Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty. Part 3 of these Regulations will not apply to these cases. Following completion of the discussion stage, the reviewer must produce a reflective review development report, in accordance with regulation 70. in submitting any information or by not submitting any information at all under regulation 54 (or, where paragraph 14 applies, regulation 18(1) or 31(2) or (3)) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, a period of 2 years beginning with the day on which it was notified to the officer concerned, 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. in paragraph (7), for the words from or to refer to the end, there were substituted or is required under paragraph (6A)(a) to take no action or no further action, it must so notify the officer concerned in writing as soon as practicable.. Welcome to the Lincolnshire Police website. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (11)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (9). (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or. (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. in sub-paragraph (a), misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or were omitted; for sub-paragraphs (b) to (d), there were substituted. (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. This is the citation or ticket. If the reviewer considers that the participating officer is failing to engage with the reflective practice review process, the reviewer may refer that failure for assessment by the appropriate authority under regulation 14. (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). 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. 29.(1)The chair of the panel appointed under regulation 28 must take appropriate action to ensure the efficient and effective bringing of the proceedings and that they are conducted in a timely, fair and transparent manner. (9)Where the circumstances prescribed in paragraph (8) apply, the Director General may be represented by a relevant lawyer. Regulation 33 was amended by S.I. (4)In the case of joint misconduct proceedings, where a date and time is specified under paragraph (1) and one or more of the officers concerned or their police friend will not be available at that time, the chair must, (a)consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. Regulation 15 was amended by S.I. Traffic warnings are generally only kept in police department computers, and are not reported in a way that your insurance company could find out about them. (4)The misconduct proceedings must not, except in exceptional circumstances, be adjourned solely to allow the complainant or any witness or interested person to attend. . 32. (c)a statement of the investigators opinion as to whether the matter should be referred to be dealt with under the Performance Regulations or the reflective practice review process. (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the misconduct proceedings and, if applicable, of their right to make representations under regulation 36(3). Thomas C Gallagher. (c)the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. (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. (a)the period of 15 working days specified in paragraph (1)(a); (b)the period of 30 working days specified in paragraph (9). 62.(1)Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned amounts to gross misconduct, they must impose disciplinary action, which, subject to the provisions of this regulation, may be. (ii)any arguments on points of law they wish to be considered by the person or persons conducting the accelerated misconduct hearing; (d)a copy of any document they intend to rely on at the accelerated misconduct hearing. to the officer in accordance with regulation 51(1). (b)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. (2)The investigator must, as part of the investigation, consider any such statement or document and must make a record of having received it. Part 5 makes provision about accelerated misconduct hearings. The appropriate authority must cause a record to be kept of disciplinary proceedings brought against every officer concerned, together with the finding and decision on disciplinary action and the decision in any appeal by the officer. These Regulations are to be read as if regulation 34 were omitted. Police officers treat information with respect and access or disclose it only in the proper course of police duties. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (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). Published October 23, 2017. any written statement or document provided under paragraph (3); any response to a consultation carried out under paragraph (4); 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, and. You go to the desk, hand them the warning. BTW, my ticket . before the end of 7 working days beginning with the first working day after being suspended; at any time during the suspension if the officer reasonably believes that circumstances relevant to the suspension conditions have changed. On Friday, I was driving back to the office midday and a police officer pulled me over. (1)A verbatim record of the misconduct proceedings must be taken.. Subject to regulation 66(1), were omitted; in sub-paragraph (b), or appeal meeting were omitted; in sub-paragraph (d), , meeting were omitted. (2)Subject to paragraph (4), where a date and time is specified under paragraph (1) and, (a)the officer concerned or their police friend will not be available, and. (5)Where the officer concerned is a senior officer, for paragraph (4)(b) there is substituted. (b)in the case of joint misconduct proceedings, copied to each other officer concerned. a summary of planned steps to progress the investigation and bring it to a conclusion. (11)The officer concerned may object to the appointment of a person appointed under paragraph (9). 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. A police warning ticket is often issued for minor traffic violations, such as speeding or failing to come to a complete stop at a stop sign. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. (15)The person or persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts, (a)in the case of a misconduct meeting, to misconduct or not, or. 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. There are further amendments to paragraphs 16, 18 and 19 but none are relevant. (b)the complainant and any interested person, in any case to which regulation 40 applies. (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(2) or under these Regulations, a reduction in rank may not be imposed. (aa)in paragraph (ii), misconduct or and , as the case may be were omitted; (bb)in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; (cc)in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; (dd)after paragraph (vii), and were omitted; (ee)after paragraph (viii), there were inserted, (ix)the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. (6)This paragraph applies where it is decided at misconduct proceedings that the officers conduct amounts to misconduct and the decision is based on the officers conduct arising from more than one incident and those incidents are not closely factually connected. in paragraph (1), for sub-paragraph (c), there were substituted. 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. The infringement notice or written traffic warning will then be sent directly to the postal address you confirmed with the Officer at the roadside. having considered temporary redeployment to alternative duties or an alternative location as an alternative to suspension, the appropriate authority has determined that such redeployment is not appropriate in all the circumstances of the case, and, it appears to the appropriate authority that either, the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. (3)Having considered any representations received under regulations 33(8)(f), 36(3) and 36(5), the person conducting or chairing the misconduct proceedings may.
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