(4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. (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). Section 29(2) was amended by paragraph 6 of Schedule 4 to the Policing and Crime Act 2017. Paragraph 6(2A) to (2E) of Schedule 3 to the 2002 Act was inserted by paragraphs 5 and 6(1) and (3) of Schedule 5 to the Policing and Crime Act 2017. (9)The appropriate authority or, as the case may be, the originating authority may apply to the person conducting or chairing the misconduct proceedings for an extension of. Later that day, in the evening, I was driving and another cop pulled me over for speeding. Do Police Officers keep track of the warnings they give you? (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). the complainant and any interested person, in any case to which regulation 40 applies. (3)Where the person conducting or chairing the misconduct meeting decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, they must provide written notification of the reasons for that decision to the authority and the officer. paragraph (7) 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 is given the notice referred to in paragraph (10); paragraphs (8) to (10) apply, with the exception of the requirement in paragraph (10) for the appropriate authority to give written notice of the effects of paragraphs (11) and (12). (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. (c)provide the Director General with a copy of the written notices given under paragraphs (1) and (2). determine the date and time of the misconduct meeting, which must fall within the period specified in paragraph (7)(b). The Standards of Professional Behaviour established are the standards of professional behaviour described in Schedule 2. These Regulations are to be read as if after regulation 20 there were inserted. When asked if I knew why I was stopped, I admitted to speeding. 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. (i)the following definitions were inserted in the appropriate places. (2)Where the Director General so attends the accelerated misconduct hearing. (8)Prior to publication of a report under paragraph (5) the appropriate authority may, subject to paragraph (11), redact the document. paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, or, paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied andthe Director General. (d)where the misconduct meeting arose from the investigation of a conduct matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc. (2)Where the question of disciplinary action for gross misconduct is being considered, the person or persons considering it, (iii)the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5); and, an opportunity to make oral or written representations, and. 16.(1)The purpose of the investigation is to, (a)gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. (g)any other matters that the Director General considers relevant. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (a)whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 39(3)(a); (b)whether the chair should impose any conditions under regulation 39(3)(b); (c)whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 39(3)(c); (d)in the light of the representations made under sub-paragraphs (a) to (c). These Regulations are to be read as if for regulation 42 there were substituted, 42.(1)The persons conducting a misconduct hearing may, subject to the provisions of this regulation, (a)where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. 24. (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. 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. (18)Where the Director General has made a decision under regulation 24(1) to present a case, paragraph (6) must be read as if for The person representing the appropriate authority or, as the case may be, the originating authority there were substituted The Director General. (9)Prior to publication of a report under paragraph (6) the appropriate authority or, as the case may be, the originating authority may, subject to paragraph (12), redact the document, (a)in so far as the authority considers redaction is. (c)a person selected in accordance with regulation 28(4)(c). (12)Where a period is extended, paragraph (2) or, as the case may be, paragraph (6), has effect as if for the period specified in those provisions there were substituted the extended period. The Code of Ethics (A Code of Practice for the Principles and Standards of Professional Behaviour for the Policing Profession of England and Wales), July 2014. 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. (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. Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court (x)the fact that, if the allegation of gross misconduct is proved, the officer 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;; (ii)in sub-paragraph (c), after paragraph (i), and were omitted and there were inserted. The decision contained in a written warning could be immediate dismissal, unfair deadline even suspension without pay during the period and other severe punishment. 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. no one else sees it. 23.(1)Subject to regulation 49, on receipt of the investigators report under regulation 21(1), the appropriate authority must, as soon as practicable, determine. A warning ticket in new jersey,for failure to maintain lane, (the tropper was on my bumper for over a mile ,it was late at night,is it kept on file? (2)Where a notice is given under paragraph (1), the investigator must, (a)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. impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; where they find the conduct amounts to neither gross misconduct nor misconduct, direct that the matter is referred to be dealt with under the reflective practice review process. (4)Where a date and time is specified under paragraph (3) and, (a)the officer concerned or the officers police friend will not be available, and. (c)there was a serious breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action. 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; necessary in the interests of national security; necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; 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; justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. (i)take no further action against the officer concerned; (ii)refer the matter to the reflective practice review process, or, (iii)refer the matter to be dealt with under the Performance Regulations, and, (b)the appropriate authority must as soon as practicable give the officer concerned, (i)written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and.
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