(11)The person conducting or chairing the misconduct proceedings may allow any document to be considered at those proceedings notwithstanding that a copy of it has not been supplied, (a)by the officer concerned to the appropriate authority or, as the case may be, the originating authority in accordance with regulation 31(3), or. 71. (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. 2012/2632) (the 2012 Regulations), with a number of changes, in part to reflect changes made to the handling of police complaints and police disciplinary matters made by the Policing and Crime Act 2017 (2017 c. 3). in paragraph (1), after practicable there were inserted and subject to regulation 20A; in paragraph (5), for the words from must to the end there were substituted must be reasonable.. (4)The appropriate authority may not suspend a police officer under this regulation unless the following conditions (the suspension conditions) are satisfied, (a)having considered temporary redeployment to alternative duties or an alternative location as an alternative to suspension, the appropriate authority has determined that such redeployment is not appropriate in all the circumstances of the case, and, (b)it appears to the appropriate authority that either, (i)the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. the duty specified in paragraph (4) to supply a list of proposed witnesses or give notice that there are no proposed witnesses lies with the Director General, and not with the appropriate authority or the originating authority. What exactly does a warning ticket mean? Do I take the ticket - Avvo Does A Warning Go On Your Record - Fair Punishment (5)Where the appropriate authority determines there is no case to answer or that no misconduct proceedings will be brought, it must assess whether. Before making a Condition C special determination the Director General may consult any other person the Director General thinks fit. where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. the seriousness of the alleged gross misconduct; the impact of the allegation on public confidence in the police, and, When assessing the seriousness of the alleged gross misconduct for the purposes of paragraph (2)(a), the matters which the Director General must take into account are. . (10)In this regulation, relevant body means. (a)the case amounts to practice requiring improvement; (6)The appropriate authority must consult the line manager of the officer concerned before making an assessment in terms of paragraph (5)(a) or (b). Police officers treat information with respect and access or disclose it only in the proper course of police duties. where written terms of reference are not provided under sub-paragraph (a), give the officer concerned written notice stating that the terms of reference are not being provided and explaining why. According to Acas, a written warning is "a formal warning that the employer can give the employee at the end of the disciplinary procedure." (Note: At the end, not the beginning!) (a)in paragraph (2)(a), if it is a misconduct hearing were omitted; (b)in paragraphs (2)(c), (3) and (4), conducting or were omitted. 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. (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. any other person nominated by the officer concerned and approved by the chief officer of the police force concerned. Physical Demands and Working Environment The conditions herein are representative of those that must be met by an employee to successfully perform the essential . (11)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (9). (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. where the officer concerned is a member of a police force, must be either another member of a police force of at least one rank higher than the officer or, 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; where the officer concerned is a special constable, must be. These Regulations deal with internal conduct matters brought to the attention of the police otherwise than under Schedule 3 to the Police Reform Act 2002 (2002 c. 30) (the 2002 Act). A warning is just thata warning. (4)The person determining the appeal must specify a date and time for the appeal meeting. in submitting any information or by not submitting any information at all under regulation 54 (or, where paragraph 14 applies, regulation 18(1) or 31(2) or (3)) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, a period of 2 years beginning with the day on which it was notified to the officer concerned, or. the disciplinary proceedings would not be the first disciplinary proceedings to be taken against P in respect of the alleged gross misconduct unless they result from a re-investigation of the allegation (whether carried out under these Regulations or under the2002 Act) that begins not later than 12 months after the date on which P ceased to be a police officer. (b)assist the appropriate authority to establish whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer. 11.(1)The appropriate authority may, subject to the provisions of this regulation, suspend the officer concerned from the office of constable and (in the case of a member of a police force) from membership of the force(37). (6)Subject to paragraph (7), the appropriate authority may appoint a person to advise the person conducting or chairing the misconduct proceedings or accelerated misconduct hearing or appeal meeting. who is not an interested party, appointed by the appropriate authority. 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). the notice given to the officer concerned under regulation 51(1); the other documents given to the officer under regulation 51(1); where paragraph (2) applies, regulation 31(2) and (3); where the officer concerned does not accept that the officers conduct amounts to gross misconduct, any other documents that, in the opinion of the appropriate authority, should be considered at the hearing. 35.(1)The appropriate authority must give the officer concerned written notice of the date, time and place of the misconduct proceedings. in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. Where the investigator is satisfied that, having regard to the circumstances of the officer concerned, it would be unreasonable to require the officer to attend an interview, the investigator may cause the officer concerned to be given a written notice of enquiry. The decision contained in a written warning could be immediate dismissal, unfair deadline even suspension without pay during the period and other severe punishment. These Regulations are to be read as if Part 6 were omitted. (i)at the beginning, there were inserted Subject to paragraph (6A),; (ii)misconduct or and or neither were omitted; (b)in paragraph (2), for the words from amount, in the first place that word occurs, to the end, there were substituted not amount to gross misconduct, it must take no further action.; (ii)for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; (e)in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; (f)after paragraph (6), there were inserted, (6A)The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , (a)it is satisfied that the officer concerned is unfit for disciplinary proceedings to be brought against the officer by reason of disability or ill-health, or. the effect of paragraphs (6) to (9) of this regulation. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. provided under regulation 53(3) or (5), or. the officer concerned must, within the time period specified in paragraph (1), provide the Director General with a copy of the documents specified in paragraphs (2) and (3), and. They do not affect your insurance premium. (f)where the officer concerned is a Condition C person, the Condition C special determination.; (b)in paragraph (3)(d)(ii), for (e) there were substituted (f). (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. (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. (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. the words from the beginning to panel, were omitted; for that panel there were substituted the panel; in paragraph (10), the words from or to to regulation 40(6), were omitted. In many cases, officers also have the discretion to issue warning citations. left with a person at, or sent by recorded delivery to, the officers last known address; given to the officer in person by the officers police friend where the police friend has agreed with the appropriate authority to deliver the notice or document, or. Condition C person means a person in relation to whom regulation 4(2)(a) and (5)(a) and (b) is satisfied;; Condition C special determination has the meaning given in regulation 4A(2);; disciplinary action for gross misconduct means a finding 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;; relevant time means the time immediately before the officer concerned ceased to be a member of a police force or a special constable;; (ii)the definitions of the Performance Regulations, appeal meeting, disciplinary action, human resources professional, line manager, misconduct meeting, practice requiring improvement and reflective practice review process were omitted; (iii)in the definition of allegation, for , conduct matter or practice requiring improvement there were substituted or conduct matter; (iv)for the definition of appropriate authority, there were substituted, appropriate authority means, subject to regulation 26(3), where the officer concerned was. (b)makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(35) in relation to a matter on or after 1st February 2020. these Regulations apply regardless of when the complaint or matter came to the attention of the appropriate authority. (2)Where more than one officer is involved in a matter that has been referred to be dealt with under the reflective practice review process, a joint reflective practice review discussion may take place, provided that individual reflective review development reports are produced. (ia)in the case of a Condition C person, any written statement or document provided to the Director General under regulation 4B(3) and any response to a consultation carried out under regulation 4B(4), and; (b)in paragraph (2), conducting or were omitted; (i)in sub-paragraph (a), for conduct or, as the case may be, chair, there were substituted chair; (ii)in sub-paragraph (b), conducting or, as the case may be, were omitted; (i)conduct or, as the case may be, were omitted; (e)in paragraph (6), and (7) were omitted; (a)in paragraph (1)(b), conducting or were omitted; (b)in paragraph (2)(a), (b) and (c), misconduct or and , as the case may be were omitted; (c)in paragraph (2)(c)(ii), person or were omitted. 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. (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. the appropriate authority considers that such proceedings or hearing would no longer prejudice any criminal proceedings, 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). Section 13B was inserted by section 18(1) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 20 of Schedule 9 to that Act. (5)This paragraph applies where a final written warning was in force on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations. in relation to the attendance at the proceedings of a person under regulation 40 or this regulation, exclude any person as they see fit from the whole or a part of those proceedings; impose such conditions as they see fit relating to the attendance under regulation 40 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings, and. Paragraph 23(5A) was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to the Policing and Crime Act 2017. the person conducting or chairing the accelerated misconduct hearing must notify the officer concerned prior to the hearing. Regulation 15 is to be read as if in paragraph (3), (a)for sub-paragraph (c), there were substituted. (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. ), or. 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. the report submitted under paragraph (1), and. (4)Where cases are referred to joint misconduct proceedings, the officer concerned in any of the cases may object and request separate proceedings. paragraph (4) applies and the case is referred to an accelerated misconduct hearing. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. it is decided that the conduct of the officer should not be referred to misconduct proceedings or an accelerated misconduct hearing, or, in writing with a summary of the reasons, or. Mistakes on traffic tickets occur when officers are in a hurry or absentmindedly jot down incorrect information. (ii)before the end of 4 weeks beginning with the first working day after the previous review. Written Warning at Work | Written Warning - Explained | Personio You can receive a warning for violations witnessed by a cop or by a camera system. Section 36(2) of the 2002 Act provides that in section 36 disciplinary proceedings means any proceedings under any regulations made under section 50 or, as the case may be, section 51 of the 1996 Act which are identified as disciplinary proceedings by those regulations. Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017. the appropriate authority is the chief officer of any police force, and. speeding), and the officer is letting you off with a warning instead of a citation or a fine. (a)a chair appointed by the local policing body, selected on a fair and transparent basis from the list of legally qualified persons maintained by the local policing body for the purpose of these Regulations; (b)a member of a police force of the rank of superintendent or above (provided the member is of a more senior rank than the officer concerned), appointed by the appropriate authority, and. (12)The person determining the appeal may impose such conditions as they see fit relating to the attendance of persons under paragraph (10) at the appeal meeting (including circumstances in which they may be excluded) in order to facilitate the proper conduct of the appeal meeting. (b)fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. These Regulations are to be read as if after regulation 20 there were inserted. 0 2002 RC51 -Aluminum undertail, custom GP Can and mid-pipe, Jardine 2-1 Header, PC3, EBC Wave Rotors (F&R), CRG's, Goodridge SS Lines, Greggs, Black w/ Flattening and some carbon goodies . in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. (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). (7)A case in respect of which the Director General has made a decision to present a case under regulation 24(1) may only be referred to a joint misconduct hearing on the direction of the Director General, following consultation with the appropriate authority. (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).. (a)in relation to the attendance at the proceedings of a person under regulation 40 or this regulation, exclude any person as they see fit from the whole or a part of those proceedings; (b)impose such conditions as they see fit relating to the attendance under regulation 40 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings, and.