PART 4MISCONDUCT

Procedure on receipt of inquiry officer’s reportI117

1

After considering the report submitted by the inquiry officer, the misconduct officer may—

a

take no further action; or

b

record a finding of misconduct and impose any of the disposals in paragraph (2).

2

The disposals are—

a

dismissal from the Police Service;

b

requirement to resign from the Police Service, either forthwith or at such date as is specified in the decision, as an alternative to dismissal;

c

warning;

d

requirement to attend any counselling which the misconduct officer considers to be necessary; or

e

requirement to attend any training which the misconduct officer considers to be necessary,

and separate disposals may be made in relation to separate findings.

3

The special constable concerned must be notified in writing of—

a

the finding of the misconduct officer;

b

any disposal which has been imposed by the misconduct officer; and

c

the reasons why the misconduct officer has made such a finding and imposed any such disposal,

within 7 days of such a decision being made.

4

The misconduct officer must not make a finding of misconduct and impose a disposal specified in paragraph (2) unless the special constable concerned has—

a

been given the opportunity of being heard at a meeting before the misconduct officer;

b

been provided with at least 21 days written notice of—

i

the date, place and time of such a meeting;

ii

the nature of the report, complaint or allegation; and

iii

the disposals which are available to the misconduct officer under paragraph (2); and

c

been informed of his or her right to be accompanied by a representative whom he or she may select, who must not be an interested party, to any meeting with the misconduct officer.

5

Where the special constable concerned—

a

has been given written notice of a meeting with the misconduct officer in accordance with paragraph (4)(b); and

b

does not attend that meeting with the misconduct officer,

the misconduct officer may make a finding of misconduct and impose a disposal under paragraph (2) without having heard from the special constable, if it appears to the misconduct officer just and proper to do so.