to the officer in accordance with regulation 51(1). (b)the officer proposes an alternative date or time which satisfies paragraph (6). (3)Any person to whom this paragraph applies may make written representations to the person conducting or chairing the accelerated misconduct hearing in relation to. 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. any other matters that the Director General considers relevant. (4)The appropriate authority must take appropriate action to ensure that any lessons identified for the line management or police force concerned are addressed. 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). 1965/536) to remove the prohibition on special constables giving notice of their retirement whilst suspended or retiring pursuant to a notice given before they were suspended. where the officer concerned was a special constable at the relevant time, the police force maintained for the police area for which the officer was appointed at that time; for the definition of police officer, except in its application to regulations 4, 7 and 8, there were substituted. gave a direction to the appropriate authority under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings), there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes gross misconduct, and. 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. it must, subject to regulation 10(3), refer the case to misconduct proceedings of the form specified. in the case of joint misconduct proceedings, copied to each other officer concerned. the period of 100 working days specified in paragraph (2); the period of 30 working days specified in paragraph (5). (d)revised terms of reference under paragraph (5). (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. 55.(1)Where the officer concerned is an officer other than a senior officer, the accelerated misconduct hearing must be conducted by, (a)where the police force concerned is the metropolitan police force, an assistant commissioner, or. Here's What You Need To KnowA police officer can give you a verbal warning or a written warning for any minor traffic violation, like traffic tickets.Receiving a few minor warnings should not cause an increase in your car insurance rates.A written or verbal warning will not appear on your driving re. (3)The discussion must include, in particular, (a)a discussion of the practice requiring improvement and related circumstances that have been identified, and. (7)The appropriate authority must give written notice of the date, time and place of the appeal meeting to. (8)Prior to publication of a report under paragraph (5) the appropriate authority may, subject to paragraph (11), redact the document. (a)unless they have an appropriate level of knowledge, skills and experience to plan and manage the investigation; (c)if they work, directly or indirectly, under the management of the officer concerned, or, (d)in a case where the officer concerned is a senior officer, if they are. They operate alongside the Police (Complaints and Misconduct) Regulations 2020 (S.I. (b)where sub-paragraph (a) does not apply, may direct that the case be withdrawn. (a)consider any lists of proposed witnesses; (b)consider any documents supplied under paragraph (6), and. No changes have been applied to the text. The term is defined as a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action. New jersey state police warning ticket. 37.(1)Subject to paragraph (2), the officer concerned must attend the misconduct proceedings. (ii)for paragraph (2)(a) to (d), there were substituted paragraph (2)(a) to (c); (d)paragraphs (4), (6), (8) and (10) were omitted; (e)in paragraph (5), for the words from assess to the end, there were substituted take no disciplinary action for gross misconduct against the officer concerned.; (i)for completed the assessment under paragraph (5), there were substituted determined there is no case to answer or that no misconduct proceedings will be brought; (ii)in subparagraph (a), for the outcome of its assessment, there were substituted its determination; (i)in sub-paragraph (a), the words from of a form to the end were omitted; (ii)in sub-paragraph (b), of the form specified in the recommendation were omitted; (iii)in sub-paragraph (c), of a form specified in a recommendation were omitted; (iv)in the words after sub-paragraph (c), of the form specified were omitted. in paragraph (1), for is an officer other than a senior officer there were substituted was an officer other than a senior officer at the relevant time; in paragraph (3), for is a senior officer there were substituted was a senior officer at the relevant time. 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. 51.(1)Where a case is certified, whether under regulation 49 or under the provisions mentioned in regulation 49(7), as one where the special conditions are satisfied and referred to an accelerated misconduct hearing, the appropriate authority must as soon as practicable give the officer concerned written notice of these matters and must supply the officer with a copy of. (8)The appropriate authority must comply with a direction given under paragraph (7). subject to paragraph (5), determine as soon as practicable, which, if any, witnesses should attend the misconduct proceedings. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). (6)Cases may only be referred to joint misconduct proceedings where all or none of the officers concerned are senior officers. (2)This paragraph applies in a case where misconduct proceedings have been delayed by virtue of regulation 10(3) and the appropriate authority has certified the case as one where the special conditions are satisfied following a determination made under regulation 49(3). (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. Regulation 4 deals with the application of the Regulations and provides for the Regulations to apply with the modifications set out in Schedule 1 to former officers. (a)whether it appears that the alleged gross misconduct amounts to a criminal offence; (b)whether it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct and, if so, the extent and seriousness of the harm; (c)where it appears that a complainant or other person has been so harmed, whether that person was a vulnerable person; (d)whether it appears that the alleged gross misconduct was intentional; (e)whether it appears that the purpose or one of the purposes of the alleged gross misconduct was personal gain or benefit for the officer concerned; (f)whether it appears that the alleged gross misconduct is aggravated by discriminatory behaviour on the grounds of a persons race, gender, disability, age, religion or belief, sexual orientation or gender identity; (g)whether it appears that the officer concerned acted with one or more other persons serving with the police within the meaning of section 12(7)(a) or (c) of the 2002 Act (member of a police force or special constable under the direction and control of a chief officer); (h)the extent to which the alleged gross misconduct involved abuse of a position of trust or authority held by the officer concerned; (i)whether it appears that the officer concerned has taken steps to prevent the alleged gross misconduct being identified or to obstruct investigations into it, other than lawful steps in the officers defence; (j)whether it appears that the alleged gross misconduct has had an adverse effect on community relations; (k)whether it appears that there are mitigating circumstances arising out of the health (whether physical or mental) of the officer concerned at the time of the alleged gross misconduct, and. (i)the contents of the written notice to be given under paragraph (1)(a) to the extent to which they relate to 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; (ii)the application of the harm test under paragraph (1)(c), and. (13)Where the Director General has made a decision under regulation 24(1) to present a case. [1] 2 Move to the side of the road as quickly as possible. police staff member who, in the opinion of the chief officer, is of at least a similar level of seniority to an inspector. (a)the documents given to the person who held the misconduct meeting as specified in regulation 32(6); (b)the notice of appeal given by the officer concerned under regulation 45(3); (c)the record of the misconduct meeting taken under regulation 44(1), and. A written warning has zero effect on your driver's license or your vehicle insurance. (2)The disciplinary action has effect from the date on which it is notified to the officer concerned. (iv)the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. (9)The person determining the appeal must determine the procedure at the appeal meeting and, in so far as it is set out in these Regulations, must determine it in accordance with these Regulations. in paragraph (1)(a), misconduct or were omitted; in sub-paragraph (a), for the words from may to the end, there were substituted must take no further action against the officer concerned,; in sub-paragraph (b)(i), , indicating whether any action will be taken under paragraph (2)(a) were omitted; for the panel of persons must comprise there were substituted where the case is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons, comprising; in sub-paragraph (b), after officer concerned there were inserted was at the relevant time; in paragraph (5), for is a senior officer there were substituted was a senior officer at the relevant time. in paragraph (2), conducting or were omitted; in sub-paragraph (a), for conduct or, as the case may be, chair, there were substituted chair; in sub-paragraph (b), conducting or, as the case may be, were omitted; conduct or, as the case may be, were omitted; in paragraph (6), and (7) were omitted; in paragraph (1)(b), conducting or were omitted; in paragraph (2)(a), (b) and (c), misconduct or and , as the case may be were omitted; in paragraph (2)(c)(ii), person or were omitted. (15)The persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.; (i)in paragraph (17), At misconduct proceedings conducted by a panel, were omitted. (11)Any of the parties may apply to the chair for the misconduct hearing to take place later than is provided for in paragraph (9). (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. given to the officer in any other manner agreed between the person who is required to give the notice or document and the officer. For more information see the EUR-Lex public statement on re-use. the date on which the allegation came to the attention of the appropriate authority; the date on which notice was given under regulation 17(1); a report will be submitted under regulation 21; the reason for the length of time taken by the investigation, and. 33.(1)Where the person chairing a misconduct hearing (the chair) has decided under regulation 29(3) to conduct a misconduct pre-hearing, the chair must as soon as practicable, (a)specify a date and time for a misconduct pre-hearing, which must be within a period of 15 working days, or such extended period as the chair may specify under paragraph (10)(a), beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), and, (b)give written notice of the date, time and place of the misconduct pre-hearing to. Most commonly, a warning will be given by a law official to someone who has committed a low-level crime, and they are typically associated with driving offenses. (b)the objection must be made before the end of 3 working days beginning with the first working day after the officer concerned has been given the notice referred to in paragraph (7), and. (7)The officer concerned (or the officers police friend) may make representations against suspension to the appropriate authority. (5)At the beginning of the misconduct proceedings, the person conducting or chairing the misconduct proceedings must give the officer concerned the opportunity to say whether or not the officer accepts that the officers conduct amounts to misconduct or gross misconduct, as the case may be. the hearing may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented. (6)If the appropriate authority assesses that the conduct if proved would amount to misconduct or gross misconduct, the investigator must continue to proceed with the investigation that has been commenced. by the officer concerned to the appropriate authority in accordance with regulation 54, or. (3)The person conducting or chairing the misconduct proceedings must. 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. the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. the power referred to in paragraph (9) to apply for an extension of the periods of time referred to in paragraphs (2) and (6) lies with the Director General and not with the appropriate authority or the originating authority. whether it appears that the alleged gross misconduct has had an effect on relations between the public and the police, including relations between the members of the community where the alleged gross misconduct occurred and the police force concerned; the extent of any apparent harm to public confidence in the police, and, in particular, in the police force concerned; the effect that a decision not to take disciplinary proceedings might have on public confidence in the police, and, When assessing the public interest for the purposes of paragraph (2)(c), the matters which the Director General must take into account are, 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). (12)Where evidence is given or considered at the misconduct proceedings that the officer concerned, (a)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. To find more information on how to pay your infringement see pay your infringement. (Then the insurance companies will know.) only asked coz he wrote $167 beside it. ), or. must have regard to the record of police service of the officer concerned as shown on the officers personal record; may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to. it must, if the investigation was incomplete, return the case to the investigator to complete the investigation or, in any other case, proceed in accordance with Part 4. (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). On Friday, I was driving back to the office midday and a police officer pulled me over. (2)Subject to regulation 4(7), the Regulations and provisions mentioned in paragraph (1) and regulations 2(1) and 10(1)(a) of the Police Barred List and Police Advisory List Regulations 2017(32) as in force immediately before these Regulations come into force continue to have effect in relation to, (b)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, (i)any of the Regulations and provisions in paragraph (1), or. the Director Generals relevant lawyer, where the Director General is presenting the case or would be entitled to attend the misconduct hearing under regulation 38(1). Any period of time specified in this Part in relation to misconduct proceedings may be reduced by agreement between the appropriate authority or, as the case may be, the originating authority, the officer concerned, where the Director General is presenting the case, the Director General, and the person conducting or chairing the misconduct proceedings. This process does not amount to disciplinary proceedings, as defined in regulation 2(1). stating the grounds of appeal and whether a meeting is requested. (b)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. Welcome to the Lincolnshire Police website. (5)The appropriate authority must as soon as practicable give the officer concerned written notice of. consult each of the officers concerned as regards the timing of the misconduct pre-hearing, and. before the end of 7 working days beginning with the first working day after the report is given to the officer under regulation 43 (unless this period is extended by the appropriate authority for exceptional circumstances), and. (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(3)in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). (8)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 a final written warning in force, neither a written warning nor a final written warning may be given. (ga)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; (d)in sub-paragraph (h), after 18(1), there were inserted , 20A(2). 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. for paragraph (2)(a) to (d), there were substituted paragraph (2)(a) to (c); paragraphs (4), (6), (8) and (10) were omitted; in paragraph (5), for the words from assess to the end, there were substituted take no disciplinary action for gross misconduct against the officer concerned.; for completed the assessment under paragraph (5), there were substituted determined there is no case to answer or that no misconduct proceedings will be brought; in subparagraph (a), for the outcome of its assessment, there were substituted its determination; in sub-paragraph (a), the words from of a form to the end were omitted; in sub-paragraph (b), of the form specified in the recommendation were omitted; in sub-paragraph (c), of a form specified in a recommendation were omitted; in the words after sub-paragraph (c), of the form specified were omitted. This is a debugging block . (2)The appropriate authority must make reasonable enquiries in order to determine the last known address of the officer concerned for the purposes of paragraph (1)(b).. the officer complies with regulation 31(2) and (3); the expiry of the 15 working day period referred to in regulation 31(1)(a), if the officer has not complied with regulation 31(2) and (3) within that period, or. (b)the officer proposes an alternative date or time which satisfies paragraph (7). A police warning ticket is often issued for minor traffic violations, such as speeding or failing to come to a complete stop at a stop sign. a copy of any such document, where it has not already been supplied. (3)This Part applies where a matter has been referred to be dealt with under the reflective practice review process. (a)a reference to an officer other than a senior officer includes a reference to a special constable, regardless of the officers level of seniority; (b)a reference to a copy of a statement, where it was not made in writing, is to be construed as a reference to a copy of an account of that statement. (g)any other matters that the Director General considers relevant. in paragraph (ii), misconduct or and , as the case may be were omitted; in paragraph (iv), for the words from conduct to a chair, there were substituted chair the misconduct proceedings and; in paragraph (vi), in relation to the form of misconduct proceedings to which the case is being referred were omitted; after paragraph (vii), and were omitted; after paragraph (viii), there were inserted, the fact that the officer will be subject to disciplinary proceedings under these Regulations, and. in submitting any information or by not submitting any information at all under regulation 18(1) or 31(2) or (3) (or, where paragraph (13) applies, regulation 54) of these Regulations or under regulation 20 of the Complaints and Misconduct Regulations, in the case of a misconduct meeting, to misconduct or not, or. (c)provide the Director General with a copy of the written notices given under paragraphs (1) and (2). (11)In a case to which paragraph 18 or 19 of Schedule 3 to the2002 Act(directed and independent investigations) applied, the appropriate authority must consult withthe Director General, (a)in deciding whether or not to suspend the officer concerned under this regulation, and. (a)must have regard to the record of police service of the officer concerned as shown on the officers personal record; (b)may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to, (ii)a registered medical practitioner, or. The officer that stops you will know you've been issued the written warning recently during a prior traffic . (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. where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period. the appropriate authority may make a determination, or in the case of an accelerated misconduct hearing must make a further determination, as to whether the special conditions are satisfied. (4)Where a date and time is specified under paragraph (3) and, (a)the officer concerned or the officers police friend will not be available, and. consider any lists of proposed witnesses; consider any documents supplied under paragraph (6), and. (4)Subject to regulation 39(3) and (5), a complainant or interested person may be accompanied at a misconduct meeting by one other person, and if the complainant or interested person has a special need, by one further person to accommodatethat need. (8)The appeal meeting must not be held until the person determining the appeal has received a copy of the documents under regulation 45(13). (9)The person conducting or chairing the accelerated misconduct hearing may dispense with the requirement under paragraph (5) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (8)(a) or (b). (4)The person determining the appeal must specify a date and time for the appeal meeting. 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. (10)Where the Director General has made a decision under regulation 24(1) to present a case, the appropriate authority must. (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. (14)At the misconduct pre-hearing the chair may issue directions including, but not limited to, the matters set out in this regulation, other than paragraph (8)(f).