(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. the appropriate authority may, if it considers it appropriate in a particular case, delegate functions in relation to the administration of the hearing (but not in relation to representing it at the hearing) to the chief officer of police of another police force. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the accelerated misconduct hearing. (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. Regulation 16 is to be read as if misconduct or, in both places where those words appear, were omitted. 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. (5)No witness may give evidence at misconduct proceedings unless the person conducting or chairing the proceedings reasonably believes that it is necessary for the witness to do so in the interests of justice, in which case the person conducting or chairing the proceedings must, (a)where the witness is a police officer, cause that person to be ordered to attend the misconduct proceedings, and. (2)The only grounds of appeal under this regulation are that. (b)stating the grounds of appeal and whether a meeting is requested. (ii)gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings). Condition C special determination: procedure, Before making a Condition C special determination the Director General must give a notification in writing to. (11)The person conducting or chairing the accelerated misconduct hearing may allow any document to be considered at the hearing notwithstanding that a copy of it has not been supplied, (a)by the officer concerned to the appropriate authority in accordance with regulation 54, or. 57.(1)Subject to paragraph (2), the officer concerned must attend the accelerated misconduct hearing. (b)complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. (14)The person determining the appeal must determine whether the notice of appeal sets out arguable grounds of appeal and if they decide that it does not, they must dismiss the appeal. ), or. 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, it appears to the appropriate authority that either, the effective investigation of the case may be prejudiced unless the officer concerned is so suspended, or. (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. (3)The person determining the appeal may extend the time period specified in paragraph (2) where they consider that it would be in the interests of justice to do so. (2)Where the officer concerned informs the person conducting or chairing the accelerated misconduct hearing in advance that the officer is unable to attend on grounds which the person conducting or chairing the hearing considers reasonable, that person may allow the officer to participate in the hearing by video link or other means.
DOC Written Warning Template - NC Certain crimes require an officer to take action domestic violence, for instance. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (b) of that paragraph, give the officer concerned the written terms of reference of the investigation, or. (b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither. These Regulations revoke and replace the Police (Conduct) Regulations 2012 (S.I. A verbal warning and a written warning are . This process does not amount to disciplinary proceedings, as defined in regulation 2(1). Once a police officer determines that your driver is in violation of a traffic or safety law, they can give a warning or a citation. (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. (c)give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. a designated police volunteer serving in that force. (8)The officer concerned must attend the interview. 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. (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. (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. 38.(1)Subject to paragraph (6), in any case where, (a)paragraph 18 or 19 of Schedule 3 to the2002 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 andthe Director General. in sub-paragraph (h), after 18(1), there were inserted , 20A(2). that if the allegation of gross misconduct is proved, the officer may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; that if the officer is subject to such a finding, information including the officers full name and a description of the conduct which would have led to the officers dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years; after sub-paragraph (g), and were omitted and there were inserted, that it may harm the officers case if the officer fails to attend an interview of which the officer has been given notice under regulation 20(6) (interviews during investigation), and. 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. (2)Where the question of disciplinary action for gross misconduct is being considered, the persons considering it. (2)No interview may take place until the officer concerned has been provided with the terms of reference or, as the case may be, a written notice under regulation 17(2). (7)This paragraph applies to information in so far as the person conducting or chairing the misconduct proceedings considers that preventing disclosure of it to an attendee is. (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. (a)whether it appears that the officer concerned should be prevented from future employment or appointment by a person mentioned in section 88C(5) of the 1996 Act (effect of inclusion in police barred list: persons who may not employ or otherwise appoint a barred person)(62); (b)where it appears that the officer concerned should be so prevented, whether disciplinary proceedings are necessary for this purpose; (c)the length of time since the alleged gross misconduct occurred; (d)whether it appears that the officer concerned will be held to account in respect of the alleged gross misconduct through other means, such as criminal or other proceedings; (e)where it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct, whether it appears that a decision not to take disciplinary proceedings would adversely affect that person; (f)whether it appears that the officer concerned is unfit to be subject to or to participate in disciplinary proceedings by reason of disability or ill-health, and. (11)Where the Director General has made a decision under regulation 24(1) to present a case, each of paragraphs (1), (2) and (7) must be read as if and the Director General were inserted after the officer concerned. (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). where functions have been delegated under paragraph (1), appropriate authority, in relation to the exercise of such functions, means the chief officer of police to whom the functions have been delegated; originating authority means the chief officer of police of the force of which the officer concerned is a member which has delegated functions under paragraph (1). the local policing body, where the person in relation to whom the objection is made was appointed by that body, or, the appropriate authority in all other cases, 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)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. (ii)any arguments on points of law they wish to be considered by the person or persons conducting the misconduct proceedings. whether the officer concerned has a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act)(, where under paragraph (a) the appropriate authority determines that there is a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act), whether the case amounts to misconduct(, where there is a case to answer in respect of misconduct or gross misconduct, whether or not misconduct proceedings should be brought against the officer concerned, and, the appropriate authority considers that such proceedings would no longer prejudice any criminal proceedings, or. (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. respond on behalf of the officer to any view expressed at the proceedings; by the officer concerned to the appropriate authority or, as the case may be, the originating authority in accordance with regulation 31(3), or.