(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. Paragraph 23(5A) to (5F) was inserted by paragraphs 9 and 26(1) and (2) of Schedule 5 to the Policing and Crime Act 2017. (l)any other matters that the Director General considers relevant. (4)A case to which paragraph 16, 18 or 19 of Schedule 3 to the2002 Act(investigations) applied may only be withdrawn, (a)on the direction of the Director General, following consultation with the appropriate authority, in a case where the Director General, (i)made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or, (ii)gave a direction under paragraph 23(5A)(e) or paragraph 27(4)(a) of that Schedule to bring disciplinary proceedings, or. S.I. (ISP 553), the Receipt for -0 Ticket Book s, form ISP 5-042, will be completed and signed by the receiving officer or Truck Weight Inspector (T.W.I.) (5)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (d) of that paragraph, where the written terms of reference are given under paragraph (2) and those terms are revised by the investigator, the investigator must as soon as practicable give the officer concerned the revised terms of reference. (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. the appropriate authority must assess whether, if the matter were to be referred to misconduct proceedings under regulation 23, those would be likely to be a misconduct meeting or a misconduct hearing. 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. (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. (4)The person determining the appeal must specify a date and time for the appeal meeting. (6)The person representing the appropriate authority or, as the case may be, the originating authority may, (a)address the proceedings in order to do any or all of the following. 60.(1)This regulation applies in the case of an accelerated misconduct hearing arising from the investigation of a, (a)conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. (9)Where, following a review under paragraph (8), the suspension conditions remain satisfied and the appropriate authority decides the suspension should continue, it must, before the end of 3 working days beginning with the day after the review, so notify the officer concerned in writing with a summary of the reasons. (4)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.. A final warning has been given to a senior police officer who failed to disclose a workplace relationship that "could cause of a conflict of interest". (7)Where the appropriate authority decides under this regulation to take no further action or to refer the matter to be dealt with under the reflective practice review process or the Performance Regulations, it must so notify the officer concerned in writing as soon as practicable. a police officer or police staff member of the police force concerned, or. A written warning by contrast looks like a traffic ticket. (9)The person conducting or chairing the accelerated misconduct hearing may dispense with the requirement under paragraph (5) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (8)(a) or (b). might prejudice the investigation or any other investigation (including, in particular, a criminal investigation). following consultation with the Director General, in all other cases. Mostly, these are not filed with courts; rather, it's just for your understanding and awareness of what happened. (b)may consider such documentary evidence as would, in their opinion, assist them in determining the question; (ii)if the officer is legally represented, the officers relevant lawyer or, where the officer is not legally represented, the officers police friend; (iii)the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and. You get it fixed and then you take your car and the warning and you go to the police station within 10 days. (4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. (2)The unavailability of one or more preferred lawyers is not a valid ground for delaying a misconduct hearing or an accelerated misconduct hearing where an alternative relevant lawyer can be found. (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. (11)On receipt of such an application the person conducting or chairing the misconduct proceedings must determine whether the period should be extended and if so by how long. (11)In a case to which paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, the appropriate authority must consult withthe Director General, (a)in deciding whether or not to suspend the officer concerned under this regulation, and. Citations go into the legal system and can be pursued or defended in state court. in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (3)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. (9)Where the circumstances prescribed in paragraph (8) apply, the Director General may be represented by a relevant lawyer. has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. 47.(1)The person determining the appeal may. at disciplinary and other proceedings)(24); senior officer means a member of a police force holding a rank above that of chief superintendent; severity assessment has the meaning given to it in regulation 14; special conditions has the meaning given to it in regulation 49; in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales; in relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents Association, and. ANSWER: A written traffic ticket, with "Massachusetts Uniform Citation" at the top is the standard ticket issued by local and State Police. 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). 36.(1)The person chairing a misconduct hearing (the chair) may require the appropriate authority or, as the case may be, the originating authority, to give notice of the hearing which contains information relating to one or more of, (d)the place at which the hearing will take place, and. 2012/2632, amended by S.I. 7. (6)The report and review notes must be discussed as part of the participating officers performance and development review during the 12 month period following agreement of the report. a statement of the investigators belief and the grounds for it; a written report on the investigation to that point, and. (5)The appropriate authority may exercise the power to suspend the officer concerned under this regulation at any time beginning with the day on which these Regulations first apply in respect of the officer in accordance with regulation 4 and ending with the date on which, (a)it is decided that the conduct of the officer should not be referred to misconduct proceedings or an accelerated misconduct hearing, or, (6)The appropriate authority may suspend the officer concerned with effect from the date and time of notification which must be given either, (a)in writing with a summary of the reasons, or. (11)Information that has already been published during the course of the proceedings may not be redacted under paragraph (8). 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. ), or, the investigation of a complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable)(, paragraph 18 or 19 of Schedule 3 to the 2002 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 and in relation to which the Director General. 5. 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. (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the accelerated misconduct hearing and of their right to make representations under regulation 53(3). No changes have been applied to the text. the officer concerned must comply with paragraphs (2) and (3). (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. (c)provide the Director General with a copy of the written notice given under paragraph (1). 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. specify a date and time for a misconduct pre-hearing, which must be within a period of 15 working days, or such extended period as the chair may specify under paragraph (10)(a), beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), and, give written notice of the date, time and place of the misconduct pre-hearing to. . (3)Where the police friend is a police officer or a police staff member, the chief officer of police of the force of which the police friend is a member must permit the police friend to use a reasonable amount of duty time for the purposes referred to in paragraph (2). conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. (b)where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. (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. (2)Having considered any representations received under regulation 53(3) and (5), the person conducting or chairing the accelerated misconduct hearing may. I told the police officer that I was lost.blah blah blah. (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. (2)The appropriate authority must appoint a person to investigate the matter. 1965/536 to which there are amendments not relevant to these Regulations. When assessing the impact of the allegation on public confidence in the police for the purposes of paragraph (2)(b), the matters which the Director General must take into account are. Leave this site. (a)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)(62); (b)where it appears that the officer concerned should be so prevented, whether disciplinary proceedings are necessary for this purpose; (c)the length of time since the alleged gross misconduct occurred; (d)whether it appears that the officer concerned will be held to account in respect of the alleged gross misconduct through other means, such as criminal or other proceedings; (e)where it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct, whether it appears that a decision not to take disciplinary proceedings would adversely affect that person; (f)whether it appears that the officer concerned is unfit to be subject to or to participate in disciplinary proceedings by reason of disability or ill-health, and. Regulation 17 is to be read as if in paragraph (1), (b)for sub-paragraph (e), there were substituted. (a)advise the officer concerned throughout the proceedings under these Regulations; (b)represent the officer at the misconduct proceedings or accelerated misconduct hearing or appeal meeting, unless the officer has the right to be legally represented and chooses to be so represented; (c)make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and. (a)the period of 10 working days referred to in paragraph (2); (b)the period of 10 working days referred to in paragraph (6). (i)conducting or and or misconduct meeting were omitted; (ii)in sub-paragraph (a), person or were omitted; (iii)for sub-paragraphs (c) and (d), there were substituted. (c)provide the Director General with a copy of the written notices given under paragraphs (1) and (2). a designated police volunteer serving in that force. (b)stating the grounds of appeal and whether a meeting is requested. 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. Welcome. (15)The persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.; (i)in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. in paragraph (5), conducting or were omitted; in paragraph (6), for are senior officers there were substituted were senior officers at the relevant time. the first relevant period is the period of 12 months beginning with the day on which the allegation first came to the attention of the appropriate authority; each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period. it must, subject to regulation 10(3), refer the case to misconduct proceedings of the form specified. police officer and officer mean a person who has ceased to be a member of a police force or a special constable;; (ii)in the definition of proposed witness, conducting or were omitted; (iii)for the definition of staff association, there were substituted. (ii)any arguments on points of law they wish to be considered by the person or persons conducting the misconduct proceedings. 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. (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. (a)if it is a misconduct hearing the Director General may be represented by a relevant lawyer; (b)the Director General must notify the complainant or any interested person prior to those proceedings, and. (b)under regulation 23 a case is referred to a misconduct hearing. Section 88B was inserted by Schedule 8 to the Policing and Crime Act 2017. 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. in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (2)The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b).. No changes have been applied to the text. the misconduct pre-hearing must be postponed to the date or time proposed by the officer. 2006/3449 and 2011/3026. (9)Where the case is returned to the appropriate authority under paragraph (8)(b), the appropriate authority must proceed in accordance with Part 4, subject to regulation 23(1) being read as if the words Subject to regulation 49, on receipt of the investigators report under regulation 21(1), were omitted. 58.(1)Subject to paragraph (5), in any case where. (2)The investigator must as soon as practicable after being appointed draw up the terms of reference of the investigation. Section 39A was inserted by section 2 of the 2002 Act and was amended by paragraphs 1 and 30 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 and section 124 of the Anti-social Behaviour, Crime and Policing Act 2014. (3)The decision of the person determining the appeal takes effect by way of substitution for the decision of the person conducting or chairing the misconduct meeting and as from the date of the written notice of the outcome of that meeting.
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