(2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. (12)In determining whether any criminal proceedings are to be treated as concluded for the purposes of this regulation, any right of appeal is to be disregarded. (6)Paragraph (1) does not apply in a case where the Director General has made a decision under regulation 24(1) to present a case. A Condition C special determination is a determination by the Director General as to whether the taking of disciplinary proceedings against a Condition C person in respect of alleged gross misconduct would be reasonable and proportionate having regard to. (iv)the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, an opportunity to make oral or written representations before any such question is determined, including on the appropriate level of disciplinary action, and, (d)where representations are received in relation to mitigating circumstances, (i)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. (b)that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. However, you should carefully read over the paper he gave you to make sure that it was actually a warning ticket and that there is no court date or fine on the paper. Current timestamp: 15/02/2023 07:13:06 Quickly exit this site by pressing the Escape key. (c)give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. (b)return the case to the appropriate authority to deal with in accordance with Part 4. respond on behalf of the authority to any view expressed at the proceedings; make representations concerning any aspect of proceedings under these Regulations, and, subject to paragraph (10), ask questions of any witnesses, and, address the proceedings in order to do all or any of the following. 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. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. Published October 23, 2017. (9)In relation to an objection under paragraph (8) of this regulation. Welcome. 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. if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5), and. Apparently the officer was in a decent enough mood to let me off with a warning, and not a $200 ticket. (a)a summary of the issue and any relevant background circumstances; (b)a summary of the reflective practice review discussion; (c)key actions to be undertaken within a specified time period; (d)any lessons identified for the participating officer; (e)any lessons identified for the line management or police force concerned; (f)a specified period of time for reviewing the report and the actions taken. police officer and officer mean a person who has ceased to be a member of a police force or a special constable;; (ii)in the definition of proposed witness, conducting or were omitted; (iii)for the definition of staff association, there were substituted. (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. They operate alongside the Police (Complaints and Misconduct) Regulations 2020 (S.I. (3)The officer concerned must provide the appropriate authority with a copy of any document they intend to rely on at the misconduct proceedings. in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances. any written statement or document provided under paragraph (3); any response to a consultation carried out under paragraph (4); any findings relating to the conduct to which the investigation relates in any investigation report submitted to the Director General under Schedule 3 to the 2002 Act, and. (a)having determined that the officer concerned has a case to answer in respect of gross misconduct, those proceedings must be a misconduct hearing; (b)where the officer had a final written warning in force at the date of the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations (special procedure: severity assessment), those proceedings must be a misconduct hearing; (c)where the officer has been reduced in rank under the Police (Conduct) Regulations 2004(45) or these Regulations less than 2 years prior to the severity assessment under regulation 14(1) of these Regulations or, as the case may be, regulation 16 of the Complaints and Misconduct Regulations, those proceedings must be a misconduct hearing, and. (2)The unavailability of one or more preferred lawyers is not a valid ground for delaying a misconduct hearing or an accelerated misconduct hearing where an alternative relevant lawyer can be found. 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. advise the person determining the appeal. (a)on receipt of any representations under paragraph (7); (b)if there has been no previous review, before the end of 4 weeks beginning with the first working day after the suspension; (i)when it becomes aware that circumstances relevant to the suspension conditions may have changed (whether by means of representations made under paragraph (7)(b) or otherwise), or. Different options to open legislation in order to view more content on screen at once. (b)determine the date and time of the misconduct pre-hearing, which must fall within the period specified in paragraph (3)(b). (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. 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(. [1] 2 Move to the side of the road as quickly as possible. the officer concerned may provide a written or oral statement relating to any matter under investigation to the investigator, including any mitigating circumstances relevant to any such matter, and. (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). stating the grounds of appeal and whether a meeting is requested. #3. (2)If the person determining the appeal determines under regulation 45(14) that the notice of appeal sets out arguable grounds of appeal, they must hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination. (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. Jesse Grabow - Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. (b)police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (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). (b)made at the accelerated misconduct hearing. on receipt of any representations under paragraph (7); if there has been no previous review, before the end of 4 weeks beginning with the first working day after the suspension; when it becomes aware that circumstances relevant to the suspension conditions may have changed (whether by means of representations made under paragraph (7)(b) or otherwise), or. 66.(1)Where a matter is dealt with under this Part, regulation 7(2)(b) to (d) does not apply. 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. (6)This paragraph applies where it is decided at misconduct proceedings that the officers conduct amounts to misconduct and the decision is based on the officers conduct arising from more than one incident and those incidents are not closely factually connected. Following completion of the discussion stage, the reviewer must produce a reflective review development report, in accordance with regulation 70. 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. a member of a police force of the rank of sergeant or above; a senior human resources professional, or. (ii)a report will be submitted under regulation 21; (e)the reason for the length of time taken by the investigation, and. (ii)if the officer concerned is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; (iii)the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5); and, an opportunity to make oral or written representations before any such question is determined, and, (d)where representations are received into mitigating circumstances, (i)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 concerned could reasonably have been expected to so mention them, and. (This note is not part of the Regulations). When asked if I knew why I was stopped, I admitted to speeding. (6)At any time before the start of misconduct proceedings, the appropriate authority may revise its severity assessment under this regulation if it considers it appropriate to do so. the complainant and any interested person, in any case to which regulation 40 applies. the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). (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. (4)The person determining the appeal must specify a date and time for the appeal meeting. 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. (i)a member of a police force of the rank of sergeant or above; (ii)a senior human resources professional, or. (3)Any person to whom this paragraph applies may make written representations to the chair in relation to. (a)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; (b)where the officer concerned is a special constable, must be. If you get more than a few warnings in one jurisdiction, you will stop getting warnings.