(a)the certificate issued under regulation 49(4) or under one of the provisions mentioned in regulation 49(7); (b)any statement the officer may have made to the investigator during the course of the investigation, and, (i)the investigators report or such parts of that report as relate to the officer (together with any document attached to or referred to in that report as relates to the officer), and, (2)The notice given under paragraph (1) must, (a)describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and. (2)Where the Director General has made a decision under regulation 24(1) to present a case, the officer concerned must provide the Director General with a copy of the documents they have provided in accordance with paragraph (1). (10)Where the Director General is entitled to attend the misconduct proceedings to make representations under regulation 38(1), or to nominate a person to attend the proceedings as an observer under regulation 40(6), the appropriate authority must give the Director General written notice of the date, time and place of the proceedings. MA Written warning? Driving record? Insurance? 07-04-2008, 12:18 AM. 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. Your letter will be placed in your personnel file along with the written warning. (10)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. the misconduct meeting must be postponed to the date or time proposed by the officer. (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. 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. (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 been reduced in rank under the Police (Conduct) Regulations 2004 or under these Regulations, a reduction in rank may not be imposed. (iii)a designated police volunteer serving in that force. 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. (4)In the case of joint misconduct proceedings, where a date and time is specified under paragraph (1) and one or more of the officers concerned or their police friend will not be available at that time, the chair must, (a)consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. 62.(1)Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned amounts to gross misconduct, they must impose disciplinary action, which, subject to the provisions of this regulation, may be. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 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. a decision under regulation 11 to suspend an officer or to continue or end such a suspension; a decision under regulation 49 as to whether to certify a case as one where the special conditions are satisfied. 2012/2632, amended by S.I. (a)15 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 30(1), or. (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. (a)consider any lists of proposed witnesses; (b)consider any documents supplied under paragraph (6), and. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the misconduct proceedings. a determination under paragraph 6(2A) of Schedule 3 to the 2002 Act (handling of complaints by the appropriate authority)(, a determination under paragraph 23(5A)(c) of Schedule 3 to the 2002 Act (action by the Director General in response to an investigation report under paragraph 22)(, a determination under paragraph 24(6) of Schedule 3 to the 2002 Act (action by the appropriate authority in response to an investigation report under paragraph 22)(, a recommendation under paragraph 28ZA of Schedule 3 to the 2002 Act (recommendations by the Director General or a local policing body)(, details of the matter that has been referred and the circumstances that are being considered, and. (2)The officer concerned must, on request, be supplied with a copy of the record of the proceedings at the accelerated misconduct hearing. 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. Jesse Grabow - Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. 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. (4)Where it appears to the person conducting or chairing the misconduct proceedings that any person may, in giving evidence, disclose information which ought not to be disclosed to any person, other than a party to the proceedings, attending the proceedings because it is information to which paragraph (7) applies, they must require such attendees to withdraw while the evidence is given. (b)the officer proposes an alternative date or time which satisfies paragraph (7). (3)Where the person conducting or chairing the misconduct meeting decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, they must provide written notification of the reasons for that decision to the authority and the officer. 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. (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body; (b)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. (2)The officer concerned must give the appropriate authority. 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, any of the Regulations and provisions in paragraph (1), or, an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (P) may amount to gross misconduct(, P ceased to be a police officer before the allegation first came to the attention of a relevant body, and. (6)The report and review notes must be discussed as part of the participating officers performance and development review during the 12 month period following agreement of the report. (9)When a date and time for the misconduct meeting has been agreed under this regulation, the person conducting or chairing the misconduct meeting must inform the appropriate authority of the date, time and place of the misconduct meeting. (a) must have regard to the record of police service of the officer concerned as shown on the officer's personal record; (b) may receive evidence from any witness whose evidence would, in their. Norfolk Police officer who was filmed giving girl, 15, 'big flying kick I was told I would receive my infringement or written warning in the This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (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. 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. (6)Subject to paragraph (5), a misconduct pre-hearing must be in private. (3)The officer concerned must provide the appropriate authority with a copy of any document they intend to rely on at the misconduct proceedings.