70.(1)The reviewer must, following completion of the discussion stage, produce a reflective review development report. (2)Except as set out in paragraph (8), these Regulations also apply, with the modifications set out in Schedule 1, where, (a)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(33), and. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. 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. (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. impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; where they find the conduct amounts to neither gross misconduct nor misconduct, direct that the matter is referred to be dealt with under the reflective practice review process. Report a crime, contact us and other services, plus crime prevention advice, crime news, appeals and statistics. where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (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 investigator must, as part of the investigation, consider any such statement or document and must make a record of having received it. an appeal from misconduct proceedings or from an accelerated misconduct hearing under the Police Appeals Tribunals Rules 2020(15), but, for the purposes of the following provisions, disciplinary proceedings only includes misconduct proceedings mentioned in paragraph (a) and a hearing mentioned in paragraph (b) of this definition. (15)The person or persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts, (a)in the case of a misconduct meeting, to misconduct or not, 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. 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. (b)fall before the end of 5 working days beginning with the first working day after the day specified by the chair. (11)Paragraph (12) applies where an officer is dismissed at an accelerated misconduct hearing. (ii)the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as the case may be; (iii)where functions in relation to the administration of the hearing have been delegated under regulation 26(1), the details of the authority to whom they have been delegated; (iv)the name of the person appointed to conduct (in the case of a misconduct meeting for an officer other than a senior officer) or chair (in any other case) the misconduct proceedings and, in the case of a chair, confirmation that the person has been selected on a fair and transparent basis; (v)the effect of paragraphs (3) to (6) of this regulation; (vi)the effect of regulation 8(1) to (3) in relation to the form of misconduct proceedings to which the case is being referred; (vii)where relevant, the fact that the Director General has made a decision under regulation 24(1) to present the case, and. 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. . (2)An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations. If you are stopped again, the Trooper will be able to see when, where and for what you were warned. an employee of the Common Council of the City of London who is under the direction and control of a chief officer; practice requiring improvement means underperformance or conduct not amounting to misconduct or gross misconduct, which falls short of the expectations of the public and the police service as set out in the Code of Ethics issued by the College of Policing under section 39A of the Police Act 1996 (codes of practice for chief officers)(23); pre-commencement allegation means an allegation against a police officer which came to the attention of a local policing body or a chief officer of police before 1st February 2020; proposed witness means a witness whose attendance at the misconduct proceedings the officer concerned or the appropriate authority, as the case may be, wishes to request of the person conducting or chairing those proceedings; reflective practice review process means the process set out in Part 6; relevant lawyer has the meaning given to it by section 84(4) of the 1996 Act (representation etc. (a)a chair appointed by the local policing body, selected on a fair and transparent basis from the list of legally qualified persons maintained by the local policing body for the purpose of these Regulations; (b)a member of a police force of the rank of superintendent or above (provided the member is of a more senior rank than the officer concerned), appointed by the appropriate authority, and. (2)The appropriate authority must notify the complainant and any interested person of the date, time and place of the misconduct proceedings and, if applicable, of their right to make representations under regulation 36(3). This is the citation or ticket. Regulation 13 provides that this Part does not apply to a case to which paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act applies (investigations by an appropriate authority on its own behalf and investigations directed or undertaken by the Director General). Welcome to the Lincolnshire Police website. To find more information on how to pay your infringement see pay your infringement. the fact 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; in sub-paragraph (c), after paragraph (i), and were omitted and there were inserted, in the case of a Condition C person, any written statement or document provided to the Director General under regulation 4B(3) and any response to a consultation carried out under regulation 4B(4), and. (iii)reduction in rank, where paragraph (5) or (6) applies; (iv)dismissal without notice, where paragraph (5) or (6) applies; (b)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15). to comply with a direction to give effect to a recommendation to bring misconduct proceedings of a form specified in a recommendation made under paragraph 25(4C) of that Schedule. A warning ticket in new jersey,for failure to maintain lane, (the tropper was on my bumper for over a mile ,it was late at night,is it kept on file? a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839(9); allegation means an allegation relating to a complaint, conduct matter or practice requiring improvement; appeal meeting means a meeting held in accordance with regulation 46; appropriate authority means, subject to regulation 26(3). (7)As soon as practicable after it has completed the assessment under paragraph (5), the appropriate authority must, (a)inform the officer concerned of the outcome of its assessment, and. 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. 1965/536 to which there are amendments not relevant to these Regulations. the documents that may be provided under paragraph (1)(c)(ii); comply with any direction given by the Director General in relation to the matters specified in sub-paragraph (a), and. Warnings are not recorded on an individual's driving record, cannot be used to raise insurance rates, and don't result in a fine. Leave this site. 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. Information in documents which are stated to be subject to the harm test under these Regulations must not be supplied to the officer concerned in so far as the appropriate authority considers that preventing disclosure to the officer is. Paragraph 23(5A) of Schedule 3 to the 2002 Act was inserted by paragraphs 9 and 26(1) and (2) of Schedule 5 to the Policing and Crime Act 2017 and was amended by paragraphs 15 and 56(1) to (3) and (16)(c)(ii) of Schedule 9 to that Act. A citation or ticket is a summons issued by law enforcement to somebody breaking traffic laws. participating officer means the police officer whose actions or behaviour are subject to the reflective practice review process, and. When asked if I knew why I was stopped, I admitted to speeding. (6)The person representing the appropriate authority or, as the case may be, the originating authority may, (a)address the proceedings in order to do any or all of the following. Police officers do not abuse their powers or authority and respect the rights of all individuals. You get it fixed and then you take your car and the warning and you go to the police station within 10 days. (5)When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are. in paragraph (1), for sub-paragraph (c), there were substituted. (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. (iii)respond on behalf of the authority to any view expressed at the proceedings; (iv)make representations concerning any aspect of proceedings under these Regulations, and, (v)subject to paragraph (10), ask questions of any witnesses, and, (7)The person representing the officer concerned may, (a)address the proceedings in order to do all or any of the following. (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). Amendments are cited elsewhere in these Regulations, where relevant. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (9)Subject to paragraph (10)(b) and (11), the misconduct hearing must take place before the end of 30 working days beginning with the date of the misconduct pre-hearing. The way to avoid that would be to set up a court appearance rather than pay the fine. after 18(1) there were inserted , 20A(2); for of the Complaints and Misconduct Regulations there were substituted or 21A(2) of the Complaints and Misconduct Regulations, as modified by regulation 42 of, and Schedule 2 to, those Regulations; in paragraphs (14) and (16), person or were omitted; for paragraph (15) there were substituted. would be entitled to attend the misconduct hearing under regulation 38(1). A written warning from a police officer to a driver is in lieu of a traffic ticket. (10A)Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (14) applies.. (ii)any arguments on points of law they wish to be considered by the person or persons conducting the misconduct proceedings. 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. an invitation to provide an account of the matter that has been referred for review. (a)the name of the person appointed to determine the appeal under paragraph (4); (b)the name of any person appointed under regulation 8(6) to advise the person determining the appeal, and. (b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by appropriate authority on its own behalf) applied andthe Director General. if the officer concerned is subject to such a finding, the officer will be included in the police barred list; subject to the harm test, set out 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; set out the persons rights under paragraph (3); in the case of the officer concerned, state that the officer has the right to seek advice from the officers staff association or any other body and the effect of regulation 7(1) and (2). 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. I was driving somewhere in the afternoon and a cop pulled me over for speeding. (9)Where the circumstances prescribed in paragraph (8) apply, the Director General may be represented by a relevant lawyer. (4)In this regulation relevant document, (a)means a document relating to any matter under investigation, and. the officer proposes an alternative date or time which satisfies paragraph (6). a summary of the issue and any relevant background circumstances; a summary of the reflective practice review discussion; key actions to be undertaken within a specified time period; any lessons identified for the participating officer; any lessons identified for the line management or police force concerned; a specified period of time for reviewing the report and the actions taken. (iii)reduction in rank, where paragraph (5) or (6) applies; (iv)dismissal without notice, where paragraph (5) or (6) applies; (b)where the person conducting or chairing the misconduct proceedings decides the conduct of the officer concerned amounts to gross misconduct, in accordance with regulation 41(15). 6. Also, as happened to me in Guthrie, it enables a "no contest" plea, which involves the regular fine, a stern warning from the judge, and no other punishment - if one doesn't get another in 6 months. A warning ticket is one of these options and can have a lasting impact on how your brand performs and your status with the FMCSA. after regulation 18(1) there were inserted , 20A(2); after regulation 20 there were inserted or 21A(2); after Regulations, there were inserted (as modified by regulation 42 of and Schedule 2 to those Regulations). (2)Where the officer concerned informs the person conducting or chairing the misconduct proceedings in advance that the officer is unable to attend on grounds which the person conducting or chairing those proceedings considers reasonable, that person may allow the officer to participate in the proceedings by video link or other means. (b)one of the conditions set out in paragraph (3) is satisfied. 2. Police officers are diligent in the exercise of their duties and responsibilities. (5)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 an accelerated misconduct hearing is prescribed as the panel. The officer may simply write a note on the ticket indicating the violation and explaining that it is a warning. (b)the proceedings may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. the chief officer or acting chief officer of any police force at the relevant time, the local policing body for the forces area; any other police officer at the relevant time, the chief officer of police of the police force concerned;; (v)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; (vi)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; (aa), other than in regulation 23(2)(a) and the first reference to misconduct in regulation 23(2)(b), were omitted; (bb)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; (viii)in the definition of misconduct hearing, after disciplinary action, there were inserted for gross misconduct; (ix)for the definition of misconduct proceedings, there were substituted. 40. conduct matter under Schedule 3 to the2002 Act(handling of complaints and conduct matters etc. 52.(1)The appropriate authority must specify a date for the accelerated misconduct hearing which must be not less than 10 and not more than 15 working days after the date on which notice is given under regulation 51(1) and must as soon as practicable, (a)notify the officer concerned and the person conducting or chairing the accelerated misconduct hearing of the date, time and place of that hearing, and. 36.(1)The person chairing a misconduct hearing (the chair) may require the appropriate authority or, as the case may be, the originating authority, to give notice of the hearing which contains information relating to one or more of, (d)the place at which the hearing will take place, and. (3)The appropriate authority must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of that report. (8)Prior to the misconduct proceedings, the appropriate authority or, as the case may be, the originating authority, must supply the officer concerned with, (a)a list of the documents supplied under paragraph (6), and. where the officer concerned is a senior officer, of the right of appeal to a police appeals tribunal. P ceased to be a police officer before the allegation first came to the attention of a relevant body; 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. (b)request a response to any such question from the officer concerned within a specified period. 63.(1)The person conducting or chairing the accelerated misconduct hearing must, before the end of a period of 5 working days beginning with the first working day after the completion of the accelerated misconduct hearing, submit a report to the appropriate authority, setting out. 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. (c)give such directions as they think appropriate prohibiting the publication of any matter relating to the hearing. (10)Subject to the provisions of this regulation, any interested person or complainant entitled to be given notice of the appeal meeting under paragraph (7) may attend the appeal meeting as an observer. (b)it is in the public interest for the officer concerned to cease to be a member of a police force or a special constable without delay. (3)If at any time during the fact-finding stage substantial evidence becomes available to the reviewer, which was not available to the appropriate authority when the matter was referred to be dealt with under the reflective practice review process, the reviewer must refer the matter to the appropriate authority for a further assessment under regulation 14. (b)makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases)(35) in relation to a matter on or after 1st February 2020. these Regulations apply regardless of when the complaint or matter came to the attention of the appropriate authority.
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