should present the case, or. (b)in paragraph (5), conducting or were omitted; (c)in paragraph (6), for are senior officers there were substituted were senior officers at the relevant time. Suffolk police officer given final written warning for gross misconduct (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. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. However, you should carefully read over the paper he gave you to make sure that it was actually a warning ticket and that there is no court date or fine on the paper. We have to document the information relating to motor vehicle stops in which a ticket, citation, or warning (including Verbal Warnings) is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; Anyways, me and my gf continued on, and an hour or so later we pass through the same area again. provide the Director General with a copy of the written notice given under paragraph (1). (2)A reflective review development report must contain. 46.(1)This regulation applies where the officer concerned requests a meeting in the written notice of appeal under regulation 45(3). These Regulations deal with internal conduct matters brought to the attention of the police otherwise than under Schedule 3 to the Police Reform Act 2002 (2002 c. 30) (the 2002 Act). Section 39A was inserted by section 2 of the 2002 Act and was amended by paragraphs 1 and 30 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and section 124 of the Anti-social Behaviour, Crime and Policing Act 2014. where the officer is a member of a police force, a person nominated by the officers staff association. a statement of the investigators belief and the grounds for it, and. (3)Any person to whom this paragraph applies may make written representations to the person conducting or chairing the accelerated misconduct hearing in relation to. Section 84(4) of the 1996 Act was amended but none of the amendments are relevant. (5)Where the Director General makes a decision under paragraph (1) to present a case, the Director General must as soon as practicable inform the appropriate authority of the decision. 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. (6)This paragraph applies for so long as the investigator considers that giving. (a)the officer complies with regulation 31(2) and (3); (b)the expiry of the 15 working day period referred to in regulation 31(1)(a), if the officer has not complied with regulation 31(2) and (3) within that period, or. (12)In relation to an objection under paragraph (11) of this regulation. There are further amendments to section 9 but none are relevant. (10)Where the chair considers that it would be in the interests of justice to do so, the chair may extend. 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. Condition C special determination: matters to be taken into account, This Part applies where the Director General is required under paragraph 23(5A)(ba). (c)where the officer is a member of a police force, a person nominated by the officers staff association. (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. (b)a copy of any such document, where it has not already been supplied. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). 43.(1)The person conducting or chairing the misconduct proceedings must, before the end of a period of 5 working days beginning with the first working day after the completion of the misconduct hearing or misconduct meeting, submit a report to the appropriate authority or, where functions have been delegated under regulation 26(1), to the originating authority setting out. would be entitled to attend the misconduct hearing under regulation 38(1). (i)whether the chair should require notice to be given under paragraph (1); (ii)which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. (a)in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; (b)in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. in any other case, subject to paragraph (2), the chief officer of police of the police force concerned. See regulation 2(1) for definition of misconduct in these Regulations. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 4A.(1)This Part applies where the Director General is required under paragraph 23(5A)(ba)(61) of Schedule 3 to the 2002 Act (as applied with modifications by regulation 42 of, and Schedule 2 to, the Complaints and Misconduct Regulations) to make a Condition C special determination. (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. (3)If at any time during the fact-finding stage substantial evidence becomes available to the reviewer, which was not available to the appropriate authority when the matter was referred to be dealt with under the reflective practice review process, the reviewer must refer the matter to the appropriate authority for a further assessment under regulation 14. (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 person conducting or chairing the accelerated misconduct hearing for provision of such representations. in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 40. (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. You go to the desk, hand them the warning. 7. (b)complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. the officer complies with regulation 31(2) and (3); the expiry of the 15 working day period referred to in regulation 31(1)(a), if the officer has not complied with regulation 31(2) and (3) within that period, or. A warning is just thata warning. (b)where the person or persons find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. Answer (1 of 9): It will show on informal records held by the local police department. (7)As soon as practicable after it has completed the assessment under paragraph (5), the appropriate authority must, (a)inform the officer concerned of the outcome of its assessment, and. Mostly, these are not filed with courts; rather, it's just for your understanding and awareness of what happened. the officer proposes an alternative date or time which satisfies paragraph (5). The officer that stops you will know you've been issued the written warning recently during a prior traffic . (5)Paragraph (1) does not apply in a case where the Director General has made a decision under regulation 24(1) to present a case. Part 3 applies to internal conduct allegations of misconduct or gross misconduct which may justify the bringing of disciplinary proceedings and are referred to be dealt with under these Regulations by the appropriate authority. (a)on receipt of any representations under paragraph (7); (b)if there has been no previous review, before the end of 4 weeks beginning with the first working day after the suspension; (i)when it becomes aware that circumstances relevant to the suspension conditions may have changed (whether by means of representations made under paragraph (7)(b) or otherwise), or. In regulation 63(1), for sub-paragraph (c) there were substituted. a summary of the issue and any relevant background circumstances; a summary of the reflective practice review discussion; key actions to be undertaken within a specified time period; any lessons identified for the participating officer; any lessons identified for the line management or police force concerned; a specified period of time for reviewing the report and the actions taken. 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. the appropriate authority or, as the case may be, the originating authority; the officer may nonetheless be represented at those proceedings by , in the case of a misconduct hearing, a relevant lawyer (in which case the police friend may also attend), and. for sub-paragraph (e), there were substituted. (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. 2006/3449 and 2011/3026. the identification of key lessons to be learnt by the participating officer, line management or police force concerned, to address the matter and prevent a reoccurrence of the matter. where the police force concerned is the metropolitan police force, an assistant commissioner, or. (c)where the 15 working day period referred to in regulation 31(1)(a) is extended in accordance with regulation 31(1)(b), the expiry of such extended period. [1] 2 Stay calm. (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). (8)The appropriate authority must review the suspension conditions. (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. (b)includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed. it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. In accordance with section 63(3)(a) of the Police Act 1996(4), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations. (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. (2)Where the question of disciplinary action for gross misconduct is being considered, the persons considering it. Try our Hot Rate Hotels, Cars and Flights. (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. 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. What does it mean if you get a warning ticket? | Jerry (10)For the purposes of this regulation parties means the appropriate authority or, as the case may be, the originating authority, the officer concerned, the officers representatives and, where the Director General is presenting the case, the Director General. (2)Where a notice is given under paragraph (1), the investigator must, (a)subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (b) of that paragraph, give the officer concerned the written terms of reference of the investigation, or. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (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). ), any interested person. (a)having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; (b)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; (c)where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(45) or these Regulations less than 2 years prior to the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations, those proceedings must be a misconduct hearing, and. (b)assist the appropriate authority to establish whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (4)This paragraph applies to a case where the appropriate authority submitted a memorandum to the Director General under regulation 26(5) of the Complaints and Misconduct Regulations (determination by the appropriate authority not to certify a case for accelerated procedure) and the Director General directed the appropriate authority to certify the case under regulation 26(8)(b) of those Regulations. police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (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. (a)the finding of the person or persons conducting the misconduct proceedings; (d)any direction that the matter be dealt with under the reflective practice review process. (9)Where, following a review under paragraph (8), the suspension conditions remain satisfied and the appropriate authority decides the suspension should continue, it must, before the end of 3 working days beginning with the day after the review, so notify the officer concerned in writing with a summary of the reasons. (i)take no further action against the officer concerned; (ii)refer the matter to the reflective practice review process, or, (iii)refer the matter to be dealt with under the Performance Regulations, and, (b)the appropriate authority must as soon as practicable give the officer concerned, (i)written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and. give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. 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. 10. 71. (ii)if the officer concerned is subject to such a finding, the officer will be included in the police barred list; (d)subject to the harm test, set out any findings relating to the conduct to which the investigation relates in any investigation report submitted to the Director General under Schedule 3 to the 2002 Act; (e)set out the persons rights under paragraph (3); (f)in the case of the officer concerned, state that the officer has the right to seek advice from the officers staff association or any other body and the effect of regulation 7(1) and (2). (6)Reduction in rank may only be imposed under this regulation where the person or persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority, including in relation to the likely operational impact. 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. 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. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 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; 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. (i)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; (ii)the application of the harm test under paragraph (1)(c), and. (3)In a case where the misconduct proceedings have been delayed by virtue of regulation 10(3), as soon as practicable after, (a)the appropriate authority considers that such proceedings would no longer prejudice any criminal proceedings, or.
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