(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. 57.(1)Subject to paragraph (2), the officer concerned must attend the accelerated misconduct hearing. (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. 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). Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (ii)for paragraph (2)(a) to (d), there were substituted paragraph (2)(a) to (c); (d)paragraphs (4), (6), (8) and (10) were omitted; (e)in paragraph (5), for the words from assess to the end, there were substituted take no disciplinary action for gross misconduct against the officer concerned.; (i)for completed the assessment under paragraph (5), there were substituted determined there is no case to answer or that no misconduct proceedings will be brought; (ii)in subparagraph (a), for the outcome of its assessment, there were substituted its determination; (i)in sub-paragraph (a), the words from of a form to the end were omitted; (ii)in sub-paragraph (b), of the form specified in the recommendation were omitted; (iii)in sub-paragraph (c), of a form specified in a recommendation were omitted; (iv)in the words after sub-paragraph (c), of the form specified were omitted. (a)the conduct that is the subject matter of the allegation and how that conduct is alleged to fall below the Standards of Professional Behaviour; (b)that there is to be an investigation into the matter and the identity of the investigator; (c)the result of the severity assessment conducted under regulation 14; (d)the result of any assessment under regulation 14(5)(b) as to whether any misconduct proceedings would likely be a misconduct meeting or a misconduct hearing; (e)that if the officer is dismissed at misconduct proceedings, information including the officers full name and a description of the conduct which led to dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years; (f)that the officer has the right to seek advice from the officers staff association or any other body and of the effect of regulation 7(1) and (2); (g)the effect of regulations 8(1) to (3) and 18, and. (3)If at any time during the investigation the investigator believes that the appropriate authority would, on consideration of the matter, be likely to determine that the special conditions are satisfied, the investigator must, whether or not the investigation is complete, submit to the appropriate authority, (a)a statement of the investigators belief and the grounds for it, and. (6)Before the end of 10 working days beginning with the first working day after the date on which the officer concerned has complied with regulation 31(2), the appropriate authority or, as the case may be, the originating authority must supply to the person conducting or chairing the misconduct proceedings a copy of. 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 (14) applies. a statement of the investigators belief and the grounds for it; a written report on the investigation to that point, and. the misconduct pre-hearing must be postponed to the date or time proposed by the officer. (b)the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. There are amendments to paragraph 29, but none are relevant. (5)Subject to any contrary decision by the person conducting or chairing a misconduct meeting, a witness other than a complainant, interested person or the officer concerned may only attend the misconduct meeting for the purpose of giving their evidence. See section 101(1) of the Police Act 1996 for the definition of local policing body. no one else sees it. (9)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the misconduct proceedings. 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)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; (b)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; (c)paragraph (6)(c) must be read as if or the Director General were inserted after the originating authority, and. 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). in paragraph (1), for is an officer other than a senior officer there were substituted was an officer other than a senior officer at the relevant time; in paragraph (3), for is a senior officer there were substituted was a senior officer at the relevant time. 49.(1)On receipt of a statement submitted by the investigator under regulation 21(3), the appropriate authority must determine whether the special conditions are satisfied. (b)where relevant, specify that the Director General has made a decision under regulation 24(1) to present the case. (3)Subject to paragraph (4), the person conducting or chairing the accelerated misconduct hearing may from time to time adjourn the hearing if it appears to the person to be necessary or expedient to do so. (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. You can receive a warning for violations witnessed by a cop or by a camera system. 20.(1)Where an investigator wishes to interview the officer concerned as part of the investigation, the investigator must, if reasonably practicable, agree a date and time for the interview with the officer. 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. Tickets and citations are documents that charge you with a violation of traffic law. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (b)in the case of joint misconduct proceedings, copied to each other officer concerned. (10)Where a final written warning is given under paragraph (3), the period in paragraph (9)(b) may be extended, by the persons considering the question of disciplinary action, to a maximum period of 5 years. fall before the end of 5 working days beginning with the first working day after the day specified by the person conducting or chairing the misconduct meeting. These Regulations may be cited as the Police (Conduct) Regulations 2020 and come into force on 1st February 2020. (a)the Police (Conduct) Regulations 2012(28) (the 2012 Regulations); (b)the Police (Conduct) (Amendment) Regulations 2014(29); (c)the Police (Conduct) (Amendment) Regulations 2015(30); (d)the following provisions of the Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017(31). Most commonly, a warning will be given by a law official to someone who has committed a low-level crime, and they are typically associated with driving offenses. (i)the chief officer of police of the police force concerned; (ii)a member of the same police force as the officer, or where the officer is a member of the metropolitan police force, serving in the same command as the officer, or. ), or. to comply with a direction to give effect to a recommendation to bring misconduct proceedings of a form specified in a recommendation made under paragraph 25(4C) of that Schedule. No changes have been applied to the text. However, within that year, the warning will increase . . 50.(1)Subject to paragraph (4), at any time after the case has been referred to an accelerated misconduct hearing but before the beginning of that hearing, the appropriate authority may direct that the case be dealt with under Part 4 if it considers that the special conditions are no longer satisfied. (7)The person representing the appropriate authority may, (a)address the hearing in order to do any or all of the following, (iii)respond on behalf of the authority to any view expressed at the accelerated misconduct hearing, and, (8)The person representing the officer concerned may, (iii)respond on behalf of the officer to any view expressed at the accelerated misconduct hearing, and. (6)The officer concerned may object to any person whom the officer is notified under this regulation is to. an employee of the Common Council of the City of London who is under the direction and control of a chief officer; practice requiring improvement means underperformance or conduct not amounting to misconduct or gross misconduct, which falls short of the expectations of the public and the police service as set out in the Code of Ethics issued by the College of Policing under section 39A of the Police Act 1996 (codes of practice for chief officers)(23); pre-commencement allegation means an allegation against a police officer which came to the attention of a local policing body or a chief officer of police before 1st February 2020; proposed witness means a witness whose attendance at the misconduct proceedings the officer concerned or the appropriate authority, as the case may be, wishes to request of the person conducting or chairing those proceedings; reflective practice review process means the process set out in Part 6; relevant lawyer has the meaning given to it by section 84(4) of the 1996 Act (representation etc. ILLINOIS STATE POLICE DIRECTIVE . answered on Feb 7, 2023. (4)Where the officer concerned is represented in accordance with paragraph (3), the police friend or relevant lawyer of the officer, or both, as the case may be, may participate using the video link or other means where such means are also used by the officer. (a)provide an accurate summary of the evidence; (b)attach or refer to any relevant documents; (c)indicate the investigators opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer, and. 39. Access essential accompanying documents and information for this legislation item from this tab. RESCINDS: ENF-038, 201 7-006, revised 03-16 -2017 . (5)Where the officer concerned is a senior officer, for paragraph (4)(b) there is substituted. (2)Where the chief officer of police of the police force concerned is an interested party or is unavailable, the accelerated misconduct hearing must be conducted by the chief officer of police of another police force or an assistant commissioner of the metropolitan police force. (4)In this regulation relevant document, (a)means a document relating to any matter under investigation, and. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). (3)The officer concerned may object to any person whom the officer is notified under the preceding provisions of this regulation is to conduct (other than as chair) the misconduct proceedings. (4)Any such objection must be made in writing to the chair 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. (4)This paragraph applies to a case where the appropriate authority submitted a memorandum to the Director General under regulation 26(5) of the Complaints and Misconduct Regulations (determination by the appropriate authority not to certify a case for accelerated procedure) and the Director General directed the appropriate authority to certify the case under regulation 26(8)(b) of those Regulations. Part 2 contains general provisions including a statement of the harm test. (8)Prior to publication of a report under paragraph (5) the appropriate authority may, subject to paragraph (11), redact the document. 17.(1)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (a) of that paragraph, the investigator must, as soon as reasonably practicable after being appointed, give the officer concerned a written notice stating. (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. 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). (8)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 final written warning in force, neither a written warning nor a final written warning may be given. Police officers see slightly out-of-date tags all the time. gather evidence to establish the facts and circumstances of the alleged misconduct or gross misconduct, and. (d)any other matters that the Director General considers relevant. 22. paragraphs (5) to (7) apply, with the exception of the requirement in paragraph (7) for the chair to give written notice of the effects of paragraphs (8) and (9). (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the accelerated misconduct hearing. (10)Where the question of disciplinary action is being considered, the person or persons considering it. (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. Police officers treat information with respect and access or disclose it only in the proper course of police duties. Charges can be civil or criminal dependent on the seriousness of the offense. (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. an appeal from misconduct proceedings or from an accelerated misconduct hearing under the Police Appeals Tribunals Rules 2020(15), but, for the purposes of the following provisions, disciplinary proceedings only includes misconduct proceedings mentioned in paragraph (a) and a hearing mentioned in paragraph (b) of this definition. (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. (7)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 conduct or, as the case may be, chair the misconduct proceedings or of the new adviser to the person conducting or chairing the misconduct proceedings, and of the effect of paragraphs (8) and (9) of this regulation. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. (d)if so, and subject to paragraph (10), what form the misconduct proceedings should take. (3)Where cases are referred to joint misconduct proceedings, a reference to the officer concerned in regulations 26 to 44, if the context so requires, means. (This note is not part of the Regulations). the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, as set out in the notice given in accordance with regulation 51(2). (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. (a)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; (b)if there is a case to answer, whether or not misconduct proceedings should be brought against the officer, and. Paragraph 24(6) was substituted by paragraphs 1, 3 and 14(1) and (6) of Schedule 23 to the Criminal Justice and Immigration Act 2008 and amended by paragraphs 1 and 14(1) and (3) of Schedule 14 to the Police Reform and Social Responsibility Act 2011 and paragraph 47(h)(xiii) of Schedule 5 to the Policing and Crime Act 2017. if (after the officer denied misconduct) the person conducting or chairing the misconduct meeting found that the officers conduct amounted to misconduct, against that finding or any disciplinary action imposed under regulation 42. the finding or disciplinary action imposed was unreasonable; 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. (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. The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 50(1), (2)(e) and (f), (2A), (3), (3A) to (3G), (4) and (7), 51(1), (2)(b), (2)(ba) and (c), (2A) to (2H), (3A) and (4), 84(1) to (6), 88A(2)(b) and 88G(1)(b) of the Police Act 1996(1), section 36(1(a) and (b) of, and paragraph 29 of Schedule 3 to, the Police Reform Act 2002(2) and section 29(7) of the Policing and Crime Act 2017(3). has sufficient knowledge of the investigation of the case to be able to assist the person conducting or chairing the misconduct proceedings. any other document which might reasonably be considered capable of undermining or assisting the case. (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)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. (4)Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. any other matters that the Director General considers relevant. 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. (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. (b)HMCIC or an inspector of constabulary nominated by HMCIC,. (4)Where the chair decides not to conduct a misconduct pre-hearing, the chair must determine the date, time and duration of the misconduct hearing, following consultation with the parties by telephone or by such other electronic means as may be agreed between the parties or, where the parties fail to agree, as decided by the chair. (6)A person nominated by the Director General may, as an observer, attend a misconduct meeting which arises from a case to which, (a)paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, or, (b)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. 7. where the person who conducted the misconduct meeting was a member of a police force, by, a member of a police force of at least one rank higher than that person, or. This is the citation or ticket. (5)The appropriate authority or, where functions have been delegated under regulation 26(1), the originating authority, may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting by, (a)a police officer or police staff member of the police force concerned, or. (a)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; (b)necessary in the interests of national security; (c)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; (d)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; (e)justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; (f)necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. (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. 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. (a)the period of 15 working days specified in paragraph (1)(a); (b)the period of 30 working days specified in paragraph (9). (8)The appropriate authority must comply with a direction given under paragraph (7). Section 63(3)(a) was substituted by paragraph 78(3) of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 6(2) of Schedule 22 to the Criminal Justice and Immigration Act 2008, sections 123(4) and 133(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 10(3)(b) of the Policing and Crime Act 2009 (c. 26). advise the officer concerned throughout the proceedings under these Regulations; 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; make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and. (5)Subject to the harm test and paragraph (9), the person conducting or chairing the accelerated misconduct hearing must require the appropriate authority to publish the report submitted under paragraph (1). (b)that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. (c)a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. (ii)if the officer concerned 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, an opportunity to make oral or written representations before any such question is determined, and, (d)where representations are received into mitigating circumstances, (i)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. 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. (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. Motors guys are ticket machines, that's all they do all day is go from one stop to another. 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? (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. (a)any written statement or document provided under paragraph (3); (b)any response to a consultation carried out under paragraph (4); (c)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, and. (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. the officer concerned must comply with paragraphs (2) and (3). (3)Condition A is that P ceased to be a police officer after the allegation first came to the attention of a relevant body. Section 50(2A) was inserted by section 82(12) of the Police Reform and Social Responsibility Act 2011 (c. 13) (the 2011 Act); section 50(3) was substituted by paragraphs 1 and 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) (the 2008 Act); sections 50(3A) to (3G) and 51(2B) to (2H) were inserted by section 29(1) to (3) of the Policing and Crime Act 2017 (c. 3) (the 2017 Act) (the powers in sections 50(3A) and 51(2B) are limited by section 29(7) of the 2017 Act) and amended by paragraph 65(2) of Schedule 9 to the 2017 Act; section 50(4) was amended by paragraphs 1 and 3 of Schedule 22 to the 2008 Act and by paragraphs 1 and 32 of Schedule 16 to the 2011 Act; section 51(2)(ba) was inserted by section 35 of the Police Reform Act 2002 (c. 30) (the 2002 Act) and amended by paragraphs 1 and 4(2) of Schedule 22 to the 2008 Act; section 51(2A) was inserted by paragraphs 1 and 4 of Schedule 22 to the 2008 Act; section 51(3A) was inserted by section 128(1) of the Police Act 1997 (c. 50) and amended by paragraphs 1 and 33 of Schedule 16 to the 2011 Act; section 84 was substituted by paragraphs 1 and 7 of Schedule 22 to the 2008 Act and amended by paragraphs 1 and 40 of Schedule 16 to the 2011 Act and section 29(1) and (4) of, and paragraph 65(3) of Schedule 9 to, the 2017 Act. (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)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. (4)Where the appropriate authority determines that the special conditions are satisfied, unless it considers that the circumstances are such as to make it inappropriate to do so, it must certify the case as one where the special conditions are satisfied and, subject to regulation 10(3), refer it to an accelerated misconduct hearing. (2)In regulation 3(1) (retirement), omit : Provided that a special constable may not, without the consent of the chief constable, give notice for the purposes of this Regulation, or retire in pursuance of a notice previously given, while suspended under these Regulations. Police officers act with fairness and impartiality. 6. (2)Any such lists or notice must be supplied before the end of 10 working days beginning with the first working day after the parties supplied the lists or notice under regulation 31(4). means a document relating to any matter under investigation, and. (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)give notice to the other that they do not propose any witnesses. Right away the officer will probably ask if you know why you have been stopped. (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.