The Police (Conduct) Regulations 2020

Outcome of accelerated misconduct hearing E+W

62.—(1) Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned amounts to gross misconduct, they must impose disciplinary action, which, subject to the provisions of this regulation, may be—

(a) a final written warning;

(b) reduction in rank, or

(c) dismissal without notice.

(2) The disciplinary action has effect from the date on which it is notified to the officer concerned.

(3) Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had a final written warning in force, a final written warning must not be given.

(4) Where a final written warning is given, that warning remains in force for—

(a) a period of 2 years beginning with the day on which it was notified to the officer concerned, or

(b) such longer period as the person or persons considering the question of disciplinary action may determine, up to a maximum of 5 years from the day on which it was notified to the officer.

(5) The reference to a period in paragraph (4)(a) and (b) does not include any time when the officer concerned is taking a career break (under regulation 33(12) of the Police Regulations (leave) and the determination of the Secretary of State made under that regulation).

(6) Reduction in rank may only be imposed under this regulation where the person or persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority, including in relation to the likely operational impact.

(7) Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had been reduced in rank under the Police (Conduct) Regulations 2004 or under these Regulations, a reduction in rank may not be imposed.

(8) Where the person conducting or chairing the accelerated misconduct hearing finds that the conduct of the officer concerned does not amount to gross misconduct, they may—

(a) dismiss the case, or

(b) return the case to the appropriate authority to deal with in accordance with Part 4.

(9) Where the case is returned to the appropriate authority under paragraph (8)(b), the appropriate authority must proceed in accordance with Part 4, subject to regulation 23(1) being read as if the words “Subject to regulation 49, on receipt of the investigator's report under regulation 21(1),” were omitted.

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

(a) must have regard to the record of police service of the officer concerned as shown on the officer's personal record;

(b) may consider such documentary evidence as would, in their opinion, assist them in determining the question;

(c) must give—

(i) the officer;

(ii) if the officer is legally represented, the officer's relevant lawyer or, where the officer is not legally represented, the officer's police friend;

(iii) the appropriate authority or the person appointed to represent such authority in accordance with regulation 8(5), and

(iv) the Director General or the Director General's relevant lawyer, where the Director General presented the case on behalf of the appropriate authority,

an opportunity to make oral or written representations before any such question is determined, including on the appropriate level of disciplinary action, and

(d) where representations are received in relation to mitigating circumstances—

(i) must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer could reasonably have been expected to so mention them, and

(ii) in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.

(11) Paragraph (12) applies where an officer is dismissed at an accelerated misconduct hearing.

(12) The person conducting or chairing the accelerated misconduct hearing must provide any information to the appropriate authority that the person considers ought to be included by virtue of regulation 3(2)(l) of the Police Barred List and Police Advisory List Regulations 2017 M1 in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).

Commencement Information

I1 Reg. 62 in force at 1.2.2020, see reg. 1

Marginal Citations

M1 S.I. 2017/1135.