Regulation 5

ScheduleAmendment of Schedule 1 to the Police (Conduct) Regulations 2020

Amendment of Schedule 1 to the Police (Conduct) Regulations 2020 (modifications to these Regulations in their application to former officers)

schedule paragraph 1 + 1.  Schedule 1 to the Police (Conduct) Regulations 2020 is amended as follows.

Amendments to paragraph 1 (modification to regulation 2)

schedule paragraph 2 + 2.—(1) Paragraph 1 is amended as follows.

(2) In sub-paragraph (a)—

schedule paragraph 2 2 a + (a)after paragraph (ii) insert—

“(iia) for the definition of “accelerated misconduct hearing”, there were substituted—

““accelerated misconduct hearing” means a hearing to which an officer may be referred under regulation 21D(7) or 49(4) to determine whether the conduct of the officer amounts to gross misconduct(1) and, if so, what disciplinary action should be imposed;”;”;

schedule paragraph 2 2 b + (b)for paragraph (viii) substitute—

“(viii)for the definition of “misconduct hearing”, except in its application to regulation 21A(1)(d), there were substituted—

““misconduct hearing” means a hearing to which an officer may be referred under regulation 21D(3) or (6), 21E(5)(a) or 23(9)(a) to determine whether the conduct of the officer amounts to gross misconduct and, if so, what disciplinary action should be imposed;”;”;

(3) after sub-paragraph (b) insert—

“(c) paragraphs (7) and (8) were omitted.”.

Insertion of paragraphs 14A (modification: insertion of Part 3A) and 14B (modification: insertion of regulation 21G)

schedule paragraph 3 + 3.  After paragraph 14 (modification to regulation 21) insert—

Modification: insertion of Part 3A

14A.  These Regulations are to be read as if after regulation 21 there were inserted—

“Part 3ADetermination as to whether relevant disciplinary proceedings are required and referral

Application of Part 3A and interpretation

21A.—(1) Subject to paragraph (2), this Part applies where—

(a)the appropriate authority(2) receives an investigator’s report under regulation 21(1);

(b)the appropriate authority receives a report submitted under paragraph 22 of Schedule 3 to the 2002 Act (final reports on investigations);

(c)the appropriate authority is required to proceed in accordance with this Part by regulation 49(5) or 50(2);

(d)the officer concerned, having been referred to a misconduct hearing on the basis that the officer has a case to answer in respect of gross misconduct, resigns or retires before the date of that hearing, or

(e)in a case where relevant disciplinary proceedings have been delayed by virtue of regulation 10(3)—

(i)the appropriate authority considers that such a hearing would no longer prejudice criminal proceedings, or

(ii)criminal proceedings have concluded (whatever the outcome of those proceedings).

(2) This Part does not apply where Part 4 applies.

(3) In this Part, “relevant disciplinary proceedings” means—

(a)a misconduct hearing under Part 4 of these Regulations;

(b)an accelerated misconduct hearing under Part 5 of these Regulations.

(4) In determining whether any criminal proceedings are concluded for the purposes of paragraph (1)(e)(ii), any right of appeal is to be disregarded.

Determination as to whether case to answer etc.

21B.—(1) As soon as practicable after a condition referred to in regulation 21A(1) (“the relevant condition”) applies, the appropriate authority must determine—

(a)whether the officer concerned has a case to answer in respect of gross misconduct or whether the officer has no case to answer;

(b)where the appropriate authority determines that the officer has a case to answer in respect of gross misconduct, whether or not relevant disciplinary proceedings should be brought against the officer concerned;

(c)where the appropriate authority determines that the officer has no case to answer in respect of gross misconduct, whether there may have been a breach of the Standards of Professional Behaviour(3) that would have justified the bringing of disciplinary proceedings had the officer still been serving.

(2) Where the appropriate authority fails to make the determination as to the matters set out in paragraph (1) before the end of the period of 15 working days beginning with the first working day after the relevant condition applies, it must notify the officer concerned of the reasons for this.

Determination that no case to answer or that relevant disciplinary proceedings will not be brought: next steps

21C.—(1) Where the appropriate authority determines under regulation 21B(1) that the officer concerned has no case to answer in respect of gross misconduct, the appropriate authority must, as soon as practicable after it has made the determination—

(a)give the officer written notice of that determination, as well as its determination as to whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving, and

(b)subject to the harm test, give the officer a copy of the investigator's report or such parts of that report as relate to the officer.

(2) Where the appropriate authority determines under regulation 21B(1) that the officer concerned has a case to answer in respect of gross misconduct but that relevant disciplinary proceedings should not be brought against the officer concerned, the appropriate authority must, as soon as practicable after it has made the determination—

(a)give the officer written notice of the determination, and

(b)subject to the harm test, give the officer a copy of the investigator's report or such parts of that report as relate to the officer.

Determination that relevant disciplinary proceedings will be brought: next steps

21D.—(1) Where the appropriate authority determines under regulation 21B(1) that relevant disciplinary proceedings should be brought against the officer concerned, it must take the following steps.

(2) The appropriate authority must decide if it requires a misconduct hearing.

(3) If the appropriate authority decides the question in paragraph (2) in the affirmative, it must refer the case to a misconduct hearing.

(4) If the appropriate authority decides the question in paragraph (2) in the negative, it must give written notice to the officer concerned that the case will be referred to an accelerated misconduct hearing unless, within the period of 10 working days beginning with the first working day after the notification is given, the officer gives the appropriate authority written notice that the officer wishes the case to be referred to a misconduct hearing.

(5) Notification by the officer concerned under paragraph (4) must be given in accordance with regulation 21F.

(6) If the appropriate authority is notified that the officer concerned wishes the case to be referred to a misconduct hearing in accordance with paragraph (4), it must refer the case to a misconduct hearing.

(7) If the appropriate authority is not so notified, it must refer the case to an accelerated misconduct hearing.

Late requests for a misconduct hearing

21E.—(1) Notwithstanding that a case is to be, or has been, referred to an accelerated misconduct hearing under regulation 21D(7), the officer concerned may submit a request to the appropriate authority that the case be referred to a misconduct hearing.

(2) Such a request is only valid if—

(a)it is in writing;

(b)it is given or submitted in accordance with regulation 21F(2);

(c)it explains—

(i)why the officer concerned was unable to notify the appropriate authority in accordance with regulation 21D(4) that the officer wishes the case to be referred to a misconduct hearing;

(ii)the reasons for any subsequent delay in making the request, and

(d)the appropriate authority receives it before the date of the accelerated misconduct hearing.

(3) The appropriate authority must forward a valid request to the person conducting or chairing the accelerated misconduct hearing (“the decision maker”) for determination.

(4) The decision maker may only grant the request if they are satisfied that—

(a)it was not reasonably practicable for the officer concerned to notify the appropriate authority in accordance with regulation 21D(4) that the officer wishes the case to be referred to a misconduct hearing, and

(b)the officer has submitted their request within a reasonable time after the end of the period of 10 working days referred to in regulation 21D(4).

(5) If the decision maker grants the request, they must, as soon as practicable—

(a)direct the appropriate authority to refer the case to a misconduct hearing, and

(b)give the officer concerned written notice of their decision.

(6) If the decision maker does not grant the request, they must, as soon as practicable, give the officer concerned written notice of their decision and the reasons for it.

Notifications and requests under regulation 21D and 21E: supplementary

21F.—(1) This regulation applies to—

(a)a notice given by the officer concerned to the appropriate authority under regulation 21D(4);

(b)a request submitted by the officer concerned to the appropriate authority under regulation 21E(1).

(2) A notification or request to which this regulation applies must be given or submitted to the appropriate authority by being—

(a)delivered personally to the appropriate authority by—

(i)the officer concerned, or

(ii)if agreed with the officer, the officer’s police friend;

(b)sent to the appropriate authority’s address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”), or

(c)sent to the appropriate authority by e-mail or other means of electronic communication.

(3) Where a notice or request is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the appropriate authority—

(a)if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or

(b)in any other case, on the next working day after the day on which it was sent.

(4) Where a notice or request is sent by post, it is to be taken to have been given or supplied to the appropriate authority—

(a)on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or

(b)in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.”.

Modification: insertion of regulation 21G

14B.  These Regulations are to be read as if before regulation 22 and after the heading to Part 4 there were inserted—

Application of Part 4

21G.  This Part applies where—

(a)the appropriate authority has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act to comply with a direction to bring misconduct proceedings;

(b)the appropriate authority accepts a recommendation made under paragraph 25(4C)(c) or (4E)(c) of Schedule 3 to the 2002 Act that misconduct proceedings of the form specified in the recommendation are brought;

(c)the appropriate authority has a duty under paragraph 27(4)(b) of Schedule 3 to the 2002 Act to comply with a direction to give effect to a recommendation to bring misconduct proceedings, or

(d)a case is referred to a misconduct hearing under regulation 21D(3) or (6) or 21E(5)(a).”.”.

Substitution of paragraph 16 (modification to regulation 23)

schedule paragraph 4 + 4.  For paragraph 16 substitute—

Modification to regulation 23 (referral of case to misconduct proceedings)

16.  Regulation 23 is to be read as if—

(a)paragraphs (1) to (8) were omitted, and

(b)paragraphs (10) to (12) were omitted.”.

Insertion of paragraph 34A

schedule paragraph 5 + 5.  After paragraph 34 insert—

Modification: insertion of regulation 47A (application of Part 5)

34A.  These Regulations are to be read as if before regulation 48 and after the heading to Part 5 there were inserted—

Application of Part 5

47A.  This Part applies where—

(a)the appropriate authority has received a statement submitted by the investigator under regulation 21(3);

(b)the appropriate authority has referred a case to an accelerated misconduct hearing under regulation 21D(7), or

(c)the appropriate authority has certified a case as one where the special conditions(4) are satisfied under regulation 25(3) or 26(3) of the Complaints and Misconduct Regulations (including pursuant to regulation 26(8)(b) of those Regulations).”.”.

Substitution of paragraph 36 (modification to regulation 49)

schedule paragraph 6 + 6.  For paragraph 36 substitute—

Modification to regulation 49 (referral of case to accelerated misconduct hearing)

36.  Regulation 49 is to be read as if—

(a)at the end of the heading there were inserted “otherwise than under regulation 21D(7)”;

(b)in paragraph (2)(b), for the words from “cease” to “constable” there were substituted “be included in the police barred list”;

(c)in paragraph (5), in the closing words, for “Part 4” there were substituted “Part 3A”;

(d)paragraph (6) were omitted.”.

Insertion of paragraph 36ZA (modification to regulation 50)

schedule paragraph 7 + 7.  After paragraph 36 insert—

Modification to regulation 50 (remission of case)

36ZA.  Regulation 50 is to be read as if—

(a)in paragraph (1)—

(i)after “after the case has been referred” there were inserted “under regulation 49”;

(ii)for “dealt with under Part 4” there were substituted “considered under Part 3A”;

(b)in paragraph (2), for “Part 4” there were substituted “Part 3A”;

(c)paragraph (3) were omitted.”.

Amendment to paragraph 36A (modification to regulation 51)

schedule paragraph 8 + 8.  In paragraph 36A—

schedule paragraph 8 a + (a)after paragraph (a) insert—

“(aa)after paragraph (1) there were inserted—

“(1A) Where a case is referred to an accelerated misconduct hearing under regulation 21D(7), the appropriate authority must as soon as practicable give the officer concerned written notice of these matters and supply the officer with a copy of the items referred to in paragraph (1)(b) and (c).”;”;

schedule paragraph 8 b + (b)in paragraph (b), after the opening words insert—

“(ai)in the opening words, after “paragraph 1” there were inserted “or (1A)”;”.

Insertion of paragraphs 36B and 36C (modification to regulations 52 and 54)

schedule paragraph 9 + 9.  After paragraph 36A insert—

Modification to regulation 52 (notice of accelerated misconduct hearing)

36B.  Regulation 52 is to be read as if, in paragraph (1), in the opening words, after “regulation 51(1)” there were inserted “or (1A)”.

Modification to regulation 54 (procedure on receipt of notice)

36C.  Regulation 54 is to be read as if, in paragraph (1), in the opening words, after “regulation 51(1)” there were inserted “or (1A)”.”.

Insertion of paragraph 37A (modification to regulation 56)

schedule paragraph 10 + 10.  After paragraph 37 insert—

Modification to regulation 56 (documents to be supplied)

37A.  Regulation 56 is to be read as if, in paragraph (1), in each of sub-paragraphs (a) and (b), after “under regulation 51(1)” there were inserted “or (1A)”.”.

Amendment to paragraph 38 (modification to regulation 61)

schedule paragraph 11 + 11.  In paragraph 38, after sub-paragraph (a) insert—

“(aa)in paragraph (11)(b), after “regulation 51(1)” there were inserted “or (1A)”;”.