(2)Where the officer concerned informs the person conducting or chairing the misconduct proceedings in advance that the officer is unable to attend on grounds which the person conducting or chairing those proceedings considers reasonable, that person may allow the officer to participate in the proceedings by video link or other means. 07-04-2008, 12:18 AM. 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. On Friday, I was driving back to the office midday and a police officer pulled me over. the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, where representations are received in relation to mitigating circumstances, 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 could reasonably have been expected to so mention them, and. 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. See regulation 2(1) for definition of misconduct in these Regulations. Welcome to SC Love's online traffic ticket payment video tutorial follow our step-by-step instructions for help in completing your online payment first open an internet browser such as Internet Explorer or Mozilla Firefox type SC gov into your browser place your mouse or cursor over online services on the left-hand side of your screen then click 4B.(1)Before making a Condition C special determination the Director General must give a notification in writing to, (2)A notification under paragraph (1) must. (b)in any other case, subject to paragraph (2), the chief officer of police of the police force concerned. the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. 10.(1)Subject to the provisions of this regulation, proceedings under these Regulations must proceed without delay. supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. 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. Jesse Grabow - Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. Traffic warnings are generally only kept in police department computers, and are not reported in a way that your insurance company could find out about them. (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. Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and was amended by section 19(1) and (3)(b)(i) of, and paragraph 47(h)(vi) of Schedule 5 and paragraphs 15 and 56 of Schedule 9 to, the Policing and Crime Act 2017; there are other amendments to paragraph 22 but none are relevant. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. where the officer concerned was a special constable at the relevant time, the police force maintained for the police area for which the officer was appointed at that time;; (i)for the definition of police officer, except in its application to regulations 4, 7 and 8, there were substituted. (2)Where the appropriate authority assesses that the conduct, if proved, would amount to neither misconduct nor gross misconduct, it must assess whether. (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. (12)In relation to an objection under paragraph (11) of this regulation. (4)In this regulation relevant document, (a)means a document relating to any matter under investigation, and. 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. (i)after 18(1) there were inserted , 20A(2); (ii)for of the Complaints and Misconduct Regulations there were substituted or 21A(2) of the Complaints and Misconduct Regulations, as modified by regulation 42 of, and Schedule 2 to, those Regulations; (g)in paragraphs (14) and (16), person or were omitted; (h)for paragraph (15) there were substituted. address the proceedings in order to do any or all of the following. (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). New provisions in this Part include, in particular, regulation 24, which provides for the Director General to decide to present a case on behalf of the appropriate authority; regulation 25, which makes provision about joint misconduct proceedings, where 2 or more cases arise from the same matter or incident; regulation 26 which provides for an appropriate authority to delegate functions in relation to the administration of a hearing to the chief officer of another police force; regulation 29, which specifies the role of the chair of the panel, in the case of a misconduct hearing, and regulation 33, which, where a matter is referred to a misconduct hearing, makes provision for a misconduct pre-hearing. 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. (a)has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties with respect to disciplinary proceedings)(43) to comply with a direction to bring misconduct proceedings of a form specified in a determination of the Director General; (b)accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of that Schedule (reviews with respect to an investigation)(44) that misconduct proceedings of the form specified in the recommendation are brought, or. (c)the person conducting or chairing the misconduct proceedings must notify the officer concerned prior to those proceedings. . 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. An impact assessment has not been produced for these Regulations as no impact on the private, voluntary or public sectors is foreseen. on the direction of the Director General, following consultation with the appropriate authority, in a case where the Director General, made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or, gave a direction under paragraph 23(5A)(e) or paragraph 27(4)(a) of that Schedule to bring disciplinary proceedings, or. 9. (3)The requirement to provide information under paragraph (1) does not apply in a case where it appears to the appropriate authority that to do so might prejudice the investigation or any other investigation (including a criminal investigation). any of the Regulations and provisions in regulation 3(1), or, determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(, makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(, it relates to a person who ceased to be a police officer before 15th December 2017(. (b)at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). return the case to the appropriate authority to deal with in accordance with Part 4. may consider such documentary evidence as would, in their opinion, assist them in determining the question; if the officer is legally represented, the officers relevant lawyer or, where the officer is not legally represented, the officers police friend; the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and. in deciding, following a review, whether or not to end a suspension under this regulation. (12)Where evidence is given or considered at the accelerated misconduct hearing 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. the appropriate authority or, as the case may be, the originating authority, or. (2)This paragraph applies in a case where misconduct proceedings have been delayed by virtue of regulation 10(3) and the appropriate authority has certified the case as one where the special conditions are satisfied following a determination made under regulation 49(3). in sub-paragraph (h), after 18(1), there were inserted , 20A(2). Part 4 makes provision about misconduct proceedings. S.I. Stay up to date with the latest community news written by award-winning editors and local reporters. Police officers are honest, act with integrity and do not compromise or abuse their position. This duty arises at the end of each 6 month period thereafter. (b)the officer proposes an alternative date or time which satisfies paragraph (7). 2003/527. (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. There are other amendments to sections 50 and 51, but none are relevant. (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. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the accelerated misconduct hearing. Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice. (g)any other matters that the Director General considers relevant. Calling emergency 111 Call triple one when you need an emergency response from Police, Fire or Ambulance. 10. A written warning has zero effect on your driver's license or your vehicle insurance. Paragraph (4) applies where disciplinary action for gross misconduct is imposed. 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. Most warnings are removed from police department computers after about a year. (9)A police friend may not answer any questions asked of the officer concerned during the interview. (8)Where the appropriate authority or the originating authority publishes a report in accordance with paragraph (6), it must publish the report on its website for a period of not less than 28 days. You go to the desk, hand them the warning. (7)Where the appropriate authority or, as the case may be, the originating authority is required to publish the report in accordance with paragraph (6), it must do so as soon as practicable after the officer has been notified of the outcome of the proceedings under paragraph (2). 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. If you get pulled over for a traffic violation, police officers have the option of giving you a written warning in lieu of a ticket. Regulation 16 is to be read as if misconduct or, in both places where those words appear, were omitted. (4)The reference in paragraph (3) to the force of which the police friend is a member includes a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving. (a)whether it appears that the alleged gross misconduct has had an effect on relations between the public and the police, including relations between the members of the community where the alleged gross misconduct occurred and the police force concerned; (b)the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; (c)the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and. (b)such longer period as the person or persons considering the question of disciplinary action may determine, up to a maximum of 5 years from the day on which it was notified to the officer. (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. (3)The investigator or a nominated person must attend the accelerated misconduct hearing on the request of the person conducting or chairing the hearing to answer questions. take no further action against the officer concerned; refer the matter to the reflective practice review process, or, refer the matter to be dealt with under the Performance Regulations, and, the appropriate authority must as soon as practicable give the officer concerned, written notice of the direction, indicating whether any action will be taken under paragraph (2)(a), and. the case amounts to practice requiring improvement; inform the officer concerned of the outcome of its assessment, and. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, the Director General. 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. (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. in any other case, cause the witness to be given notice that their attendance is necessary and of the date, time and place of the proceedings. (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). (c)a police staff member who, in the opinion of the appropriate authority, is more senior than the participating officer. (4)Where the appropriate authority determines under paragraph (2)(b) or under paragraph (3) in so far as the determination relates to the matter set out in paragraph (2)(b), that the case does not amount to misconduct, the case is to be dealt with under these Regulations as if the appropriate authority had determined that there was no case to answer. (2)The disciplinary action has effect from the date on which it is notified to the officer concerned. (11)The references to a period in paragraph (9)(a) and (b), including any such period as extended, if relevant, in accordance with paragraph (10), does not include any time when the officer is taking a career break (under regulation 33(12) of the Police Regulations (leave) and the determination of the Secretary of State made under that regulation)(50). If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. (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. (14)Where the question of disciplinary action is being considered, the person or persons considering it.
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