The Police (Conduct) Regulations 2020

Notification of outcomeE+W

This section has no associated Explanatory Memorandum

63.—(1) [F1Subject to paragraph (1B),] the person conducting or chairing the accelerated misconduct hearing must, before the end of a period of 5 working days beginning with the first working day after the completion of the accelerated misconduct hearing, submit a report to the appropriate authority, setting out—

(a)the finding of the person or persons conducting the accelerated misconduct hearing;

(b)the reasons for that finding;

(c)any disciplinary action imposed; [F2and]

[F3(d)where it was found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice, the reasons for that decision.]

[F4(1A) The person chairing the accelerated misconduct hearing under regulation 55(4) may require the legally qualified person appointed under regulation 55(4A) to provide advice in respect of legal and procedural issues relating to the report under paragraph (1).

(1B) The person chairing the accelerated misconduct hearing under regulation 55(4) may delegate responsibility for preparing the report under paragraph (1) to the legally qualified person appointed under regulation 55(4A).

(1C) Where the person chairing the accelerated misconduct hearing under regulation 55(4) delegates responsibility for preparing the report under paragraph (1B)—

(a)the legally qualified person must submit the report to the person chairing the accelerated misconduct hearing within five working days beginning with the first working day after completion of the accelerated misconduct hearing;

(b)the person chairing the accelerated misconduct hearing—

(i)may amend the report prepared by the legally qualified person; and

(ii)must satisfy themselves that they are content with the report prepared by the legally qualified person (whether or not they have amended it under paragraph (i)).

(1D) Where the person chairing an accelerated misconduct hearing delegates responsibility for preparing the report under paragraph (1B), paragraph (1) is to be read as if for “five working days” there were substituted “10 working days”.]

(2) A report under this regulation must include notice of the right of appeal to a police appeals tribunal.

(3) The appropriate authority must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of that report.

(4) The appropriate authority must send a copy of any report under this regulation to—

(a)the Director General, in any case where the Director General—

(i)presented the case, or

(ii)was entitled to attend to make representations under regulation 58(1), F5...

(b)the complainant and any interested person, in any case to which regulation 60 applies, [F6and]

[F7(c)where the person conducting the accelerated misconduct hearing found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice, the local policing body.]

(5) Subject to the harm test and paragraph (9), the person conducting or chairing the accelerated misconduct hearing must require the appropriate authority to publish the report submitted under paragraph (1).

(6) Where the appropriate authority is required to publish the report in accordance with paragraph (5), it must do so as soon as practicable after the officer concerned is notified of the outcome of the accelerated misconduct hearing under paragraph (3).

(7) Where the appropriate authority publishes a report in accordance with paragraph (5), it must publish the notice on its website for a period of not less than 28 days.

(8) Prior to publication of a report under paragraph (5) the appropriate authority may, subject to paragraph (11), redact the document—

(a)in so far as the authority considers redaction is—

(i)necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings;

(ii)necessary in the interests of national security;

(iii)necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders;

(iv)necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters;

(v)necessary and proportionate for the protection of the welfare and safety of any informant or witness;

(vi)otherwise in the public interest, and

(b)in line with any restrictions imposed on the disclosure of information during the course of the proceedings.

(9) The person conducting or chairing the accelerated misconduct hearing may dispense with the requirement under paragraph (5) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (8)(a) or (b).

(10) In making a decision under paragraph (9), the person conducting or chairing the accelerated misconduct hearing may have regard to any representations—

(a)provided under regulation 53(3) or (5), or

(b)made at the accelerated misconduct hearing.

(11) Information that has already been published during the course of the proceedings may not be redacted under paragraph (8).

Textual Amendments

Commencement Information

I1Reg. 63 in force at 1.2.2020, see reg. 1