(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. the officer proposes an alternative date or time which satisfies paragraph (6). Certain crimes require an officer to take action domestic violence, for instance. Published October 23, 2017. 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; the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and, When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are, whether it appears that the officer concerned should be prevented from future employment or appointment by a person mentioned in section 88C(5) of the 1996 Act (effect of inclusion in police barred list: persons who may not employ or otherwise appoint a barred person). 68.(1)Enquiries made by the reviewer during the fact-finding stage must be reasonable, proportionate and relevant to the purpose, which is to establish the facts of the matter subject to the review process. (a)in paragraph (1)(a), misconduct or were omitted; (i)in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; (ii)in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; (i)for the panel of persons must comprise there were substituted where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons, comprising; (ii)in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; (c)in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. (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. at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). (2)Where the officer concerned is a senior officer and the case is referred to misconduct proceedings, those misconduct proceedings must be conducted by a panel of three persons appointed in accordance with paragraphs (4) and (5). Regulation 22 is to be read as if conducting or were omitted. In regulation 63(1), for sub-paragraph (c) there were substituted. Your local police force - online. (4)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(64) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).. respond on behalf of the officer to any view expressed at the proceedings; by the officer concerned to the appropriate authority or, as the case may be, the originating authority in accordance with regulation 31(3), or. . in the case of joint misconduct proceedings, copied to each other officer concerned. (a)a chair appointed by the local policing body, selected on a fair and transparent basis from the list of legally qualified persons maintained by the local policing body for the purpose of these Regulations; (b)a member of a police force of the rank of superintendent or above (provided the member is of a more senior rank than the officer concerned), appointed by the appropriate authority, and. 24.(1)The Director General may decide to present the case on behalf of the appropriate authority where, (a)paragraph (2) applies and the case is referred to a misconduct hearing or an accelerated misconduct hearing, 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. (8)The appropriate authority must review the suspension conditions. Do warnings go on driving records? | Jerry (i)a determination under paragraph 6(2A) of Schedule 3 to the 2002 Act (handling of complaints by the appropriate authority)(55); (ii)a determination under paragraph 23(5A)(c) of Schedule 3 to the 2002 Act (action by the Director General in response to an investigation report under paragraph 22)(56); (iii)a determination under paragraph 24(6) of Schedule 3 to the 2002 Act (action by the appropriate authority in response to an investigation report under paragraph 22)(57); (iv)a recommendation under paragraph 28ZA of Schedule 3 to the 2002 Act (recommendations by the Director General or a local policing body)(58). Norfolk Police officer who was filmed giving girl, 15, 'big flying kick the Director General may attend the accelerated misconduct hearing to make representations. (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. (d)given to the officer in any other manner agreed between the person who is required to give the notice or document and the officer. Lincolnshire Police Part 1 Knowing What to Do When You're Pulled Over Download Article 1 Turn on your signal. (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). where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. (5)At the beginning of the misconduct proceedings, the person conducting or chairing the misconduct proceedings must give the officer concerned the opportunity to say whether or not the officer accepts that the officers conduct amounts to misconduct or gross misconduct, as the case may be. (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. (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. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. (14)Where the question of disciplinary action is being considered, the person or persons considering it. 2020/2) which deal with public complaints and other discipline related matters arising under Schedule 3 to the 2002 Act. 11. (a)in paragraph (2), in both places where the words appear, conducting or were omitted; (b)in paragraph (3)(a)(ii), in the case of a misconduct hearing, were omitted. (b)the officer proposes an alternative date or time which satisfies paragraph (7). 64.(1)A verbatim record of the proceedings at the accelerated misconduct hearing must be taken. Welcome to the Lincolnshire Police website. necessary and proportionate for the protection of the welfare and safety of any informant or witness; a conduct matter under Schedule 3 to the 2002 Act(handling of complaints and conduct matters etc. The investigator must make a written record of any notice of enquiry and response received under this regulation. (5)A copy of the report, together with a note of the review of the report and of actions taken, must be retained. 69.(1)The reviewer must, following completion of the fact-finding stage, invite the participating officer to attend a reflective practice review discussion. For example, when a police officer pulls you over for running a stop sign, they will give you a document outlining the violation. Does A Warning Go On Your Record - Fair Punishment 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). Do you have to pay for a warning speeding ticket? state that the Director General is to make a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of such a determination; if disciplinary proceedings are taken and the allegation of gross misconduct is proved, the officer concerned may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of a police force or a special constable, and. (a)whether it appears that the alleged gross misconduct amounts to a criminal offence; (b)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; (c)where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; (d)whether it appears that the alleged gross misconduct was intentional; (e)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; (f)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; (g)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); (h)the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; (i)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; (j)whether it appears that the alleged gross misconduct has had an adverse effect on community relations; (k)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. a written report on the investigation to that point. (14)The person determining the appeal must determine whether the notice of appeal sets out arguable grounds of appeal and if they decide that it does not, they must dismiss the appeal. (11)Where the appropriate authority fails to make the determination referred to in paragraph (1) or (2) before the end of 15 working days beginning with the first working day after receipt of the report, it must notify the officer concerned of the reason for this. To find more information on how to pay your infringement see pay your infringement. This process does not amount to disciplinary proceedings, as defined in regulation 2(1). (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. Amendment of the Special Constables Regulations 1965 and the Police Barred List and Police Advisory List Regulations 2017, Modifications to these Regulations in their application to former officers, the following definitions were inserted in the appropriate places. 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. 4.(1)Subject to paragraph (6), these Regulations apply where an allegation comes to the attention of an appropriate authority which indicates that the conduct of a police officer may amount to misconduct, gross misconduct or practice requiring improvement. (8)At the misconduct pre-hearing the chair must. 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). 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). (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. (10)Subject to the provisions of this regulation, any interested person or complainant entitled to be given notice of the appeal meeting under paragraph (7) may attend the appeal meeting as an observer. the appropriate authority is the chief officer of any police force, and. (13)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 been reduced in rank under the Police (Conduct) Regulations 2004(51) or under these Regulations, a reduction in rank may not be imposed. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. (b)includes such a document containing suggestions as to lines of inquiry to be pursued or witnesses to be interviewed.
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