Part 3Amendment of the Police (Conduct) Regulations 2020

Amendments to regulation 42 (outcome of misconduct proceedings)

regulation 15 + 15.—(1) Regulation 42 is amended as follows.

(2) For paragraph (1) substitute—

“(1) Subject to the provisions of this regulation, where the person or persons conducting the misconduct proceedings find that the conduct of the officer concerned amounts to misconduct or gross misconduct, they must impose disciplinary action mentioned in paragraph (2) or (3) as appropriate.

(1A) Subject to the provisions of this regulation, where the person or persons conducting the misconduct proceedings find that the conduct of the officer concerned amounts to neither misconduct nor gross misconduct, they must—

(a)direct that the matter is referred to be dealt with under the reflective practice review process, or

(b)take no further action.”.

(3) In paragraph (3)—

regulation 15 3 a + (a)in sub-paragraph (a)—

regulation 15 3 a i + (i)for “person conducting or chairing” substitute “person or persons conducting”;

regulation 15 3 a ii + (ii)for “decides” substitute “decide”;

regulation 15 3 b + (b)in sub-paragraph (b)—

regulation 15 3 b i + (i)for “person conducting or chairing” substitute “person or persons conducting”;

regulation 15 3 b ii + (ii)for “decides” substitute “decide”;

regulation 15 3 b iii + (iii)for paragraphs (i) to (iii) substitute—

“(i)dismissal without notice, or

(ii)if the person or persons conducting the misconduct proceedings are satisfied that there are exceptional circumstances which justify it—

(aa)a final written warning, or

(bb)reduction in rank.”.