Police Act 1996

87 Guidance concerning disciplinary proceedings etc. E+W

(1) [F1 The Secretary of State may issue guidance as to the discharge of their disciplinary functions to—

(a) local policing bodies,

(b) chief officers of police,

(c) other members of police forces,

(d) civilian police employees, and

(e) the [F2 Director General of the Independent Office for Police Conduct].]

[F3 (1B) The College of Policing may, with the approval of the Secretary of State, issue guidance to the persons mentioned in subsection (1)(a) to (c) as to the discharge of their disciplinary functions in relation to members of police forces and special constables and former members of police forces and former special constables.]

(2) Nothing in this section shall authorise the issuing of any guidance about a particular case.

(3) It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates.

(4) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.

[F4 (4A) In this section “disciplinary functions” means—

(a) functions in relation to the conduct, efficiency and effectiveness of, and the maintenance of discipline of, the following persons (including functions in relation to disciplinary proceedings)—

(i) members of police forces;

(ii) special constables;

(iii) civilian police employees;

[F5 (iv) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;]

(b) functions in relation to disciplinary proceedings against persons who were, but have ceased to be, persons falling within paragraph (a).]

(5) [F6 In this section—

• “civilian police employee” means—

  (a)

  a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or

  (b)

  a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London;

• “disciplinary proceedings”—

  (a)

  in relation to a member of a police force or a special constable, or a former member of a police force or a former special constable, means any proceedings under regulations under section 50 or 51 that are identified as disciplinary proceedings by those regulations;

  (b)

  in relation to any other person, means any proceedings identified as disciplinary proceedings by regulations made by the Secretary of State for the purposes of this section.]

[F7 (6) A statutory instrument containing regulations under paragraph (b) of the definition of “disciplinary proceedings” in subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 S. 87(1) substituted for s. 87(1)-(1A) (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 32(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 4

F2 Words in s. 87(1) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 65(2)(c); S.I. 2017/1249, reg. 2 (with reg. 3)

F3 S. 87(1B) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 32(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 4

F4 S. 87(4A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 32(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 4

F5 S. 87(4A)(a)(iv) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 41(2), 183(1)(5)(e); S.I. 2017/1139, reg. 2(g) (as amended by S.I. 2017/1162, reg. 2)

F6 S. 87(5) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 32(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 4

F7 S. 87(6) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 32(6), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 4