Part 5Third Stage

Outcomes38

1

If the panel make a finding that, in a case falling within regulation 26(2) or (4), the performance or attendance of the officer concerned has been unsatisfactory they may, subject to paragraph (4), order—

a

one of the outcomes mentioned in paragraph (3)(a), (c) or (f); or

b

where the panel are satisfied that there are exceptional circumstances which justify it, the outcome mentioned in paragraph (3)(d).

2

If the panel make a finding that, in a case falling within regulation 28, the performance of the officer concerned constitutes gross incompetence, they may order one of the outcomes mentioned in paragraph (3)(b), (c), (e) or (f).

3

The outcomes mentioned in this paragraph are:

a

dismissal of the officer concerned with notice, the period of such notice to be decided by the panel, subject to a minimum period of 28 days;

b

dismissal of the officer concerned with immediate effect;

c

reduction in rank of the officer concerned with immediate effect;

d

an extension of the final written improvement notice;

e

the issue of a final written improvement notice;

f

redeployment to alternative duties (which may involve a reduction of rank) within the force.

4

The panel may not order the outcome mentioned in paragraph (3)(c) where the third stage meeting relates to the attendance of the officer concerned.

5

If the panel make a finding, in a case falling within regulation 28, of unsatisfactory performance, they must order the issue of a written improvement notice.

6

A written improvement notice or a final written improvement notice issued under this regulation is to—

a

state in what respect the performance or attendance of the officer concerned (as the case may be) is considered unsatisfactory or grossly incompetent;

b

state the improvement that is required in their performance or attendance;

c

state that, if a sufficient improvement is not made within such reasonable period as the panel specifies (being a period not greater than 12 months), the officer concerned may be required to attend a second stage meeting (in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice) and state the date on which this period ends;

d

state that it is valid for a period of 12 months from the date of the notice;

e

state that, if the sufficient improvement referred to in sub-paragraph (c) is not maintained during any part of the validity period remaining after the expiry of the period specified in accordance with sub-paragraph (c), the officer may be required to attend a second stage meeting (in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice); and

f

be signed and dated by the panel chair.

7

Where the panel orders an extension of a final written improvement notice—

a

the notice is to be amended—

i

to state that if the officer concerned does not make a sufficient improvement within such reasonable period as the panel specifies (being a period not greater than 12 months) the officer may be required to attend another third stage meeting; and

ii

to state the date on which this period ends;

b

the panel may vary any of the other matters recorded in the notice;

c

the notice is valid for a further period of 12 months from the date of the extension and is to state the date on which it expires.