66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. 59.(1)Subject to paragraph (2), an accelerated misconduct hearing must be in public. a copy of any such document, where it has not already been supplied. (b)the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. 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. 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. (6)Subject to paragraph (8), where a date and time is specified under paragraph (5) and. But that's entirely at the officer's discretion, and they can change their mind at any time and for any reason. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). Any period of time specified in this Part in relation to an accelerated misconduct hearing may be reduced by agreement between the appropriate authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the accelerated misconduct hearing. A person given a notification under paragraph (1) may, within the period of 21 days beginning with the day on which the notice is given or such longer period as the Director General may agree with that person, provide a written statement and any document which the person wishes the Director General to take into account for the purposes of the Condition C special determination. Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 71. If the violation is very minor and your tags are only recently expired, you may get away just with a verbal warning. 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). (d)accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. See regulation 2(1) for definition of misconduct in these Regulations. (c)the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. Florida drivers who receive a warning instead of a traffic ticket from a law enforcement officer after committing a violation are often relieved. (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. before the end of 3 working days beginning with the first working day after the officer is given notice of the persons name and must set out the grounds of objection of the officer. (ii)having regard to the nature of the allegation and any other relevant considerations, the public interest requires that the officer should be so suspended. 105 is the number for Police non-emergencies. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. (17)At an accelerated misconduct hearing conducted by a panel, any decision must be based on a majority but must not indicate whether it was taken unanimously or by a majority. Where the investigator is satisfied that, having regard to the circumstances of the officer concerned, it would be unreasonable to require the officer to attend an interview, the investigator may cause the officer concerned to be given a written notice of enquiry. (17)At misconduct proceedings conducted by a panel, any decision must be based on a majority but must not indicate whether it was taken unanimously or by a majority. (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. (a)in relation to the attendance at the hearing of a person under this regulation, exclude any person as they see fit from the whole or a part of it; (b)impose such conditions as they see fit relating to the attendance under this regulation of any person at the hearing in order to facilitate the proper conduct of it, and. (bb)would be entitled to attend the misconduct hearing under regulation 38(1). Use professional pre-built templates to fill in and sign documents online faster. (a)the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); (b)any statement the officer may have made to the investigator during the course of the investigation, and, (i)the investigators report or such parts of that report as relate to the officer (together with any document attached to or referred to in that report as relates to the officer), and, (2)The notice given under paragraph (1) must, (a)describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. (a)the conduct, if proved, would amount to practice requiring improvement; (b)the matter should be referred to be dealt with under the Performance Regulations, or. (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. 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. 61.(1)The person conducting or chairing the accelerated misconduct hearing must determine the procedure at the hearing and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. (b)the investigation of a complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable)(49) applied. (c)the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate. Police officers are diligent in the exercise of their duties and responsibilities. (3)A suspension under this regulation must be with pay. (b)HMCIC or an inspector of constabulary nominated by HMCIC,. 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. 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 any written notice or document is to be given or supplied to the officer concerned under these Regulations, it must be. Section 21 was amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), section 15 of the Policing and Crime Act 2017 and paragraphs 1 and 4 of Schedule 4 to, paragraph 47(d) of Schedule 5 to, and paragraphs 15 and 27 of Schedule 9 to that Act. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (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. subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (b) of that paragraph, give the officer concerned the written terms of reference of the investigation, or. determine the date, time and duration of the misconduct hearing, following consultation with the parties; consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; consider any documents supplied under regulation 32(6); consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, seek representations from the parties as to whether to.
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