The Police Barred List and Police Advisory List Regulations 2017

PART 3 The Advisory List

Report by relevant authority under section 88I: timing and content

12.—(1) Where the relevant authority(1) is required to report a person (“P”) to the College under section 88I(1), the authority must do so before the end of 5 working days beginning with—

(a) where any of paragraphs (a) to (c) of section 88I(1) applies to P, the date of the relevant event;

(b) where paragraph (d) of section 88I(1) applies to P, the date the relevant event comes to the attention of the relevant authority.

(2) The report must include the following information—

(a) P’s full name;

(b) the police force concerned;

(c) P’s date of birth;

(d) where paragraph (a) of section 88I(1) applies to P—

(i) whether P was a police officer or a civilian police employee at the relevant time;

(ii) where P was a police officer at that time, P’s rank at that time and any number used at that time to identify P as a police officer (for example a warrant number);

(iii) where P was a civilian police employee at that time, any number used at that time to identify P as such an employee;

(iv) the date of the relevant event;

(v) a summary of the relevant allegation;

(vi) in a case where disciplinary proceedings have been brought, the form of those proceedings;

(e) where paragraph (b) of section 88I(1) applies to P—

(i) P’s rank when P was last a police officer and any number used at that time to identify P as such (for example a warrant number);

(ii) the date on which P ceased to be a police officer and whether P resigned or retired;

(iii) the date of the relevant event;

(iv) a summary of the relevant allegation;

(f) where paragraph (c) of section 88I(1) applies to P—

(i) whether P was a community support volunteer or a policing support volunteer at the relevant time;

(ii) any number used at that time to identify P as such a volunteer;

(iii) the date of the relevant event;

(iv) a summary of the reasons for the withdrawal of P’s designation as referred to in that paragraph (c);

(g) where paragraph (d) of section 88I(1) applies to P—

(i) whether P was a community support volunteer or a policing support volunteer at the relevant time;

(ii) any number used at that time to identify P as such a volunteer;

(iii) the date the relevant event came to the attention of the relevant authority;

(iv) a summary of the relevant allegation.

Information to be included in the advisory list

13.  The information that must be included in the advisory list in relation to a person reported to the College under section 88I is the information contained in the report by virtue of regulation 12(2).

Further report by relevant authority to College under section 88L: timing and content

14.—(1) Where the relevant authority is required to make a further report to the College under section 88L(2) in relation to a person (“P”), the relevant authority must do so before the end of 5 working days beginning with the date on which the removal condition is satisfied in relation to P.

(2) The further report must include the following information in relation to P—

(a) the information mentioned in regulation 12(2)(a) to (c);

(b) the date on which the removal condition was satisfied;

(c) a summary of the circumstances which gave rise to the satisfaction of the removal condition.

(3) For the purposes of this regulation, “the removal condition” is satisfied in relation to P—

(a) where paragraph (a) of section 88L(1) applies to P, when the determination mentioned in that paragraph is made;

(b) where paragraph (b) of section 88L(1) applies to P, when the proceedings mentioned in that paragraph are withdrawn;

(c) where paragraph (c) of section 88L(1) applies to P, when the proceedings mentioned in that paragraph are concluded as so mentioned.

Removal from advisory list on application of listed person

15.—(1) Paragraph (2) applies where a person (“P”) has been included in the advisory list for 5 years or more.

(2) P may apply to the College for P to be removed from the advisory list if—

(a) the application is P’s first application under this regulation; or

(b) in any other case, the condition set out in paragraph (3) is met.

(3) The condition is met if P makes the application—

(a) on or after the date specified by the College under paragraph (6) when dismissing P’s most recent application; or

(b) if no date was specified under paragraph (6), after the expiry of the 5 year period beginning with the date on which the College dismissed P’s most recent application.

(4) An application under paragraph (2)—

(a) must be made in the form and manner determined by the College; and

(b) may contain any information or be accompanied by any other documents that P considers relevant to the application.

(5) If, on considering P’s application, the College is satisfied that it is appropriate for P to be removed from the advisory list, the College must remove P from the list; otherwise the College must dismiss the application.

(6) If the College dismisses the application, the College may specify a date (being no later than the last day of the period of five years beginning with the date on which the application is dismissed), before which no further application may be made by P under this regulation.

(7) Before making a decision under paragraph (5) or (6), the College may request further representations, information or documents from P or the relevant authority; and the relevant authority must comply with any such request.

(8) The College must give P and the relevant authority notice of its decision on P’s application before the end of 5 working days beginning with the date of the decision.

Automatic removal from the advisory list

16.—(1) A person (“P”) must be removed from the advisory list if paragraphs (2) and (3) apply.

(2) This paragraph applies if P was included in the advisory list by virtue of being reported under section 88I, and the reason for the report did not relate to P’s conduct.

(3) This paragraph applies if P has been included in the advisory list for a period of at least five years.

Removal from advisory list on death

17.  Where the College is satisfied that any person who is included in the advisory list has died, the College must remove the person from the list.

(1)

“Relevant authority” is defined for the purposes of the police advisory list in section 88I(4) of the Police Act 1996.