The Police (Performance) Regulations 2020

Arrangement of a third stage meeting without a prior first or second stage meeting E+W

33.—(1) Where the appropriate authority has informed the officer concerned under regulation 32(2) that the officer is required to attend a third stage meeting, the appropriate authority must as soon as reasonably practicable give the officer a written notice—

(a) referring to the requirement that the officer attend a third stage meeting with a panel appointed by the appropriate authority;

(b) informing the officer of the procedures for determining the date and time of the meeting under regulation 38;

(c) summarising the reasons why the officer’s performance is considered to constitute gross incompetence;

(d) informing the officer of the possible outcomes of the meeting;

(e) informing the officer that if the outcome is dismissal (whether with notice or with immediate effect), the officer’s full name and a description of the conduct which led to dismissal will be added to the police barred list;

(f) informing the officer that a human resources professional and a police officer may attend the meeting to advise the panel on the proceedings;

(g) informing the officer that a relevant lawyer may attend the meeting to advise the panel on the proceedings and on any question of law that may arise at the meeting;

(h) where the officer is a special constable, informing the officer that a special constable must attend the meeting to act as an advisor to the panel;

(i) in a case to which regulation 40 applies, informing the officer that the Director General may attend the meeting to make representations;

(j) in a case to which regulation 41 applies, informing the officer that the complainant or any interested person may attend the meeting as an observer;

(k) in a case to which regulation 42(5) applies, informing the officer that a person nominated by the Director General may attend the meeting as an observer;

(l) informing the officer that, if the officer consents, any other person specified in the notice may attend the meeting;

(m) in a case to which regulation 42(10) applies, informing the officer that the Director General may direct that the whole or part of the meeting be in public;

(n) F1 ... informing the officer that the officer may seek advice from a representative of a staff association;

(o) informing the officer of the effect of regulation 6; and

(p) informing the officer that the officer may be accompanied at the meeting by a police friend.

(2) The notice must be accompanied by a copy of—

(a) any document relied on by the appropriate authority when it formed the view referred to in sub-paragraph (a) of regulation 32(1), in a case where regulation 32 applies by virtue of that sub-paragraph, or

(b) subject to the harm test under these Regulations (see regulation 4(3))—

(i) the investigator’s report under paragraph 22 or 24A of Schedule 3 to the 2002 Act (reports of final investigations) and the determination of the Director General under paragraph 23(5A)(b) (duties of Director General on receipt or completion of report on investigation), or

(ii) in a case where regulation 32 applies by virtue of paragraph (1)(b), (c) or (d), the recommendation of the Director General made under paragraph 25(4C)(c) (reviews with respect to an investigation) or paragraph 27(3A) (recommendation of Director General to appropriate authority), or the recommendation of a local policing body made under paragraph 25(4E)(c), of that Schedule.

Textual Amendments

F1 Words in reg. 33(1)(n) omitted (28.6.2022) by The Special Constables (Membership of the Police Federation etc.) (England and Wales) Regulations 2022 (S.I. 2022/505), regs. 1(2), 6(4)(e)

Commencement Information

I1 Reg. 33 in force at 1.2.2020, see reg. 1