(b)request a response to any such question from the officer concerned within a specified period. (2)Subject to regulation 4(7), the Regulations and provisions mentioned in paragraph (1) and regulations 2(1) and 10(1)(a) of the Police Barred List and Police Advisory List Regulations 2017(32) as in force immediately before these Regulations come into force continue to have effect in relation to, (b)an allegation against a police officer which comes to the attention of a local policing body or a chief officer of police on or after 1st February 2020 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with, (i)any of the Regulations and provisions in paragraph (1), or. (8)The appropriate authority must review the suspension conditions. (b)one of the conditions set out in paragraph (3) is satisfied. 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. 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. for sub-paragraph (c), there were substituted, if they worked, directly or indirectly, under the management of the officer concerned at the relevant time. This section has no associated Explanatory Memorandum. (b)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. specify a date and time for a misconduct pre-hearing, which must be within a period of 15 working days, or such extended period as the chair may specify under paragraph (10)(a), beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), and, give written notice of the date, time and place of the misconduct pre-hearing to. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the accelerated misconduct hearing. (3)Subject to regulation 39(3) and (5), the complainant or any interested person may attend the misconduct meeting as an observer. (4)Where the appropriate authority assesses that the conduct, if proved, would amount to practice requiring improvement, it must refer the matter to be dealt with under the reflective practice review process set out in Part 6. before the end of 4 weeks beginning with the first working day after the previous review. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. (3)For any period during which the appropriate authority considers any misconduct proceedings or accelerated misconduct hearing would prejudice any criminal proceedings, no such misconduct proceedings or accelerated misconduct hearing may take place. Having your information in proper order is not enough to get you off with just a warning. (5)At the beginning of the accelerated misconduct hearing, the person conducting or chairing the accelerated misconduct hearing must give the officer the opportunity to say whether or not the officer accepts that the officers conduct amounts to gross misconduct. 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). (13)This paragraph applies where the appropriate authority has directed, in accordance with regulation 50(1), that the case be dealt with under this Part. paragraphs (3), (4) and (6) were omitted; in paragraph (5), conducting or were omitted. (2)For the purposes of this regulation, each of the following is a relevant period. 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. the name of the person appointed to determine the appeal under paragraph (4); the name of any person appointed under regulation 8(6) to advise the person determining the appeal, and. (15)The persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.; (i)in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. 60.(1)This regulation applies in the case of an accelerated misconduct hearing arising from the investigation of a, (a)conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. (c)whether disciplinary action for gross misconduct was imposed.. 25.(1)Subject to paragraphs (6) and (7), 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 hearing, the cases may be referred to a joint misconduct hearing. 37.(1)Subject to paragraph (2), the officer concerned must attend the misconduct proceedings. 7. (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. a police officer or police staff member of the police force concerned, or. (b)the officer proposes an alternative date or time which satisfies paragraph (6). (d)any other matters that the Director General considers relevant. (7)As soon as reasonably practicable after any such appointment, the chair must give a written notice to the officer concerned of the name of the new panel member and of the effect of paragraphs (8) and (9) of this regulation. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (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). 19.(1)Where an investigation is not completed within a relevant period, the appropriate authority must, subject to paragraph (3), provide as soon as practicable the following information in writing to the local policing body. 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. (4)The disciplinary action referred to in paragraph (3) has effect from the date on which it is notified to the officer concerned. (ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). (ii)gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). Written warning: If an officer issues you a written warning after pulling you over, there is a chance it will end up on your driving record. (d)if so, and subject to paragraph (10), what form the misconduct proceedings should take. 9. (aa)in paragraph (ii), misconduct or and , as the case may be were omitted; (bb)in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; (cc)in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; (dd)after paragraph (vii), and were omitted; (ee)after paragraph (viii), there were inserted, (ix)the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. ), any interested person. in relation to an officer who was a senior officer at the relevant time, the Chief Police Officers Staff Association; for paragraph (4), there were substituted. the appropriate authority or, as the case may be, the originating authority; the officer may nonetheless be represented at those proceedings by , in the case of a misconduct hearing, a relevant lawyer (in which case the police friend may also attend), and. having determined that the officer has a case to answer in respect of misconduct and that the case does not fall under sub-paragraphs (a), (b) or (c), those proceedings must be a misconduct meeting. (5)For the purposes of this regulation relevant prosecutor means the Director of Public Prosecutions or any other person who has or is likely to have responsibility for the criminal proceedings. (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. HMCIC or an inspector of constabulary nominated by HMCIC. 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. Apply for a review or appeal about the outcome of a police complaint using our online form Download a Word version of our review and appeal form to complete on your computer Download a PDF. certified Basic Police Academy within the 3 years prior to submissions of the application. (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. (2)A notice of enquiry given under paragraph (1) must, (a)state any question the investigator wishes to ask the officer concerned, and. in the case of joint misconduct proceedings, copied to each other officer concerned. Regulation 19 makes provision about the timeliness of investigations. a written report on the investigation to that point. (b)the officer proposes an alternative date or time which satisfies paragraph (3). (b)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. (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 weren't ticketed. (c)the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate. (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. 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. made at the accelerated misconduct hearing. the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). (2)The accelerated misconduct hearing must not proceed unless the officer concerned has been notified of the effect of regulation 8(1) to (3) in relation to an accelerated misconduct hearing. (7)Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had a written warning in force, a written warning must not be given. 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. any other police officer at the relevant time, the chief officer of police of the police force concerned; in the definition of gross misconduct, for as to justify dismissal there were substituted that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; , other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), were omitted; for so serious as to justify disciplinary action there were substituted not so serious that the officer concerned would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; in the definition of misconduct hearing, after disciplinary action, there were inserted for gross misconduct; for the definition of misconduct proceedings, there were substituted, for the definition of police force concerned, there were substituted. (3)Where under paragraph (2) the officer concerned is allowed to and does so participate in the misconduct proceedings, or where the officer otherwise does not attend the misconduct proceedings, (a)the officer may nonetheless be represented at those proceedings by , (ii)in the case of a misconduct hearing, a relevant lawyer (in which case the police friend may also attend), and. (5)Where the appropriate authority assesses that the conduct, if proved, would amount to misconduct or gross misconduct. reviewer means the person who is conducting the reflective practice review process. 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. A verbatim record of the misconduct proceedings must be taken. written warnings are just for police record. 33.(1)Where the person chairing a misconduct hearing (the chair) has decided under regulation 29(3) to conduct a misconduct pre-hearing, the chair must as soon as practicable, (a)specify a date and time for a misconduct pre-hearing, which must be within a period of 15 working days, or such extended period as the chair may specify under paragraph (10)(a), beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), and, (b)give written notice of the date, time and place of the misconduct pre-hearing to. (3)A suspension under this regulation must be with pay. (i)the words from the beginning to panel, were omitted; (ii)for that panel there were substituted the panel; (b)in paragraph (10), the words from or to to regulation 40(6), were omitted. To find more information on how to pay your infringement see pay your infringement. paragraph (2) applies and the case is referred to a misconduct hearing or an accelerated misconduct hearing, or. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. the place at which the hearing will take place, and. (a)a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; (b)a reference to a copy of a statement, where it was not made in writing, is to be construed as a reference to a copy of an account of that statement. Welcome to the Lincolnshire Police website. (7)For the purpose of section 84(4) of the 1996 Act (power to prescribe the panel for the purpose of representation at proceedings), the panel of persons or the person specified by this regulation to conduct misconduct proceedings is prescribed as the panel. 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. 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. However, the police officer is within their right to write you a ticket for the expired tags as well. (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). Section 12(1) to (1B) was substituted for section 12(1) by section 14(2) of the Policing and Crime Act 2017. (b)the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), and. (ii)where the investigation has been completed, on request and subject to the harm test, a copy of the investigators report or such parts of that report as relate to the officer. (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. lustron homes heating system, quick outdoor team building activities,

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