a person selected in accordance with regulation 28(4)(c). the appropriate authority may, if it considers it appropriate in a particular case, delegate functions in relation to the administration of the hearing (but not in relation to representing it at the hearing) to the chief officer of police of another police force. the Director General may be represented by a relevant lawyer; the Director General must notify the complainant or any interested person prior to the hearing, and. the interview must be postponed to the date or time proposed by the officer. regulation 1 in so far as it applies to the 2012 Regulations; regulation 2(1) and (3) (transitional provision); Part 2 (amendment of the 2012 Regulations); Schedule 1 (modifications to the 2012 Regulations). At the top of the warning, it will usually say the word warning rather than citation, complaint, ticket, or violation. (b)a copy of any such document, where it has not already been supplied. (d)revised terms of reference under paragraph (5). If you get more than a few warnings in one jurisdiction, you will stop getting warnings. the appropriate authority must, subject to regulation 49(3) and paragraph (10) and unless the appropriate authority must refer the case to misconduct proceedings in accordance with paragraph (9), make a further determination as to the matters set out in paragraph (1)(a) to (c) or, as the case may be, paragraph (2)(a) to (d). (2)Where the officer concerned is a senior officer and the case is referred to misconduct proceedings, those misconduct proceedings must be conducted by a panel of three persons appointed in accordance with paragraphs (4) and (5). 1996 c. 18. reduction in rank, where paragraph (5) or (6) applies; dismissal without notice, where paragraph (5) or (6) applies; where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15), 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. (5)The appropriate authority or, as the case may be, the originating authority, must send a copy of any report under this regulation to, (a)the Director General, in any case where the Director General, (ii)was entitled to attend to make representations under regulation 38(1), and. (iii)respond on behalf of the officer to any view expressed at the proceedings; (8)Where (at a misconduct hearing) the person representing the officer concerned is a relevant lawyer, the police friend of the officer may also confer with the officer. (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. 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. the officer proposes an alternative date or time which satisfies paragraph (6). (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. Welcome to the Lincolnshire Police website. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act. These Regulations are to be read as if Part 6 were omitted. 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. (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. (5)The appropriate authority must as soon as practicable give the officer concerned written notice of. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (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. (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. (b)following consultation with the Director General, in all other cases. The purpose of written warnings is to make record of the actual warning issued by an officer to possibly be used against you later. (a)impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; (b)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. 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. unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than that person; where the person who conducted the misconduct meeting was a police staff member, by, a member of a police force who, in the opinion of the appropriate authority is more senior than that person, or. (a)after paragraph (10), there were inserted. (5)The person conducting or chairing the misconduct proceedings may, at the persons discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer. (5)Where no date and time is agreed under paragraph (4), the person conducting or chairing the misconduct meeting must specify a date and time for that meeting. (ii)in sub-paragraph (c), the words from the beginning to 28(4), were omitted; (c)in paragraphs (4) and (7), conducting or were omitted. paragraph (4) 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 has been given the notice referred to in paragraph (7); paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the appropriate authority to give written notice of the effects of paragraphs (8) and (9). Section 87(5) of the 1996 Act provides that for the purposes of section 87 disciplinary proceedings in relation to a member (or former member) of a police force or a special constable (or former special constable) means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations. (b)a written report on the investigation to that point. A warning ticket means that you did something illegal (e.g. notify the officer concerned and the person conducting or chairing the accelerated misconduct hearing of the date, time and place of that hearing, and. whether disciplinary action for gross misconduct was imposed. The officer would like you to admit to speeding and if you do the $150 to $200, ticket will soon follow. (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. Regulation 22 is to be read as if conducting or were omitted. the appropriate authority may make a determination, or in the case of an accelerated misconduct hearing must make a further determination, as to whether the special conditions are satisfied. 34.(1)Subject to paragraphs (2), (6) and (8), the misconduct meeting must take place before the end of 20 working days beginning with the first working day after. (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). (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. Section 9 of the 2002 Act established a body corporate known as the Independent Police Complaints Commission (IPCC). (9)When a date and time for the misconduct meeting has been agreed under this regulation, the person conducting or chairing the misconduct meeting must inform the appropriate authority of the date, time and place of the misconduct meeting. a period of 2 years beginning with the day on which it was notified to the officer concerned, in the case of a final written warning. Part 4 makes provision about misconduct proceedings. (7)Any such objection must be made in writing to the appropriate authority before the end of 3 working days beginning with the first working day after the officer concerned is given notice of the persons name and must set out the grounds of objection of the officer. Section 43A was inserted by section 1 of the Public Interest Disclosure Act 1998 (c. 23). in deciding whether or not to suspend the officer concerned under this regulation, and. (c)the effect of paragraphs (6) to (9) of this regulation. Part 1 Knowing What to Do When You're Pulled Over Download Article 1 Turn on your signal. (d)accompany the officer to any interview, meeting or hearing which forms part of any proceedings under these Regulations. A written warning ticket is a document issued by law enforcement officers to let you know that they noticed an infraction on the road (speeding, parking, etc.). after regulation 18(1) there were inserted , 20A(2); after regulation 20 there were inserted or 21A(2); after Regulations, there were inserted (as modified by regulation 42 of and Schedule 2 to those Regulations). Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (5)Where more than one allegation is considered in the same misconduct proceedings in accordance with regulation 4(9), this regulation applies to the whole of the proceedings and accordingly the Director General may make representations in respect of any allegation. if the appropriate authority determines the officer has no case to answer, whether there may 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. (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. made at the accelerated misconduct hearing. (10)Where the appropriate authority determines under paragraph (1), (2) or (3) to refer the case to misconduct proceedings. (2)In regulations 2(1) (interpretation), in the definition of Standards of Professional Behaviour, and 10(1)(a) (publication of information in barred list), for 2012 substitute 2020. (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. (8)In the case of a joint misconduct meeting, where a date and time is specified under paragraph (5) and one or more of the officers concerned or their police friend will not be available at that time, the person conducting or chairing the misconduct meeting must, (a)consult each of the officers concerned as regards the timing of the misconduct meeting, and. For more information see the EUR-Lex public statement on re-use. (ii)if the officer concerned is subject to such a finding, the officer will be included in the police barred list; (d)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; (e)set out the persons rights under paragraph (3); (f)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).
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