at the beginning, there were inserted Subject to paragraph (6A),; misconduct or and or neither were omitted; 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.; for the words from misconduct or to the end, there were substituted gross misconduct, the matter must be investigated.; in paragraph (6), at the beginning, there were inserted Subject to paragraph (6A),; after paragraph (6), there were inserted, The appropriate authority must take no action or no further action under paragraph (1), (5) or (6) if , 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. A warning, whether written or verbal, is technically a waived traffic ticket. 22. Part 4 makes provision about misconduct proceedings. (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. (4)The person conducting or chairing the misconduct meeting must, if reasonably practicable, agree a date and time for the misconduct meeting with the officer concerned. 1965/536 to which there are amendments not relevant to these Regulations. (2)Having considered any representations received under regulation 53(3) and (5), the person conducting or chairing the accelerated misconduct hearing may. 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; necessary in the interests of national security; necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; 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; justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the allegations against the officer; necessary and proportionate for the protection of the welfare and safety of any informant or witness, or. Leave this site. (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. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. where the officer concerned is an officer other than a senior officer, if the case was decided at a misconduct meeting, of the right of appeal under regulation 45, or, if the case was decided at a misconduct hearing, of the right of appeal to a police appeals tribunal(. 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. 28.(1)Where the officer concerned is an officer other than a senior officer. 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). (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body, and. the documents given to the officer under regulation 30(1); the documents provided by the officer under, where paragraph (7) applies, regulation 54, and, does not accept that the conduct amounts to misconduct or gross misconduct, as the case may be, or, a list of the documents supplied under paragraph (6), and. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). 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. This is the citation or ticket. There are further amendments to paragraphs 16, 18 and 19 but none are relevant. (9)A police friend may not answer any questions asked of the officer concerned during the interview. (ii)the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as the case may be; (iii)where functions in relation to the administration of the hearing have been delegated under regulation 26(1), the details of the authority to whom they have been delegated; (iv)the name of the person appointed to conduct (in the case of a misconduct meeting for an officer other than a senior officer) or chair (in any other case) the misconduct proceedings and, in the case of a chair, confirmation that the person has been selected on a fair and transparent basis; (v)the effect of paragraphs (3) to (6) of this regulation; (vi)the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; (vii)where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. Subject to regulation 66(1), were omitted; in sub-paragraph (b), or appeal meeting were omitted; in sub-paragraph (d), , meeting were omitted. 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. 55.(1)Where the officer concerned is an officer other than a senior officer, the accelerated misconduct hearing must be conducted by, (a)where the police force concerned is the metropolitan police force, an assistant commissioner, or. the originating authority, where functions have been delegated under regulation 26(1); the Director General, where the Director General. (i)after sub-paragraph (d), and were omitted; (ii)in sub-paragraph (e), for misconduct or gross misconduct, as the case may be, there were substituted gross misconduct; (iii)after sub-paragraph (e), there were inserted. at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented). 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; 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. (a)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; (b)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). (17)At misconduct proceedings conducted by a panel, any decision must be based on a majority but must not indicate whether it was taken unanimously or by a majority. (b)the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (6)No witnesses other than the officer concerned may give evidence at the accelerated misconduct hearing and the person conducting or chairing the accelerated misconduct hearing must determine whether and by whom the officer concerned can be questioned. (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. (c)there was a serious breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action. (b)it is in the public interest for the officer concerned to cease to be a member of a police force or a special constable without delay. (i)exclude any person under regulation 39(3)(a); (ii)impose conditions under regulation 39(3)(b), or. in any other case, subject to paragraph (2), the chief officer of police of the police force concerned. in relation to an officer who was a member of a police force of the rank of chief inspector or below at the relevant time, the Police Federation of England and Wales; in relation to an officer who was a member of a police force of the rank of superintendent or chief superintendent at the relevant time, the Police Superintendents Association, and. (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). (a)the appropriate authority decides, following a review, that the suspension conditions are no longer satisfied; (b)either of the events mentioned in paragraph (5)(a) and (b). 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. (4)If at any time during the investigation the investigator believes that, in light of evidence made available to the investigator that was not available to the appropriate authority when it made its severity assessment or any revised severity assessment under regulation 14, the appropriate authority would, on further consideration of the matter, be likely to determine that the conduct which is the subject matter of the allegation, if proved, would amount to neither misconduct nor gross misconduct, the investigator must, whether or not the investigation is complete, submit to the appropriate authority. (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. (a)paragraphs (3), (4) and (6) were omitted; (b)in paragraph (5), conducting or were omitted. (2)The misconduct proceedings must not proceed unless the officer concerned has been notified of the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings taking place. 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. (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)Paragraphs (3) and (4) apply to a matter that has been referred under these Regulations to be dealt with under the reflective practice review process. the case must be dealt with in accordance with regulation 14; the investigation must be promptly concluded; the appropriate authority must as soon as practicable and in addition to any notice required under regulation 14(7), give the officer concerned notice in writing that, the notice given to the officer under regulation 17(1) has been withdrawn and no further action will be taken pursuant to that notice, and. misconduct proceedings under Part 4 of these Regulations; an accelerated misconduct hearing under Part 5 of these Regulations, or. ENF-038, WRITTEN WARNING FORM . (a)the documents given to the officer under regulation 30(1); (b)the documents provided by the officer under, (ii)where paragraph (7) applies, regulation 54, and, (i)does not accept that the conduct amounts to misconduct or gross misconduct, as the case may be, or. (10)The person conducting or chairing the misconduct proceedings must determine whether any question should be put to a witness. (10)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. To find more information on how to pay your infringement see pay your infringement. Calling emergency 111 Call triple one when you need an emergency response from Police, Fire or Ambulance. The definition of misconduct (regulation 2(1)) has been changed since the 2012 Regulations. the appropriate authority decides, following a review, that the suspension conditions are no longer satisfied; either of the events mentioned in paragraph (5)(a) and (b). the appropriate authority must assess whether, if the matter were to be referred to misconduct proceedings under regulation 23, those would be likely to be a misconduct meeting or a misconduct hearing. (7)Where the appropriate authority certifies a case as one where the special conditions are satisfied under regulation 25(3) or 26(3) of the Complaints and Misconduct Regulations (including pursuant to regulation 26(8)(b) of those Regulations), it must, subject to regulation 10(3), refer it to an accelerated misconduct hearing. determine the date, time and duration of the misconduct hearing, following consultation with the parties; consider any lists of proposed witnesses supplied under regulation 32(1) and, in accordance with regulation 32(5), determine which, if any, witnesses should attend the misconduct hearing; consider any documents supplied under regulation 32(6); consider any procedural or preliminary legal arguments or points of law raised and whether it is appropriate for those matters to be dealt with at the misconduct pre-hearing or the misconduct hearing; consider any issues related to disclosure of documents for the purposes of the misconduct hearing, and, seek representations from the parties as to whether to. (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. 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. (b)the appropriate authority or, as the case may be, the originating authority; (5)Written representations in relation to the matters specified in paragraph (3)(a) to (c) may also be made by any representative of the media to the chair. the Director General is of the view that in the particular circumstances of the case there is a compelling public interest for the Director General to present the case. if it is no longer satisfied that there is a case to answer in respect of misconduct or gross misconduct, must direct that the case be withdrawn, and. (3)Where under paragraph (2) the officer concerned is allowed to and does so participate in the accelerated misconduct hearing, or where the officer otherwise does not attend the accelerated misconduct hearing, (a)the officer may nonetheless be represented at that hearing by, (ii)a relevant lawyer (in which case the police friend may also attend), and. (b)an invitation to provide an account of the matter that has been referred for review. in paragraph (3), for the officer may be dismissed or, there were substituted disciplinary action for gross misconduct may be imposed in relation to the officer or the officer may; in paragraph (4), or an appeal meeting were omitted; in the opening words, or an appeal meeting were omitted; in sub-paragraph (b) only, and the words before it were omitted; in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; after paragraph (1), there were inserted. Having your information in proper order is not enough to get you off with just a warning. (b)the complainant and any interested person, in any case to which regulation 60 applies. [1] 2 Stay calm. Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour. Section 88C was inserted by Schedule 8 to the Policing and Crime Act 2017 and subsection (5) of that section was amended by paragraph 65(1) and (3)(b) of Schedule 9 to that Act. a summary of the issue and any relevant background circumstances; a summary of the reflective practice review discussion; key actions to be undertaken within a specified time period; any lessons identified for the participating officer; any lessons identified for the line management or police force concerned; a specified period of time for reviewing the report and the actions taken. 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. Verbal Warning Vs Written Warning By Police. (10A)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 (13) applies.; (i)after regulation 18(1) there were inserted , 20A(2); (ii)after regulation 20 there were inserted or 21A(2); (iii)after Regulations, there were inserted (as modified by regulation 42 of and Schedule 2 to those Regulations). Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty. 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. A warning ticket means that you did something illegal (e.g. Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017. (b)that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. (3)Where the person conducting or chairing the accelerated misconduct hearing excludes a person under paragraph (2)(a) which has the effect of excluding a representative of the media, or gives a direction under paragraph (2)(c), any representative of the media may make representations to the person conducting or chairing the accelerated misconduct hearing about the exclusion or, as the case may be, direction. These powers are subject to regulations made under section 50 of the 1996 Act (sections 38(7) and 48(7) of the 2011 Act). conduct or, as the case may be, chair the misconduct proceedings, or. (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. (a)paragraph (7) applies except in so far as it specifies the period of time for making an objection; (b)the objection must be made before the end of 3 working days beginning with the first working day after the officer concerned is given the notice referred to in paragraph (10); (c)paragraphs (8) to (10) apply, with the exception of the requirement in paragraph (10) for the appropriate authority to give written notice of the effects of paragraphs (11) and (12). It is not reported to the DMV and does not appear on the driving history of the individual. (4)For the purposes of this regulation, a nominated person is a person who, in the opinion of, (a)the appropriate authority or, as the case may be, the originating authority, or. (3)Subject to regulation 39(3) and (5), the complainant or any interested person may attend the misconduct meeting as an observer. failed to mention, any fact relied on in the officers case at the accelerated misconduct hearing, being a fact which in the circumstances existing at the time, the officer could reasonably have been expected to mention when so questioned or when providing such information, paragraph (13) applies. 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. Regulation 22 is to be read as if conducting or were omitted. returned my license to . (3)The investigator or a nominated person must attend the misconduct proceedings on the request of the person conducting or chairing those proceedings to answer questions. 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. where the officer concerned is a Condition C person, the Condition C special determination. (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. if it is a misconduct hearing the Director General may be represented by a relevant lawyer; the Director General must notify the complainant or any interested person prior to those proceedings, and. 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. Any period of time specified in this Part in relation to an accelerated misconduct hearing may be reduced by agreement between the appropriate authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the accelerated misconduct hearing. (6)In paragraph (3)(c), vulnerable person means a person who, by reason of age, disability or ill-health, is, or may be, unable to. the complainant and any interested person, in any case to which regulation 60 applies. 47.(1)The person determining the appeal may. Paragraph 23(5A) of Schedule 3 to the 2002 Act was inserted by paragraphs 9 and 26(1) and (2) of Schedule 5 to the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to that Act. 2012/2632, amended by S.I. Section 21 was amended by paragraphs 1 and 7 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), section 15 of the Policing and Crime Act 2017 and paragraphs 1 and 4 of Schedule 4 to, paragraph 47(d) of Schedule 5 to, and paragraphs 15 and 27 of Schedule 9 to that Act. supply to the other a list of proposed witnesses and include brief details of the evidence that each witness is able to adduce, or. any other matters that the Director General considers relevant. Part 2 contains general provisions including a statement of the harm test. (3)Having considered any representations received under regulations 33(8)(f), 36(3) and 36(5), the person conducting or chairing the misconduct proceedings may. (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. 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)in paragraph (3), for the officer may be dismissed or, there were substituted disciplinary action for gross misconduct may be imposed in relation to the officer or the officer may; (b)in paragraph (4), or an appeal meeting were omitted; (i)in the opening words, or an appeal meeting were omitted; (ii)in sub-paragraph (b) only, and the words before it were omitted; (d)in paragraph (6), Subject to paragraph (7), conducting or and or appeal meeting were omitted; (b)after paragraph (1), there were inserted. A written warning ticket is a document issued by law enforcement officers to let you know that they noticed an infraction on the road (speeding, parking, etc.). (a)written notice of whether or not they accept that their conduct amounts to gross misconduct; (b)where they accept that their conduct amounts to gross misconduct, any written submission they wish to make in mitigation; (c)where they do not accept that their conduct amounts to gross misconduct, written notice of. (5)The appropriate authority or, as the case may be, the originating authority, must send a copy of any report under this regulation to, (a)the Director General, in any case where the Director General, (ii)was entitled to attend to make representations under regulation 38(1), and. (11)Where the appropriate authority fails to make the determination referred to in paragraph (1) or (2) before the end of 15 working days beginning with the first working day after receipt of the report, it must notify the officer concerned of the reason for this. to the officer concerned in accordance with regulation 30(1). Right away the officer will probably ask if you know why you have been stopped. (i)regulation 1 in so far as it applies to the 2012 Regulations; (ii)regulation 2(1) and (3) (transitional provision); (iii)Part 2 (amendment of the 2012 Regulations); (iv)Schedule 1 (modifications to the 2012 Regulations). (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. Section 9 was amended by section 33(2) and (4) of the Policing and Crime Act 2017 to provide that the body corporate known as the IPCC would continue to exist and would be known instead as the Independent Office for Police Conduct (IOPC). Section 29(7)(a) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the 2017 Act, may not make provision in relation to a person who ceases to be a police officer (within the meaning of these Regulations) before the coming into force of section 29(2) and (3) of the 2017 Act. 9. 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. 15.(1)This regulation applies where the matter is to be investigated in accordance with regulation 14. P ceased to be a police officer before the allegation first came to the attention of a relevant body; 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. (5)Where the appropriate authority determines, (a)that the special conditions are not satisfied, or. address the proceedings in order to do any or all of the following. I was driving somewhere in the afternoon and a cop pulled me over for speeding. (b)the officer proposes an alternative date or time which satisfies paragraph (3). in paragraph (2)(a), if it is a misconduct hearing were omitted; in paragraphs (2)(c), (3) and (4), conducting or were omitted. conducting or and or misconduct meeting were omitted; in sub-paragraph (a), person or were omitted; for sub-paragraphs (c) and (d), there were substituted. (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. (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.

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