(2)Subject to paragraph (6), where under regulation 23 the appropriate authority refers two or more cases arising from the same matter or incident, which relate to more than one police officer, to a misconduct meeting, the cases may be referred to a joint misconduct meeting. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. Regulation 33 was amended by S.I. (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. a member of a police force of the rank of sergeant or above; a senior human resources professional, or. The unnamed Norfolk Police officer was filmed kicking the girl, 15, in September He escaped being sacked but has been given a final written warning by the force Film shows another officer. (6)Where the appropriate authority is to proceed in accordance with Part 4, regulation 23(1) must be read as if the words Subject to regulation 49, on receipt of the investigators report under regulation 21(1), were omitted. the officer complies with regulation 31(2) and (3); 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. 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. (2)Where the Director General so attends the misconduct proceedings. a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839(9); allegation means an allegation relating to a complaint, conduct matter or practice requiring improvement; appeal meeting means a meeting held in accordance with regulation 46; appropriate authority means, subject to regulation 26(3). (3)The reflective practice review process consists of a fact-finding stage and a discussion stage, followed by the production of a reflective review development report. 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. RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . (5)Where the appropriate authority determines, (a)that the special conditions are not satisfied, or. (a)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; (i)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. (9)If the appropriate authority upholds the objection, the person to whom the officer concerned objects must be replaced (in accordance with regulation 8(6) and (7) or paragraph (4) as appropriate). (4)Where the appropriate authority delegates its functions under regulation 11 or 49, the following decisions must be authorised by a senior officer. before the end of 7 working days beginning with the first working day after the report is given to the officer under regulation 43 (unless this period is extended by the appropriate authority for exceptional circumstances), and. They do not discriminate unlawfully or unfairly. (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. (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. (6)Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the chair for provision of such representations. 9. (2)Where the appropriate authority assesses that the conduct, if proved, would amount to neither misconduct nor gross misconduct, it must assess whether. (b)in the case of joint misconduct proceedings, copied to each other officer concerned. (9)Where a written warning or final written warning is given, that warning remains in force for, (a)a period of 18 months beginning with the day on which it was notified to the officer concerned, in the case of a written warning, or. (a)in relation to the attendance at the proceedings of a person under regulation 40 or this regulation, exclude any person as they see fit from the whole or a part of those proceedings; (b)impose such conditions as they see fit relating to the attendance under regulation 40 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings, and. (b)at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). (iii)respond on behalf of the authority to any view expressed at the proceedings; (iv)make representations concerning any aspect of proceedings under these Regulations, and, (v)subject to paragraph (10), ask questions of any witnesses, and, (7)The person representing the officer concerned may, (a)address the proceedings in order to do all or any of the following. having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; 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; where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(. conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. (3)The person appointed by the appropriate authority under paragraph (1)(a). (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. (c)where the officer is a member of a police force, a person nominated by the officers staff association. an invitation to provide an account of the matter that has been referred for review. in paragraph (ii), misconduct or and , as the case may be were omitted; in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; after paragraph (vii), and were omitted; after paragraph (viii), there were inserted, the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances. 24. (b)in submitting any information or by not submitting any information at all under regulation 18(1) or 31(2) or (3) (or, where paragraph (13) applies, regulation 54) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations. (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. (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. (a)after paragraph (10), there were inserted. the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, the appropriate authority in all other cases, and. (8)At the misconduct pre-hearing the chair must. (4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (ii)where paragraph (2) applies, regulation 31(2) and (3); (d)where the officer concerned does not accept that the officers conduct amounts to gross misconduct, any other documents that, in the opinion of the appropriate authority, should be considered at the hearing. (7)As soon as reasonably practicable after any such appointment, the chair must give a written notice to the officer concerned of the name of the new panel member and of the effect of paragraphs (8) and (9) of this regulation. If the ticket is reported to DPS, the revenue from the ticket is split, the municipality writing it keeping the smaller fraction. Certain crimes require an officer to take action domestic violence, for instance. address the proceedings in order to do any or all of the following. (5)No witness may give evidence at misconduct proceedings unless the person conducting or chairing the proceedings reasonably believes that it is necessary for the witness to do so in the interests of justice, in which case the person conducting or chairing the proceedings must, (a)where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (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. (10)As soon as reasonably practicable after any such appointment, the appropriate authority must give a written notice to the officer concerned of the name of the new person appointed to determine the appeal or the advisor to the person determining the appeal, as the case may be, and of the effect of paragraphs (11) and (12) of this regulation. (17)For the purposes of this regulation parties means the appropriate authority or, as the case may be, the originating authority, the officer concerned, the officers representatives and, where the Director General is presenting the case, the Director General. (2)Subject to regulation 25(4) to (8), where functions have been delegated to the same chief officer of police, in respect of more than one case which relates to the same matter or incident, the cases may be dealt with at a joint misconduct hearing. (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). (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. Whether or not the officer cites the driver for the violation is completely within that officer's discretion. 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. (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. (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. Section 29(2) was amended by paragraph 6 of Schedule 4 to the Policing and Crime Act 2017. stating the grounds of appeal and whether a meeting is requested. Following completion of the discussion stage, the reviewer must produce a reflective review development report, in accordance with regulation 70. (16)The person chairing a misconduct hearing must provide any information to the appropriate authority or, as the case may be, the originating 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(52)in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (3)No person may be appointed to investigate a matter under this regulation. any of the Regulations and provisions in regulation 3(1), or, determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(, makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(, it relates to a person who ceased to be a police officer before 15th December 2017(. The persons conducting a misconduct hearing may, subject to the provisions of this regulation, where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). (10)The person conducting or chairing the misconduct proceedings must determine whether any question should be put to a witness. the notice given to the officer concerned under regulation 51(1); the other documents given to the officer under regulation 51(1); where paragraph (2) applies, regulation 31(2) and (3); where the officer concerned does not accept that the officers conduct amounts to gross misconduct, any other documents that, in the opinion of the appropriate authority, should be considered at the hearing. (b)orally, in which case the appropriate authority must confirm the suspension in writing with a summary of the reasons before the end of 3 working days beginning with the first working day after the suspension. In Minnesota, a conviction for speeding 74 in a 65mph speed limit would bo on the court's record and the Driver's License Record. (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. (4)The person chairing a misconduct hearing must provide any information to the appropriate authority or, as the case may be, the originating 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(63) in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).. Calling emergency 111 Call triple one when you need an emergency response from Police, Fire or Ambulance. (11)The references to a period in paragraph (9)(a) and (b), including any such period as extended, if relevant, in accordance with paragraph (10), does not include any time when the officer is taking a career break (under regulation 33(12) of the Police Regulations (leave) and the determination of the Secretary of State made under that regulation)(1). in paragraph (3), for the officer may be dismissed or, there were substituted disciplinary action for gross misconduct may be imposed in relation to the officer or the officer may; in paragraph (4), or an appeal meeting were omitted; in the opening words, or an appeal meeting were omitted; in sub-paragraph (b) only, and the words before it were omitted; in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; after paragraph (1), there were inserted. might prejudice the investigation or any other investigation (including, in particular, a criminal investigation). (14)This paragraph applies where the case was certified as one where the special conditions are satisfied following a determination made under regulation 49(3), being a case where misconduct proceedings have been delayed by virtue of regulation 10(3). (ii)if the case was decided at a misconduct hearing, of the right of appeal to a police appeals tribunal(53); (b)where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. To find more information on how to pay your infringement see pay your infringement. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); any statement the officer may have made to the investigator during the course of the investigation, and, 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, describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. member of a police force of at least the rank of inspector, 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. Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice. Traffic guys like DUI's, tickets and do accident investigations. (6)No witnesses other than the officer concerned may give evidence at the accelerated misconduct hearing and the person conducting or chairing the accelerated misconduct hearing must determine whether and by whom the officer concerned can be questioned. Part 3 deals with investigations. one of the conditions set out in paragraph (3) is satisfied. returned my license to . ), or. (3)The appropriate authority must consult the line manager of the officer concerned before making an assessment in terms of paragraph (2)(a) or (b). This one had no mercy and gave me my first ticket. if the officer concerned is subject to such a finding, the officer will be included in the police barred list; subject to the harm test, set out 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; set out the persons rights under paragraph (3); in the case of the officer concerned, state that the officer has the right to seek advice from the officers staff association or any other body and the effect of regulation 7(1) and (2). (i)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; (ii)necessary in the interests of national security; (iii)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (iv)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; (v)necessary and proportionate for the protection of the welfare and safety of any informant or witness; (vi)otherwise in the public interest, and. (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). Welcome. (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. complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. 11.(1)The appropriate authority may, subject to the provisions of this regulation, suspend the officer concerned from the office of constable and (in the case of a member of a police force) from membership of the force(37). They do not affect your insurance premium. Any period of time specified in this Part in relation to misconduct proceedings may be reduced by agreement between the appropriate authority or, as the case may be, the originating authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the misconduct proceedings. Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017. the relevant lawyer representing the appropriate authority or, as the case may be, the originating authority, and. S.I. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23). 2006/3449 and 2011/3026. (i)there is a case to answer in respect of gross misconduct or there is no case to answer; (ii)where the investigators opinion is that there is no such case to answer, there may nevertheless have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.; (i)for would amount to neither misconduct nor, there were substituted would not amount to; (ii)in sub-paragraph (a), for it; there were substituted it, and; (iii)sub-paragraph (c), and and before it were omitted; (c)in paragraphs (6) and (7), misconduct or were omitted. (10)Where the chair considers that it would be in the interests of justice to do so, the chair may extend. This section has no associated Explanatory Memorandum. following consultation with the Director General, in all other cases. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. Tweet. (6)At any time before the start of misconduct proceedings, the appropriate authority may revise its severity assessment under this regulation if it considers it appropriate to do so. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. where the investigation has been completed, on request and subject to the harm test, a copy of the investigators report or such parts of that report as relate to the officer. Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (13) applies. the Director General is of the view that in the particular circumstances of the case there is a compelling public interest for the Director General to present the case. (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. 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. a chair selected in accordance with regulation 28(4)(a); HMCIC or an inspector of constabulary nominated by HMCIC, and. Nev Kemp, deputy chief constable of. means a document relating to any matter under investigation, and. the documents that may be provided under paragraph (1)(c)(ii); comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. 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. (b)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. These Regulations are to be read as if regulation 11 were omitted. 111 is the emergency number for Police, Fire and Ambulance. (3)The officer concerned must provide the appropriate authority with a copy of any document they intend to rely on at the misconduct proceedings. 67.(1)Where a matter is referred to the reflective practice review process, the reviewer must as soon as practicable provide the following to the participating officer, (a)details of the matter that has been referred and the circumstances that are being considered, and. (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. (b)where the person or persons find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. Part 2 contains general provisions including a statement of the harm test. However, the police officer is within their right to write you a ticket for the expired tags as well. (ii)if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; (iii)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. (2)The participating officer must provide any account under paragraph (1)(b) within 5 working days beginning with the first working day after the day on which the invitation to do so is received, unless a longer period is agreed with the reviewer. 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; 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; 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; the effect of paragraphs (3) to (6) of this regulation; the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; 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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