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(10)Where the appropriate authority determines under paragraph (1), (2) or (3) to refer the case to misconduct proceedings. (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. the case must be dealt with in accordance with regulation 14; the investigation must be promptly concluded; the appropriate authority must as soon as practicable and in addition to any notice required under regulation 14(7), give the officer concerned notice in writing that, the notice given to the officer under regulation 17(1) has been withdrawn and no further action will be taken pursuant to that notice, and. (a)the duty specified in paragraph (1) to supply any lists of witnesses or notice lies with the Director General and not with the appropriate authority or the originating authority; (b)the duty specified in paragraph (6) to supply the specified documents to the person conducting or chairing the misconduct proceedings lies with the Director General and not with the appropriate authority or the originating authority; (c)paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. 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; (b)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. the words from the beginning to panel, were omitted; for that panel there were substituted the panel; in paragraph (10), the words from or to to regulation 40(6), were omitted. the Director Generals relevant lawyer, where the Director General is presenting the case or would be entitled to attend the misconduct hearing under regulation 38(1). (4)Where the Director General has made a decision under regulation 24(1) to present a case, the duty specified in paragraph (1) to supply the specified documents to the person conducting or chairing the accelerated misconduct hearing lies with the Director General and not with the appropriate authority. (11)Paragraph (12) applies where an officer is dismissed at an accelerated misconduct hearing. 2006/3449 and 2011/3026. The Police (Conduct) Regulations 2020 - Legislation.gov.uk 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. 47.(1)The person determining the appeal may. Following completion of the discussion stage, the reviewer must produce a reflective review development report, in accordance with regulation 70. consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), 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)No interview may take place until the officer concerned has been provided with the terms of reference or, as the case may be, a written notice under regulation 17(2). [1] 2 Move to the side of the road as quickly as possible. Traffic Laws and Traffic Violations The rules of the road are not uniform across the United States. (ia)in the case of a Condition C person, any written statement or document provided to the Director General under regulation 4B(3) and any response to a consultation carried out under regulation 4B(4), and; (b)in paragraph (2), conducting or were omitted; (i)in sub-paragraph (a), for conduct or, as the case may be, chair, there were substituted chair; (ii)in sub-paragraph (b), conducting or, as the case may be, were omitted; (i)conduct or, as the case may be, were omitted; (e)in paragraph (6), and (7) were omitted; (a)in paragraph (1)(b), conducting or were omitted; (b)in paragraph (2)(a), (b) and (c), misconduct or and , as the case may be were omitted; (c)in paragraph (2)(c)(ii), person or were omitted. Section 63(3)(a) was substituted by paragraph 78(3) of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 6(2) of Schedule 22 to the Criminal Justice and Immigration Act 2008, sections 123(4) and 133(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 10(3)(b) of the Policing and Crime Act 2009 (c. 26). 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. Tickets/Infringements | New Zealand Police (4)When assessing the impact of the allegation on public confidence in the police for the purposes of paragraph (2)(b), the matters which the Director General must take into account are. (3)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, a final written warning must not be given. whether the chair should require notice to be given under paragraph (1); which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. (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. 11.(1)The appropriate authority may, subject to the provisions of this regulation, suspend the officer concerned from the office of constable and (in the case of a member of a police force) from membership of the force(37). (4)Subject to regulation 39(3) and (5), a complainant or interested person may be accompanied at a misconduct meeting by one other person, and if the complainant or interested person has a special need, by one further person to accommodatethat need. under regulation 23 a case is referred to a misconduct hearing. Lincolnshire Police 66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. 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. (ii)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; (iii)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; (iv)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; (v)the effect of paragraphs (3) to (6) of this regulation; (vi)the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; (vii)where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. (9)Subject to paragraph (10)(b) and (11), the misconduct hearing must take place before the end of 30 working days beginning with the date of the misconduct pre-hearing. (2)Wherethe Director General has made a decision under regulation 24(1) to present a case or is entitled to attend the accelerated misconduct hearing to make representations under regulation 58(1), the appropriate authority must notify the Director General of the date, time and place of the hearing. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. If you find the decision unfair but your employer fails to allow you to appeal, you may consider seeking a court resolution. (iii)reduction in rank, where paragraph (5) or (6) applies; (iv)dismissal without notice, where paragraph (5) or (6) applies; (b)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15). Such hearings were previously referred to as special case hearings, under the 2012 Regulations. )(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. (5)This paragraph applies where a final written warning was in force on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations. a police officer or police staff member of the police force concerned, or. (4)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.. (ii)if the case was decided at a misconduct hearing, of the right of appeal to a police appeals tribunal(53); (b)where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. (a)the period of 100 working days specified in paragraph (2); (b)the period of 30 working days specified in paragraph (5). gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). #3. (13)The appropriate authority must supply the person determining the appeal with a copy of. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. the conduct, if proved, would amount to practice requiring improvement; the matter should be referred to be dealt with under the Performance Regulations, or. (b)determine the date and time of the misconduct meeting, which must fall within the period specified in paragraph (7)(b). whether it appears that the alleged gross misconduct amounts to a criminal offence; whether it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct and, if so, the extent and seriousness of the harm; where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; whether it appears that the alleged gross misconduct was intentional; whether it appears that the purpose or one of the purposes of the alleged gross misconduct was personal gain or benefit for the officer concerned; whether it appears that the alleged gross misconduct is aggravated by discriminatory behaviour on the grounds of a persons race, gender, disability, age, religion or belief, sexual orientation or gender identity; whether it appears that the officer concerned acted with one or more other persons serving with the police within the meaning of section 12(7)(a) or (c) of the 2002 Act (member of a police force or special constable under the direction and control of a chief officer); the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; whether it appears that the officer concerned has taken steps to prevent the alleged gross misconduct being identified or to obstruct investigations into it, other than lawful steps in the officers defence; whether it appears that the alleged gross misconduct has had an adverse effect on community relations; whether it appears that there are mitigating circumstances arising out of the health (whether physical or mental) of the officer concerned at the time of the alleged gross misconduct, and. (2)This paragraph applies in a case where misconduct proceedings have been delayed by virtue of regulation 10(3) and the appropriate authority has certified the case as one where the special conditions are satisfied following a determination made under regulation 49(3). (a)in paragraphs (1), (3), (5), (10) and (11) conducting or were omitted; (b)in paragraph (2), in relation to the form of misconduct proceedings taking place were omitted; (c)in paragraph (5), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; (d)in paragraph (8), (at a misconduct hearing) were omitted; (e)after paragraph (10), there were inserted. Where the question of disciplinary action for gross misconduct is being considered, the person or persons considering it, the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5); and, The person chairing a misconduct hearing must provide any information to the appropriate 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, Advanced Search (including Welsh legislation in Welsh language), http://www.college.police..uk/en/20989.htm, 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. (6)In paragraph (5), protected disclosure has the meaning given by section 43A of the Employment Rights Act 1996 (meaning of protected disclosure)(27). At the top of the warning, it will usually say the word warning rather than citation, complaint, ticket, or violation. 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. Access essential accompanying documents and information for this legislation item from this tab. (10)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the accelerated misconduct hearing. (b)advise the person determining the appeal. (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. 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. in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. (4)The reference in paragraph (3)(d)(ii) to a member of the police force includes a reference to a special constable appointed for the area of that force and a police staff member serving in that force. (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. means a document relating to any matter under investigation, and. (b)give notice to the other that they do not propose any witnesses. 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. (a)in paragraph (1), after practicable there were inserted and subject to regulation 20A; (b)in paragraph (5), for the words from must to the end there were substituted must be reasonable.. in deciding whether or not to suspend the officer concerned under this regulation, and. (a)the period of 10 working days referred to in paragraph (2); (b)the period of 10 working days referred to in paragraph (6). If they write a ticket, it will almost immediately (up to a couple days) show up on your COURT records, as a citation an. (12)Information that has already been published during the course of the proceedings may not be redacted under paragraph (9). (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. (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. Part 7 also amends the Police Barred List and Police Advisory List Regulations 2017 (S.I. such longer period as the person or persons considering the question of disciplinary action may determine, up to a maximum of 5 years from the day on which it was notified to the officer. 6. where functions have been delegated under paragraph (1), appropriate authority, in relation to the exercise of such functions, means the chief officer of police to whom the functions have been delegated; originating authority means the chief officer of police of the force of which the officer concerned is a member which has delegated functions under paragraph (1). (c)the person conducting or chairing the misconduct proceedings must notify the officer concerned prior to those proceedings. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (8)Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned does not amount to gross misconduct, they may. for sub-paragraph (c), there were substituted, if they worked, directly or indirectly, under the management of the officer concerned at the relevant time. (7)Where the appropriate authority certifies a case as one where the special conditions are satisfied under regulation 25(3) or 26(3) of the Complaints and Misconduct Regulations (including pursuant to regulation 26(8)(b) of those Regulations), it must, subject to regulation 10(3), refer it to an accelerated misconduct hearing. 28.(1)Where the officer concerned is an officer other than a senior officer. (2)The disciplinary action available at a misconduct meeting is, (3)The disciplinary action available at a misconduct hearing is, (a)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to misconduct, in accordance with regulation 41(15).

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