where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. orally, in which case the appropriate authority must confirm the suspension in writing with a summary of the reasons before the end of 3 working days beginning with the first working day after the suspension. (b)return the case to the appropriate authority to deal with in accordance with Part 4. (b)terms of reference under paragraph (2); (c)a written notice under paragraph (4), or. 17.(1)Subject to the harm test and except where paragraph (6) applies by virtue of sub-paragraph (a) of that paragraph, the investigator must, as soon as reasonably practicable after being appointed, give the officer concerned a written notice stating. (b)police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (15)Paragraph (16) applies where an officer is dismissed at a misconduct hearing. whether the chair should require notice to be given under paragraph (1); which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. 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. (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. 27.(1)Subject to paragraph (4), at any time before the beginning of the misconduct proceedings, the appropriate authority, (a)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satisfied that there is a case to answer in respect of misconduct or gross misconduct, must direct that the case be withdrawn, and. the first relevant period is the period of 12 months beginning with the day on which the allegation first came to the attention of the appropriate authority; each subsequent relevant period is the period of 6 months beginning with the day after the end of the previous relevant period. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. . by the officer concerned to the appropriate authority in accordance with regulation 54, or. 58.(1)Subject to paragraph (5), in any case where. might prejudice the investigation or any other investigation (including, in particular, a criminal investigation). (8)The circumstances in which the Independent Office for Police Conduct is a relevant authority for the purpose of section 84(5) of the 1996 Act (power to prescribe in regulations, in relation to representation at proceedings, circumstances in which the relevant authority includes the Independent Office for Police Conduct) are prescribed as being where the Director General has made a decision under regulation 24(1) to present the case. any other matters that the Director General considers relevant. 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. (b)in any other case, cause the witness to be given notice that their attendance is necessary and of the date, time and place of the proceedings. (7)The person representing the appropriate authority may, (a)address the hearing in order to do any or all of the following, (iii)respond on behalf of the authority to any view expressed at the accelerated misconduct hearing, and, (8)The person representing the officer concerned may, (iii)respond on behalf of the officer to any view expressed at the accelerated misconduct hearing, and. (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. in paragraph (2)(a), if it is a misconduct hearing were omitted; in paragraphs (2)(c), (3) and (4), conducting or were omitted. (9)If the appropriate authority upholds the objection, the person to whom the officer concerned objects must be replaced (in accordance with regulation 8(6) and (7) or paragraph (4) as appropriate). (3)Where practicable, the investigator must give the officer concerned the written terms of reference, or, as the case may be, the written notice, under paragraph (2), at the same time as notice is given under paragraph (1), or otherwise within a period of 5 working days, beginning with the first working day after the day on which such notice is given. 56.(1)Prior to the accelerated misconduct hearing the appropriate authority must supply the person conducting or chairing the accelerated misconduct hearing with a copy of. any other document which might reasonably be considered capable of undermining or assisting the case. the misconduct pre-hearing must be postponed to the date or time proposed by the officer. (b)complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) applied. (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. 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. I was driving somewhere in the afternoon and a cop pulled me over for speeding. (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. What exactly does a warning ticket mean? Do I take the ticket - Avvo (c)subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (e)necessary and proportionate for the protection of the welfare and safety of any informant or witness; 40.(1)This regulation applies in the case of misconduct proceedings arising from, (a)a conduct matter under Schedule 3 to the 2002 Act(handling of complaints and conduct matters etc. the words from the beginning to panel, were omitted; for that panel there were substituted the panel; in paragraph (10), the words from or to to regulation 40(6), were omitted. 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. Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances. BTW, my ticket . 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. (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. 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. (a)in paragraph (1), for sub-paragraph (c), there were substituted. Written Warning Notice For Traffic Violation - RustyBrick You go to the desk, hand them the warning. I honestly had no clue why he pulled me over. (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. This is the original version (as it was originally made). (9)The chair must determine whether it would be in the interests of justice for the application to be granted, provided that the date fixed for the commencement of the hearing must be within the period specified in paragraph (2), or such period as extended under paragraph (6)(a). (6)Subject to the harm test and to paragraph (10), the person chairing a misconduct hearing must require the appropriate authority or, as the case may be, the originating authority, to publish the report submitted under paragraph (1). (a)in paragraph (1), after practicable there were inserted and subject to regulation 20A; (b)in paragraph (5), for the words from must to the end there were substituted must be reasonable.. Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017. On Friday, I was driving back to the office midday and a police officer pulled me over. (9)The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during the misconduct proceedings. paragraph (a) of the definition of disciplinary proceedings in section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings etc. the officer concerned or their police friend will not be available, and. (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. Thomas C Gallagher. the report submitted under paragraph (1), and. (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. (18)Where the Director General has made a decision under regulation 24(1) to present a case, paragraph (6) must be read as if for The person representing the appropriate authority or, as the case may be, the originating authority there were substituted The Director General. where relevant, the fact that the case has been referred to joint misconduct proceedings under regulation 25; a copy of any statement the officer may have made to the investigator during the course of the investigation, and, 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 which relates to the officer), and. (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. (16)The person chairing a misconduct hearing must provide any information to the appropriate authority or, as the case may be, the originating authority, that the person considers ought to be included by virtue of regulation 3(2)(l) of the Police Barred List and Police Advisory List Regulations 2017(52)in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (12)Reduction in rank may only be imposed under this regulation where the persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority or, as the case may be, the originating authority, including in relation to the likely operational impact. in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. No changes have been applied to the text. (b)determine the date and time of the misconduct meeting, which must fall within the period specified in paragraph (7)(b). The appropriate authority must cause a record to be kept of disciplinary proceedings brought against every officer concerned, together with the finding and decision on disciplinary action and the decision in any appeal by the officer. Charges can be civil or criminal dependent on the seriousness of the offense. (8)At the misconduct pre-hearing the chair must. (6)Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the chair for provision of such representations. (d)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. (a)provide an accurate summary of the evidence; (b)attach or refer to any relevant documents; (c)indicate the investigators opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer, and. (6)Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the person conducting or chairing the accelerated misconduct hearing for provision of such representations. 5. (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. (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. 42.(1)The person conducting or chairing misconduct proceedings may, subject to the provisions of this regulation. regulation 1 in so far as it applies to the 2012 Regulations; regulation 2(1) and (3) (transitional provision); Part 2 (amendment of the 2012 Regulations); Schedule 1 (modifications to the 2012 Regulations). These Regulations may be cited as the Police (Conduct) Regulations 2020 and come into force on 1st February 2020. DPS Warning Tickets | TexAgs 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; 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). This Part does not apply to a case to which paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applies(38). (b)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. This site is a beta, which means it's a . Mostly, these are not filed with courts; rather, it's just for your understanding and awareness of what happened. (ii)if the officer 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. (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. (11)Where the officer concerned objects to the complainant or interested person being present whilst a submission is made in mitigation on the officers behalf, the person determining the appeal may require the complainant or interested person to withdraw while the submission is made. 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)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). Citations go into the legal system and can be pursued or defended in state court. (b)that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate. (a)the appropriate authority is the chief officer of any police force, and. (2)Subject to regulation 49, on receipt of a report submitted under paragraph 22 of Schedule 3 to the2002 Act(final reports on investigations)(39), in making a determination under paragraph 24(6) of that Schedule (action in response to an investigation report)(40) as to what action to take in respect of matters dealt with in that report, the appropriate authority must, as soon as practicable determine.