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(3)Before referring a matter to the reflective practice review process or to be dealt with under the Performance Regulations, the appropriate authority must consult the line manager of the officer concerned. (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. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. 49.(1)On receipt of a statement submitted by the investigator under regulation 21(3), the appropriate authority must determine whether the special conditions are satisfied. having determined that the officer has a case to answer in respect of misconduct and that the case does not fall under sub-paragraphs (a), (b) or (c), those proceedings must be a misconduct meeting. who is not an interested party, appointed by the appropriate authority. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. 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. (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. take no further action against the officer concerned; refer the matter to the reflective practice review process, or, refer the matter to be dealt with under the Performance Regulations, and, the appropriate authority must as soon as practicable give the officer concerned, written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and. any other matters that the Director General considers relevant. Within three days from receipt of the citation, the police chief or a designated officer of at least sergeant grade would decide whether to proceed by way of a written warning, a court complaint, (3) reference to the Registry of Motor Vehicles, or voiding the citation. You have to know how to talk to the officer. the officer concerned or the officers police friend may provide any relevant documents to the investigator. (d)the power referred to in paragraph (9) to apply for an extension of the periods of time referred to in paragraphs (2) and (6) lies with the Director General and not with the appropriate authority or the originating authority. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. Once a police officer determines that your driver is in violation of a traffic or safety law, they can give a warning or a citation. There is provision for a matter to be referred to be dealt with under this process by the appropriate authority when making a severity assessment (under regulation 14(4)) or, following an investigation, under regulation 23(8) and by a person or persons conducting misconduct proceedings, under regulation 42(1)(b). paragraph (4) applies except in so far as it specifies the period of time for making an objection; 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); paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the appropriate authority to give written notice of the effects of paragraphs (8) and (9). (a)a summary of the issue and any relevant background circumstances; (b)a summary of the reflective practice review discussion; (c)key actions to be undertaken within a specified time period; (d)any lessons identified for the participating officer; (e)any lessons identified for the line management or police force concerned; (f)a specified period of time for reviewing the report and the actions taken. the period between the date P ceased to be a police officer and the date the allegation first came to the attention of the relevant body did not exceed 12 months. A verbal warning and a written warning are . (9)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the misconduct proceedings. (7)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. 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. (7)If the appropriate authority makes an assessment other than that the conduct if proved would amount to misconduct or gross misconduct. (b)the officer concerned or the officers police friend may provide any relevant documents to the investigator. (bb)would be entitled to attend the misconduct hearing under regulation 38(1). (8)Any such application must set out the reasons for the application. (5)When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are. provided under regulation 53(3) or (5), or. (i)after sub-paragraph (b), and were inserted; (ii)for sub-paragraphs (c) and (d) there were substituted, (c)indicate the investigators opinion as to whether. (10)Where a final written warning is given under paragraph (3), the period in paragraph (9)(b) may be extended, by the persons considering the question of disciplinary action, to a maximum period of 5 years. (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. . in the case of a chair appointed under regulation 28(4), give such directions as they think appropriate prohibiting the publication of any matter relating to the proceedings. (b)if the officer concerned is present at the accelerated misconduct hearing or is participating in it by video link or other means in accordance with regulation 57(2), confer with the officer. #3. (5)The person conducting or chairing the misconduct proceedings may, at the persons discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer. (ii)the investigation has been concluded. 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. (2)For the purposes of this regulation, each of the following is a relevant period. (a)written notice of whether or not they accept that their conduct amounts to misconduct or gross misconduct, as the case may be; (b)where they accept that their conduct amounts to misconduct or gross misconduct, as the case may be, any written submission they wish to make in mitigation, and, (c)where they do not accept that their conduct amounts to misconduct or gross misconduct, as the case may be, or they dispute part of the case against them, written notice of, (i)the allegations they dispute and their account of the relevant events, and. 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; where the person who conducted the misconduct meeting was a police staff member, by, a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. A warning for a traffic infraction is a reprieve, but it should also be viewed as a wake-up call. If the ticket is reported to DPS, the revenue from the ticket is split, the municipality writing it keeping the smaller fraction. (iii)the originating authority, where functions have been delegated under regulation 26(1); (iv)the Director General, where the Director General. (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. (2)Such discussion should take place as soon as reasonably practicable. 1965/536 to which there are amendments not relevant to these Regulations. prohibit the publication of any matter under regulation 39(3)(c). where the officer concerned was a special constable at the relevant time, the police force maintained for the police area for which the officer was appointed at that time;; (i)for the definition of police officer, except in its application to regulations 4, 7 and 8, there were substituted. 1965/536) to remove the prohibition on special constables giving notice of their retirement whilst suspended or retiring pursuant to a notice given before they were suspended. Later that day, in the evening, I was driving and another cop pulled me over for speeding. (3)The officer concerned may object to any person whom the officer is notified under the preceding provisions of this regulation is to, (a)conduct or, as the case may be, chair the misconduct proceedings, or. 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. 13. (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. (11)Where the Director General has made a decision under regulation 24(1) to present a case, each of paragraphs (1), (2) and (7) must be read as if and the Director General were inserted after the officer concerned. (c)a person appointed by the local policing body, selected on a fair and transparent basis from a list of candidates maintained by the local policing body for the purpose of these Regulations. where the officer concerned is a member of a police force, must be either another member of a police force of at least one rank higher than the officer or, unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned; where the officer concerned is a special constable, must be. (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). 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). (ii)any arguments on points of law they wish to be considered by the person or persons conducting the misconduct proceedings. to the officer concerned in accordance with regulation 30(1). 17.(1)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (a) of that paragraph, the investigator must, as soon as reasonably practicable after being appointed, give the officer concerned a written notice stating. they are satisfied on the balance of probabilities that this is the case, or. (b)the officer proposes an alternative date or time which satisfies paragraph (7). the appropriate authority must, subject to regulation 49(3) and paragraph (10) and unless the appropriate authority must refer the case to misconduct proceedings in accordance with paragraph (9), make a further determination as to the matters set out in paragraph (1)(a) to (c) or, as the case may be, paragraph (2)(a) to (d). These Regulations revoke and replace the Police (Conduct) Regulations 2012 (S.I. Your letter will be placed in your personnel file along with the written warning. (5)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (d) of that paragraph, where the written terms of reference are given under paragraph (2) and those terms are revised by the investigator, the investigator must as soon as practicable give the officer concerned the revised terms of reference. (b)the officer proposes an alternative date or time which satisfies paragraph (6). a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; 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. (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.

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