PART 2GOVERNMENT

Contents of personal records15

1

The chief officer of a police force shall cause a personal record of each member of the police force to be kept.

2

The personal record shall contain—

a

a personal description of the member;

b

particulars of the member’s place and date of birth;

c

particulars of his marriage F2or civil partnership (if any) and of his children (if any);

d

a record of his service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service;

e

a record of his service (if any) in any other police force and of his transfers (if any) from one police force to another;

F1ea

a record of his service (if any) in the Royal Parks Constabulary;

f

a record of whether he passed or failed to pass any qualifying examination at which he was a candidate;

g

a record of his service in the police force and the date of his ceasing to be a member of the police force with the reason, cause or manner thereof.

3

The record of service kept in accordance with paragraph (2)(g) shall include particulars of all promotions, postings, removals, injuries received, periods of illness, commendations, rewards, sanctions other than cautions imposed under regulation 31 of the Police (Conduct) Regulations 1999M1F5, regulation 35 of the Police (Conduct) Regulations 2004 or under regulation 17 of the Police (Efficiency) Regulations 1999 M2 but, subject to paragraph (4)—

i

a sanction of a fine or of a reprimand shall be expunged after 3 years free from sanction other than a caution;

ii

any other sanction shall be expunged after 5 years free from sanction other than a caution,

iii

a sanction under regulation 17 of the Police (Efficiency) Regulations 1999 shall be expunged after 2 years free from any such sanction.

4

In the case of a period free from sanction other than a caution which expired before 1st January 1989, a sanction shall be expunged under paragraph (3) only if the member so requests.

F34A

Subject to paragraphs (4B), (4C) and (5A), the record of service kept in accordance with paragraph (2)(g) shall also include particulars of all—

a

disciplinary action, save for management advice—

i

taken under regulation 35, 40 or 55 of the Police (Conduct) Regulations 2008; or

ii

ordered following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008;

b

written improvement notices issued under regulation 15 or varied under regulation 18 of the Police (Performance) Regulations 2008;

c

final written improvement notices issued under regulation 22 or varied under regulation 25 of the Police (Performance) Regulations 2008; and

d

outcomes, save for redeployment to alternative duties, ordered under regulation 38 of the Police (Performance) Regulations 2008 or following an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 2008.

4B

In relation to a record of service—

a

a written warning shall be expunged after the expiry of the period of 12 months as referred to in regulation 3(3)(a) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations);

b

a final written warning shall be expunged—

i

after the period of 18 months as referred to in regulation 3(3)(b) of the Police (Conduct) Regulations 2008 (subject to regulation 3(4) of those Regulations); or

ii

in the event of a final written warning being extended under regulation 35(6)(b) or 55(2)(b) of the Police (Conduct) Regulations 2008, on the expiry of that extended warning;

c

a reduction in rank shall be expunged after 5 years from the date the officer concerned was reduced in rank; and

d

a written improvement notice or a final written improvement notice issued or extended shall be expunged at the end of the validity period of such notice as defined in the Police (Performance) Regulations 2008 unless in relation to such a notice a period mentioned in regulation 10(2) of those Regulations has been extended beyond 12 months, in which case that notice shall be expunged at the end of such extended period.

4C

A written warning or final written warning shall not be expunged from the record of service where before the time period expires for the written notice or final written notice to be expunged under paragraph (4A)(a) or (b) a written notice is served on the officer concerned under regulation 15 of the Police (Conduct) Regulations 2008 or under regulation 14A of the Police (Complaints and Misconduct) Regulations 2004. In such cases, the written warning or final written warning shall remain on the record of service until the conclusion of the disciplinary proceedings for which the written notice was served.

5

Where following a review of a sanction imposed under regulation 31 of the Police (Conduct) Regulations 1999 or under regulation 17 of the Police (Efficiency) Regulations 1999 the reviewing officer substitutes for the decision of the conduct hearing or, as the case may be, inefficiency hearing a decision that the member concerned had not failed to meet the appropriate standard or, as the case may be, that the performance or attendance of the member concerned was not unsatisfactory, the sanction imposed by that hearing shall be expunged forthwith.

F45A

Where, following an appeal meeting under the Police (Conduct) Regulations 2008, a first stage appeal meeting or second stage appeal meeting under the Police (Performance) Regulations 2008 or an appeal to a police appeals tribunal under the Police Appeals Tribunals Rules 2008, the person or persons hearing the appeal decide to reverse, revoke, vary the terms of or impose a different disciplinary action, outcome or notice, the previous disciplinary action, outcome or notice which was the subject matter of the appeal shall be expunged forthwith.

6

A member of a police force shall, if he so requests, be entitled to inspect his personal record.