(7)The investigator must, in advance of the interview, provide the officer concerned with such information as the investigator considers appropriate in the circumstances of the case to enable the officer to prepare for the interview. might prejudice the investigation or any other investigation (including, in particular, a criminal investigation). (a)the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to the hearing, and. (4)Where a final written warning is given, that warning remains in force for, (a)a period of 2 years beginning with the day on which it was notified to the officer concerned, or. (b)the appropriate authority or, as the case may be, the originating authority; (5)Written representations in relation to the matters specified in paragraph (3)(a) to (c) may also be made by any representative of the media to the chair. (b)one of the conditions set out in paragraph (3) is satisfied. (8)In the case of a joint misconduct meeting, where a date and time is specified under paragraph (5) and one or more of the officers concerned or their police friend will not be available at that time, the person conducting or chairing the misconduct meeting must, (a)consult each of the officers concerned as regards the timing of the misconduct meeting, and. in the case of a misconduct hearing, to misconduct, gross misconduct or neither. The infringement notice or written traffic warning will then be sent directly to the postal address you confirmed with the Officer at the roadside. (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. for sub-paragraph (e), there were substituted. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (2)Where the person conducting or chairing the accelerated misconduct hearing requires notice to be given in accordance with paragraph (1), the appropriate authority must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 52(1). the effect of paragraphs (6) to (9) of this regulation. if the officer concerned 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, where representations are received into 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 concerned could reasonably have been expected to so mention them, and. Regulation 33 was amended by S.I. (6)The appropriate authority must give the Director General any assistance the Director General reasonably requires for the purpose of presenting a case. (13)The appropriate authority must supply the person determining the appeal with a copy of. Subject to the provisions of this regulation, the person or persons conducting the accelerated misconduct hearing may, where the person or persons find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, 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. Section 29(1) of the 2002 Act provides that for the purposes of Part 2 of that Act disciplinary proceedings in relation to a member of a police force or a special constable means proceedings under any regulations made by virtue of section 50 or 51 of the 1996 Act and identified as disciplinary proceedings by those regulations (paragraph (a) of the definition of disciplinary proceedings). (b)following consultation with the Director General, in all other cases. (10)Where the officer concerned is suspended under this regulation, the officer must remain so suspended until whichever of the following occurs first. Regulation 14 provides for the appropriate authority to make a severity assessment in relation to the conduct which is the subject matter of the allegation. (a)confirm or reverse the decision appealed against; (b)deal with the officer concerned in any manner in which the person conducting or chairing the misconduct meeting could have dealt with the officer under regulation 42. unless they have an appropriate level of knowledge, skills and experience to plan and manage the investigation; if they work, directly or indirectly, under the management of the officer concerned, or, in a case where the officer concerned is a senior officer, if they are. (b)in any other case, before the end of 4 weeks beginning with the first working day after the previous notification. The officer may simply write a note on the ticket indicating the violation and explaining that it is a warning. (3)The appropriate authority must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of that report. Warnings are not recorded on an individual's driving record, cannot be used to raise insurance rates, and don't result in a fine. Information in documents which are stated to be subject to the harm test under these Regulations must not be supplied to the officer concerned in so far as the appropriate authority considers that preventing disclosure to the officer is. (2)Where the appropriate authority assesses that the conduct, if proved, would amount to neither misconduct nor gross misconduct, it must assess whether. the Police (Conduct) (Amendment) Regulations 2014(, the Police (Conduct) (Amendment) Regulations 2015(, the following provisions of the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 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. You go to the desk, hand them the warning. the line manager of the participating officer; another officer who is senior to the participating officer, or. conduct or, as the case may be, chair the misconduct proceedings, or. provided under regulation 36(3) or (5), or, if the officer admitted the officers conduct amounted to misconduct, against any disciplinary action imposed under regulation 42, or. 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; necessary in the interests of national security; necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; 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; justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. 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. 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)(, 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)(, the appropriate authority and the Director General agree that the Director General should present the case, or. (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. 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. These Regulations are to be read as if regulation 11 were omitted. accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. (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. (2)In regulations 2(1) (interpretation), in the definition of Standards of Professional Behaviour, and 10(1)(a) (publication of information in barred list), for 2012 substitute 2020. (9)The chair must determine whether it would be in the interests of justice for the application to be granted, provided that the date fixed for the commencement of the hearing must be within the period specified in paragraph (2), or such period as extended under paragraph (6)(a). (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. (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. where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. the officer concerned or the officers police friend may provide any relevant documents to the investigator. Police officers do not abuse their powers or authority and respect the rights of all individuals. (2)Where the Director General so attends the misconduct proceedings. (i)the following definitions were inserted in the appropriate places. has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings)(, accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of that Schedule (reviews with respect to an investigation)(. Try our Hot Rate Hotels, Cars and Flights. (5)When making a Condition C special determination the Director General must take into account in addition to the matters specified in regulation 4A. the appeal meeting must be postponed to the date or time proposed by the officer. 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. paragraphs (3), (4) and (6) were omitted; in paragraph (5), conducting or were omitted. (6)The officer concerned may object to any person whom the officer is notified under this regulation is to. Here's some information on warning tickets: They are not recorded on your driving record. The way to avoid that would be to set up a court appearance rather than pay the fine. 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. 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. 7. each time a new Written Warning form book is issued. Section 29(7)(b) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the Policing and Crime Act 2017, may, in respect of a person who ceased to be a police officer after section 29(2) and (3) of the 2017 Act came into force but whose alleged misconduct, inefficiency or ineffectiveness took place before that date, only make provision if the alleged misconduct, inefficiency or ineffectiveness is such that if proved there could be a finding in disciplinary proceedings that the person would have been dismissed had they still been a police 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). (b)complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. 32. (c)a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. (11)In a case to which paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, the appropriate authority must consult withthe Director General, (a)in deciding whether or not to suspend the officer concerned under this regulation, and. (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. ILLINOIS STATE POLICE DIRECTIVE . (12)Any such application must set out the reasons for the application. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. (ii)unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than that person; (b)where the person who conducted the misconduct meeting was a police staff member, by, (i)a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. 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)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. 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.

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