The Police (Conduct) Regulations 2012

[F1 Modification: substitution of regulation 35 (outcome of misconduct proceedings) E+W

33.   These Regulations are to be read as if for regulation 35 there were substituted—

“Outcome of misconduct hearing

35.— (1) Subject to the provisions of this regulation, the persons conducting a misconduct hearing in the case of an officer other than a senior officer may—

(a) where they find the conduct amounts to gross misconduct, impose disciplinary action; or

(b) where they find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action.

(2) Subject to the provisions of this regulation, at a hearing held under regulation 34 in the case of a senior officer, the appropriate authority may—

(a) where the finding set out in the report is that the conduct amounted to gross misconduct, impose disciplinary action; or

(b) where the finding set out in the report is that the conduct amounted to misconduct but not gross misconduct, record a finding of misconduct but take no further action.

(3) Where the question of disciplinary action is being considered, the person or persons considering it—

(a) shall have regard to the record of police service of the officer concerned as shown on his personal record;

(b) may receive evidence from any witness whose evidence would, in his or their opinion, assist them in determining the question; and

(c) shall give—

(i) the officer concerned, his police friend or his relevant lawyer; and

(ii) in the case of an officer other than a senior officer, the appropriate authority or person appointed to represent the appropriate authority in accordance with regulation 7(4),

an opportunity to make oral or written representations before any such question is determined.

(4) Paragraph (5) applies in the case of an officer in relation to whom disciplinary action is imposed at a misconduct hearing.

(5) The chair of the panel which conducted the misconduct hearing may provide any information to the appropriate authority that the chair considers ought to be included by virtue of regulation 3(2)(l) of the Police Barred List and Advisory List Regulations 2017 in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).”.]

Textual Amendments

F1 Sch. 3 inserted (15.12.2017) by The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 (S.I. 2017/1134), reg. 1(1), Sch. 1 (with reg. 2)