(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. Written warning: If an officer issues you a written warning after pulling you over, there is a chance it will end up on your driving record. 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. Warnings are not recorded on an individual's driving record, cannot be used to raise insurance rates, and don't result in a fine. (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. (c)the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. in the case of a chair appointed under regulation 28(4), give such directions as they think appropriate prohibiting the publication of any matter relating to the proceedings. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. 7. consult the Director General about the contents of the written notice to be given under paragraph (1) and on the application of the harm test under paragraph (1)(c); comply with any direction given by the Director General in relation to the matters specified in paragraph (a), and. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. S.I. Subject to the provisions of this regulation, the person or persons conducting the accelerated misconduct hearing may, where the person or persons find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or. 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. for sub-paragraph (c), there were substituted, if they worked, directly or indirectly, under the management of the officer concerned at the relevant time. (3)A notice of the right of appeal under paragraph (2) is a notice, (a)where the officer concerned is an officer other than a senior officer, (i)if the case was decided at a misconduct meeting, of the right of appeal under regulation 45, or. (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. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. the complainant and any interested person, in any case to which regulation 40 applies. (5)At the beginning of the accelerated misconduct hearing, the person conducting or chairing the accelerated misconduct hearing must give the officer the opportunity to say whether or not the officer accepts that the officers conduct amounts to gross misconduct. Verbal Warning Vs Written Warning By Police. the duty specified in paragraph (1) to supply any lists of witnesses or notice lies with the Director General and not with the appropriate authority or the originating authority; the duty specified in paragraph (6) to supply the specified documents to the person conducting or chairing the misconduct proceedings lies with the Director General and not with the appropriate authority or the originating authority; paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. (iii)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. (a)the finding of the person or persons conducting the accelerated misconduct hearing; (2)A report under this regulation must include notice of the right of appeal to a police appeals tribunal. 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. (2)The appropriate authority must appoint a person to investigate the matter. any other documents that, in the opinion of the appropriate authority or, as the case may be, the originating authority should be considered at the misconduct proceedings. These Regulations are to be read as if regulation 34 were omitted. (a)the notice given to the officer concerned under regulation 51(1); (b)the other documents given to the officer under regulation 51(1); (c)the documents provided by the officer under. (6)The Director General must give notification in writing of a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of the determination to the persons mentioned in paragraph (1).. 2014/3347, 2015/626, 2017/1134 and 2017/1250. For more information see the EUR-Lex public statement on re-use. where the case is referred to a misconduct meeting, that meeting must be conducted by a person appointed by the appropriate authority in accordance with paragraph (3) who is not an interested party; where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons appointed in accordance with paragraph (4). (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).. (2)An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations. 73.(1)The Police Barred List and Police Advisory List Regulations 2017(60) are amended as follows. If they write a ticket, it will almost immediately (up to a couple days) show up on your COURT records, as a citation an. (3)The person conducting or chairing the misconduct proceedings must. the complainant and any interested person, in any case to which regulation 60 applies. where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. 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. where the officer concerned is the chief officer or acting chief officer of any police force, the local policing body(10) for the forces area; in any other case, the chief officer of police of the police force concerned; complainant has the meaning given to it by section 29(2) of the 2002 Act (interpretation of Part 2)(11); complaint has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(12); conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred); conduct matter has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)(13); all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction to the Crown Court); Director General means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct)(14); disciplinary action means, in order of seriousness starting with the least serious action. where the 15 working day period referred to in regulation 31(1)(a) is extended in accordance with regulation 31(1)(b), the expiry of such extended period. (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or. 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; that if the officer is subject to such a finding, information including the officers full name and a description of the conduct which would have led to the officers dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years; after sub-paragraph (g), and were omitted and there were inserted, that it may harm the officers case if the officer fails to attend an interview of which the officer has been given notice under regulation 20(6) (interviews during investigation), and. So, you might be given a warning for driving slightly over the speed limit, or driving with a faulty tail light. after sub-paragraph (d), and were omitted; in sub-paragraph (e), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; after sub-paragraph (e), there were inserted. (9)Where the person representing the officer concerned is a relevant lawyer, the police friend of the officer may also confer with the officer in the circumstances mentioned in paragraph (8)(b). (i)the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, (ii)the appropriate authority in all other cases, 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. (8)The appeal meeting must not be held until the person determining the appeal has received a copy of the documents under regulation 45(13). (10)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the accelerated misconduct hearing. (15)Within the period of 5 working days beginning with the date of the misconduct pre-hearing, the chair must serve on the parties a summary of the key matters discussed and a record of any directions issued. (c)a person appointed by the local policing body, selected on a fair and transparent basis from a list of candidates maintained by the local policing body for the purpose of these Regulations. 52.(1)The appropriate authority must specify a date for the accelerated misconduct hearing which must be not less than 10 and not more than 15 working days after the date on which notice is given under regulation 51(1) and must as soon as practicable, (a)notify the officer concerned and the person conducting or chairing the accelerated misconduct hearing of the date, time and place of that hearing, and. (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body; (b)the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months, and. (2)Subject to paragraph (4), where a date and time is specified under paragraph (1) and, (a)the officer concerned or their police friend will not be available, and. (2)Wherethe Director General has made a decision under regulation 24(1) to present a case or is entitled to attend the accelerated misconduct hearing to make representations under regulation 58(1), the appropriate authority must notify the Director General of the date, time and place of the hearing. (7)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 a written warning in force, a written warning must not be given. (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. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. whether the officer concerned has a case to answer in respect of misconduct or gross misconduct or whether the officer has no case to answer; if there is a case to answer, whether or not misconduct proceedings should be brought against the officer, and. At the top of the warning, it will usually say the word warning rather than citation, complaint, ticket, or violation. Regulation 44 is to be read as if, for paragraph (1), there were substituted. Where an investigation is not completed within a period of 12 months, the appropriate authority must provide specified information to the local policing body. (c)a statement of the investigators opinion as to whether the matter should be referred to be dealt with under the Performance Regulations or the reflective practice review process. paragraph (4) applies and the case is referred to an accelerated misconduct hearing. 4.(1)Subject to paragraph (6), these Regulations apply where an allegation comes to the attention of an appropriate authority which indicates that the conduct of a police officer may amount to misconduct, gross misconduct or practice requiring improvement. 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). (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)the finding or disciplinary action imposed was unreasonable; (b)there is evidence that could not reasonably have been considered at the misconduct meeting which could have materially affected the finding or decision on disciplinary action, or. (2)This paragraph applies to a case where, (a)it is a case in respect of which the duty referred to in regulation 23(9)(a) arises, and. wherethe Director Generalwas entitled to attend the misconduct meeting to make representations under regulation 38(1), or to nominate a person to attend the meeting as an observer under regulation 40(6), the Director General; where the misconduct meeting arose from a complaint to which paragraph 19A of Schedule 3 to the2002 Act(special procedure where investigation relates to a police officer or special constable) applied, the complainant, and. There was another amendment of that section but it is not relevant. any other police officer at the relevant time, the chief officer of police of the police force concerned; in the definition of gross misconduct, for as to justify dismissal there were substituted that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; , other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), were omitted; for so serious as to justify disciplinary action there were substituted not so serious that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; in the definition of misconduct hearing, after disciplinary action, there were inserted for gross misconduct; for the definition of misconduct proceedings, there were substituted, for the definition of police force concerned, there were substituted. 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. (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. (5)The appropriate authority or, as the case may be, the local policing body must notify the officer concerned in writing whether it upholds or rejects an objection to a person appointed to conduct or, as the case may be, chair the misconduct proceedings or to any person appointed under regulation 8(6) to advise the person conducting or chairing the misconduct proceedings. (2)Except as set out in paragraph (8), these Regulations also apply, with the modifications set out in Schedule 1, where, (a)an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (P) may amount to gross misconduct(33), and. 32.(1)The appropriate authority or, as the case may be, the originating authority must supply to the person conducting or chairing the misconduct proceedings any lists of proposed witnesses supplied or notice given under regulation 31(4). (a)having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; (b)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; (c)where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(45) or these Regulations less than 2 years prior to the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations, those proceedings must be a misconduct hearing, and. 29.(1)The chair of the panel appointed under regulation 28 must take appropriate action to ensure the efficient and effective bringing of the proceedings and that they are conducted in a timely, fair and transparent manner. 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. the interview must be postponed to the date or time proposed by the officer. (ii)gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). (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. (c)whether disciplinary action for gross misconduct was imposed.. (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. 69.(1)The reviewer must, following completion of the fact-finding stage, invite the participating officer to attend a reflective practice review discussion. the Director Generals relevant lawyer, where the Director General is presenting the case or would be entitled to attend the misconduct hearing under regulation 38(1). (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. DPS Warning Tickets | TexAgs 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. S.I. (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. Amendments are cited elsewhere in these Regulations, where relevant. Paragraph 29 of Schedule 3 to the 2002 Act provides that, for the purposes of Part 3 of that Schedule, the Standards of Professional Behaviour are the standards described in and established by regulations made by the Secretary of State. (12)Any such application must set out the reasons for the application. Why did I get points for a warning ticket? | Truck Insurance Quotes (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. if the officer 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. (b)the officer proposes an alternative date or time which satisfies paragraph (6). 30.(1)Where a case is referred to misconduct proceedings, the appropriate authority must as soon as practicable give the officer concerned. (12)Where evidence is given or considered at the misconduct proceedings that the officer concerned, (a)on being questioned by an investigator at any time after the officer was given written notice under regulation 17(1) of these Regulations or regulation 17(1) of the Complaints and Misconduct Regulations, or. 51.(1)Where a case is certified, whether under regulation 49 or under the provisions mentioned in regulation 49(7), as one where the special conditions are satisfied and referred to an accelerated misconduct hearing, the appropriate authority must as soon as practicable give the officer concerned written notice of these matters and must supply the officer with a copy of.
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