The Police (Conduct) Regulations 2008

• (11) The officer concerned may object to the appointment of a person appointed under regulation (9).

• (12) Any such objection must be made in accordance with paragraph (7), provided that it must be made before the end of 3 working days beginning with the first working day after the officer concerned is given the notice referred to in paragraph (10); and the appropriate authority shall comply with paragraphs (8) to (10) in relation to that objection.

Appeal meeting

39

• (1) This regulation applies where the officer concerned requests a meeting in his written notice of appeal under regulation 38(3).

• (2) The person determining the appeal shall determine whether the notice of appeal sets out arguable grounds of appeal and—

• (a) if he determines that it does he shall hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination; and

• (b) if he determines that it does not, he shall dismiss the appeal.

• (3) The person determining the appeal may extend the time period specified in paragraph (2)(a) where he considers that it would be in the interests of justice to do so.

• (4) The person determining the appeal shall specify a date and time for the appeal meeting.

• (5) Where—

• (a) the officer concerned or his police friend will not be available at that time; and

• (b) the officer concerned proposes an alternative time which satisfies subsection (6),

the appeal meeting shall be postponed to the time proposed by the officer concerned.

• (6) An alternative time must—

• (a) be reasonable; and

• (b) fall before the end of 5 working days beginning with the first working day after the day specified by the person determining the appeal.

• (7) Written notice of the date, time and place of the appeal meeting shall be given to—

• (a) the officer concerned;

• (b) where the misconduct meeting arose from a complaint which was certified as subject to special requirements under paragraph 19B(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct), the complainant; and

• (c) where the misconduct meeting arose from a conduct matter to which paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied, any interested person.

• (8) Prior to the appeal meeting the appropriate authority shall supply the person determining the appeal with a copy of—

• (a) the documents given to the person who held the misconduct meeting as specified in regulation 28(1);

• (b) the notice of appeal given by the officer concerned under regulation 38(3);

• (c) the record of the misconduct meeting taken under regulation 37(1); and

• (d) any evidence of a kind referred to in regulation 38(2)(b) that the officer concerned wishes to submit in support of his appeal.

Procedure and finding of the appeal

40

• (1) Subject to the provisions of this regulation, the person determining the appeal shall determine the procedure at the appeal meeting.

• (2) Subject to paragraph (3), any interested person or complainant given notice of the appeal meeting under regulation 39(7) may attend the appeal meeting as an observer up to but not including the point at which the person determining the appeal considers the question of disciplinary action.

• (3) The person determining the appeal may impose such conditions as he sees fit relating to the attendance of persons under paragraph (2) at the appeal meeting (including circumstances in which they may be excluded) in order to facilitate the proper conduct of the appeal meeting.

• (4) The person determining the appeal may—

• (a) confirm or reverse the decision appealed against;

• (b) deal with the officer concerned in any manner in which the person conducting the misconduct meeting could have dealt with him under regulation 35.

• (5) Before the end of 3 working days beginning with the first working day after the determination of the appeal, the officer concerned shall be given written notice of that determination with a summary of the reasons.

• (6) The decision of the person determining the appeal shall take effect by way of substitution for the decision of the person conducting the misconduct meeting and as from the date of the written notice of the outcome of that meeting.

• (7) In a case where—

• (a) paragraph 18 or 19 of Schedule 3 to the 2002 Act applied (managed and independent investigations); or

• (b) paragraph 16 or 17 of Schedule 3 to the 2002 Act (investigation by appropriate authority and supervised investigations) applied and the Commission—

• (i) made a recommendation under paragraph 27(3) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted; or

• (ii) gave a direction to the appropriate authority under paragraph 27(4) of that Schedule (duties with respect to disciplinary proceedings),

the appropriate authority shall give the Commission written notice of the determination of the appeal with a summary of the reasons.

PART 5 — Fast track procedure for special cases

Referral of case to special case hearing

41

• (1) On receipt of a statement submitted by the investigator under regulation 18(3), the appropriate authority shall determine whether the special conditions are satisfied.

• (2) In a case where special case proceedings have been delayed by virtue of regulation 9(3), as soon as practicable after the appropriate authority considers that such proceedings would no longer prejudice any criminal proceedings, it shall make a further determination as to whether the special conditions are satisfied.

• (3) In a case where disciplinary proceedings have been delayed by virtue of regulation 9(3), the appropriate authority may, as soon as practicable after it considers that such proceedings would no longer prejudice any criminal proceedings, determine whether the special conditions are satisfied.

• (4) Where the appropriate authority determines that the special conditions are satisfied, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall certify the case as a special case and, subject to regulation 9(3) and paragraph (2), refer it to a special case hearing.

• (5) Where the appropriate authority determines—

• (a) that the special conditions are not satisfied; or

• (b) that, although those conditions are satisfied, the circumstances are such as to make such certification inappropriate,

it shall, if the investigation was incomplete, return the case to the investigator to complete the investigation or, in any other case, proceed in accordance with Part 4.

• (6) Where the appropriate authority is to proceed in accordance with Part 4, regulation 19(1) shall be read as if the following are omitted—

• (a) the words “regulation 41 and”; and

• (b) sub-paragraphs (a) and (b).

Remission of case

42

• (1) Subject to paragraph (4), at any time after the case has been referred to a special case hearing but before the beginning of that hearing the appropriate authority may direct that the case be dealt with under Part 4 if it considers that the special conditions are no longer satisfied.

• (2) Where a direction is made under paragraph (1) the officer concerned shall be notified before the end of 3 working days beginning with the first working day after that direction is made and the appropriate authority shall proceed in accordance with Part 4.

• (3) Where the appropriate authority is to proceed in accordance with Part 4, regulation 19(1) shall be read as if the following are omitted—

• (a) the words “regulation 41 and”; and

• (b) sub-paragraphs (a) and (b).

• (4) Paragraph (1) shall not apply to a case where the Commission has given a direction under paragraph 20H(7) of Schedule 3 to the 2002 Act¹⁴ (special cases: recommendation or direction of Commission).

Notice of referral to special case hearing

43

• (1) Where a case is certified as a special case and referred to a special case hearing, the appropriate authority shall as soon as practicable give the officer concerned written notice of these matters and shall supply him with a copy of—

• (a) the certificate issued under regulation 41(4);

• (b) any statement he may have made to the investigator during the course of the investigation; and

• (c) subject to the harm test—

• (i) the investigator’s report or such parts of that report as relate to him (together with any document attached to or referred to in that report as relates to him); and

• (ii) any other relevant document gathered during the course of the investigation.

• (2) The notice given under paragraph (1) shall describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct.

• (3) For the purposes of this regulation “relevant document” means a document which, in the opinion of the appropriate authority, is relevant to the case of the officer concerned.

Notice of special case hearing

44

The appropriate authority shall specify a date for the special case hearing which shall be not less than 10 and not more than 15 working days after the date on which notice is given under regulation 43(1) and shall immediately notify the officer concerned of—

• (a) the date, time and place of that hearing; and

• (b) the effect of regulation 7(1) to (3) in relation to a special case hearing.

Procedure on receipt of notice

45

• (1) Before the end of 7 working days beginning with the first working day after the written notice given to the officer concerned under regulation 43(1), the officer concerned shall provide to the appropriate authority—

• (a) written notice of whether or not he accepts that his conduct amounts to gross misconduct;

• (b) where he accepts that his conduct amounts to gross misconduct, any written submission he wishes to make in mitigation;

• (c) where he does not accept that his conduct amounts to gross misconduct, written notice of—

• (i) the allegations he disputes and his account of the relevant events; and

• (ii) any arguments on points of law he wishes to be considered by the person or persons conducting the special case hearing.

• (2) Within the same time period, the officer concerned shall provide the appropriate authority with a copy of any document he intends to rely on at the hearing.

Person conducting special case hearing: officers other than senior officers

46

• (1) This regulation applies where the officer concerned is an officer other than a senior officer.

• (2) The special case hearing shall be conducted by—

• (a) where the police force concerned is the metropolitan police force, an assistant commissioner; or

• (b) in any other case, subject to paragraph (3), the chief officer of police of the police force concerned.

• (3) Where the chief officer of police of the police force concerned is an interested party or is unavailable, the special case hearing shall be conducted by the chief officer of police of another police force or an assistant commissioner of the metropolitan police force.

Persons conducting special case hearing: chief constables etc.

47

• (1) This regulation applies where the officer concerned is—

• (a) a chief constable;

• (b) in the case of the metropolitan police force—

• (i) the commissioner;

• (ii) the deputy commissioner; or

• (iii) an assistant commissioner; or

• (c) in the case of the City of London police force, the commissioner.

• (2) The special case hearing shall be conducted by a panel of four persons appointed by the appropriate authority, comprising—

• (a) a counsel selected by the appropriate authority from a list of candidates nominated by the Lord Chancellor for the purposes of these Regulations, who shall be the chair;

• (b) the chair of the police authority for the police force concerned or another member of that police authority nominated by him;

• (c) HMCIC or an inspector of constabulary nominated by him; and

• (d) a person selected by the appropriate authority from a list of candidates maintained by a police authority for the purposes of these Regulations.

Persons conducting special case hearing: other senior officers

48

Where the officer concerned is a senior officer other than an officer mentioned in regulation 47(1), the special case hearing shall be conducted by a panel of four persons appointed by the appropriate authority, comprising—

• (a) HMCIC or an inspector of constabulary nominated by him, who shall be the chair;

• (b) the chief officer of police of the police force concerned or a senior officer of at least one rank above that of the officer concerned, nominated by that chief officer of police;

• (c) the chair of the police authority for the police force concerned or another member of that police authority nominated by him; and

• (d) a person selected by the appropriate authority from a list of candidates maintained by a police authority for the purposes of these Regulations.

Documents to be supplied

49

• (1) Prior to the hearing the appropriate authority shall supply the person or persons conducting the special case hearing with a copy of—

• (a) the notice given to the officer concerned under regulation 43(1);

• (b) the other documents given to the officer concerned under regulation 43(1)(a) to (c)(ii);

• (c) the documents provided by the officer concerned under—

• (i) regulation 45; and

• (ii) where paragraph (2) applies, regulation 22(2) and (3);

• (d) where the officer concerned does not accept that his conduct amounts to gross misconduct, any other documents that, in the opinion of the appropriate authority, should be considered at the hearing.

• (2) This paragraph applies where the case was certified as a special case following a determination made under regulation 41(3).

• (3) Prior to the hearing the officer concerned shall be supplied with a list of the documents supplied under paragraph (1) and a copy of any of such document of which he has not already been supplied with a copy.

Attendance of officer concerned at special case hearing

50

• (1) Subject to paragraph (2), the officer concerned shall attend the special case hearing.

• (2) Where the officer concerned informs the person conducting or chairing the special case hearing in advance that he is unable to attend on grounds which the person conducting or chairing the hearing considers reasonable, that person may allow the officer concerned to participate in the hearing by video link or other means.

• (3) Where the officer concerned is allowed to and does so participate in the special case hearing, or where the officer concerned does not attend the special case hearing—

• (a) he may nonetheless be represented at that hearing by his—

• (i) police friend; or

• (ii) relevant lawyer (in which case the police friend may also attend); and

• (b) the hearing may be proceeded with and concluded in the absence of the officer concerned whether or not he is so represented.

• (4) Where the officer concerned is represented in accordance with paragraph (3), the person representing the officer concerned or his police friend (if different), or both, may participate using the video link or other means where such means are also used by the officer concerned.

Participation of Commission and investigator at special case hearing

51

• (1) In any case where—

• (a) paragraph 18 or 19 of Schedule 3 to the 2002 Act (managed and independent investigations) applied; or

• (b) paragraph 16 or 17 of Schedule 3 to the 2002 Act (investigations by the appropriate authority and supervised investigations) applied and the Commission—

• (i) made a recommendation under paragraph 20H(1) of that Schedule (special cases: recommendation or direction of Commission) which the appropriate authority accepted; or

• (ii) gave a direction under paragraph 20H(7) of that Schedule (special cases: recommendation or direction of Commission),

the Commission may attend the special case hearing to make representations.

• (2) Where the Commission intends to attend the special case hearing—

• (a) it may instruct a relevant lawyer to represent it;

• (b) it shall notify the complainant or any interested person prior to the hearing; and

• (c) the person conducting or chairing the special case hearing shall notify the officer concerned prior to the hearing.

• (3) The investigator or a nominated person shall attend the special case hearing on the request of the person conducting or chairing the hearing to answer questions.

• (4) For the purposes of this regulation, a “nominated person” is a person who, in the opinion of—

• (a) the appropriate authority; or

• (b) in a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (managed and independent investigations) applied, the Commission,

has sufficient knowledge of the investigation of the case to be able to assist the person or persons conducting the special case hearing.

Attendance of complainant and interested persons at special case hearing

52

• (1) This regulation shall apply in the case of a special case hearing arising from a—

• (a) conduct matter to which paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied; or

• (b) complaint which was certified as subject to special requirements under paragraph 19B(1) of that Schedule (assessment of seriousness of conduct).

• (2) The appropriate authority shall notify the complainant or any interested person of the date, time and place of the special case hearing.

• (3) Subject to any conditions imposed under regulation 53(3), the complainant or any interested person may—

• (a) attend the special case hearing as an observer up to but not including the point at which the person conducting or chairing the hearing considers the question of disciplinary action; and

• (b) be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.

• (4) For the purposes of this regulation, a person has a special need if, in the opinion of the person conducting or chairing the special case hearing, he has a disability or learning difficulty, or does not have sufficient knowledge of English, to participate in or understand the special case hearing.

Attendance of others at special case hearing

53

• (1) Subject to regulation 52 and this regulation, the special case hearing shall be in private.

• (2) A person nominated by the Commission may attend a special case hearing which arises from a case to which—

• (a) paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (supervised, managed and independent investigations) applied; or

• (b) paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority) applied and in relation to which the Commission—

• (i) made a recommendation under paragraph 20H(1) of that Schedule (special cases: recommendation or direction of Commission) which the appropriate authority accepted; or

• (ii) gave a direction under paragraph 20H(7) of that Schedule (special cases: recommendation or direction of Commission).

• (3) The person conducting or chairing the special case hearing may impose such conditions as he sees fit relating to the attendance of persons under regulation 52 or this regulation at the special case hearing (including circumstances in which they may be excluded) in order to facilitate the proper conduct of the hearing.

Procedure at special case hearing

54

• (1) Subject to these Regulations, the person conducting or chairing the special case hearing shall determine the procedure.

• (2) The special case hearing shall not proceed unless the officer concerned has been notified of the effect of regulation 7(1) to (3) in relation to a special case hearing.

• (3) Subject to paragraph (4), the person conducting or chairing the special case hearing may from time to time adjourn the hearing if it appears to him to be necessary or expedient to do so.

• (4) The special case hearing shall not, except in exceptional circumstances, be adjourned solely to allow the complainant or any interested person to attend.

• (5) No witnesses other than the officer concerned shall give evidence at the special case hearing.

• (6) The person representing the officer concerned may—

• (a) address the hearing in order to do any or all of the following—

• (i) put the case of the officer concerned;

• (ii) sum up that case;

• (iii) respond on behalf of the officer concerned to any view expressed at the proceedings; and

• (iv) make representations concerning any aspect of proceedings under these Regulations; and

• (b) if the officer concerned is present at the proceedings or is participating in them by video link or other means in accordance with regulation 50(2), confer with the officer concerned.

• (7) Where the person representing the officer concerned is a relevant lawyer, the police friend of the officer concerned may also confer with the officer concerned in the circumstances mentioned at paragraph (6)(b).

• (8) The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer concerned during the special case hearing.

• (9) The person conducting or chairing the special case hearing may allow any document to be considered at the hearing notwithstanding that a copy of it has not been supplied—

• (a) by the officer concerned to the appropriate authority in accordance with regulation 45(2); or

• (b) to the officer concerned in accordance with regulation 43(1).

• (10) Where evidence is given or considered at the special case hearing that the officer concerned—

• (a) on being questioned by an investigator, at any time after he was given written notice under regulation 15(1) of these Regulations or regulation 14A of the Complaints Regulations; or

• (b) in submitting any information or by not submitting any information at all under regulation 45 (or, where paragraph (12) applies, paragraph 19C of Schedule 3 to the 2002 Act or regulation 16(1) or 22(2) or (3)),

failed to mention any fact relied on in his case at the special case hearing, being a fact which in the circumstances existing at the time, the officer concerned could reasonably have been expected to mention when so questioned or when providing such information, paragraph (11) applies.

• (11) Where this paragraph applies, the person or persons conducting the special case hearing may draw such inferences from the failure as appear proper.

• (12) This paragraph applies where the case was certified as a special case following a determination made under regulation 41(3).

• (13) The person or persons conducting the special case hearing shall review the facts of the case and decide whether or not the conduct of the officer concerned amounts to gross misconduct.

• (14) The person or persons conducting the special case hearing shall not find that the conduct of the officer concerned amounts to gross misconduct unless—

• (a) he is or they are satisfied on the balance of probabilities that this is the case; or

• (b) the officer concerned admits it is the case.

• (15) At a special case hearing conducted by a panel, any decision shall be based on a majority (with the chair having the casting vote if necessary), but shall not indicate whether it was taken unanimously or by a majority.

Outcome of special case hearing

55

• (1) Where the person or persons conducting the special case hearing find that the conduct of the officer concerned amounts to gross misconduct, he or they shall impose disciplinary action, which may be—

• (a) subject to paragraphs (2) and (3), a final written warning;

• (b) extension of a final written warning in accordance with paragraph (2); or

• (c) dismissal without notice.

• (2) Where the officer concerned had a final written warning in force on the date of the assessment of the conduct under regulation 12(1) of these Regulations or regulation 14A of the Complaints Regulations (as the case may be)—

• (a) a final written warning shall not be given; but

• (b) subject to paragraph (4), in exceptional circumstances, the final written warning may be extended.

• (3) Where a final written warning is extended under paragraph (2), that warning shall remain in force for a period of 18 months from the date on which it would otherwise expire.

• (4) A final written warning may be extended on one occasion only.

• (5) Where the person or persons conducting the special case hearing find that the conduct of the officer concerned does not amount to gross misconduct, he or they may—

• (a) dismiss the case; or

• (b) return the case to the appropriate authority to deal with in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) of these Regulations or regulation 14A of the Complaints Regulations (as the case may be), at a misconduct hearing .

• (6) Where the case is returned to the appropriate authority under paragraph (5)(b), the appropriate authority shall proceed in accordance with Part 4, subject to regulation 19(1) being read as if the following are omitted—

• (a) the words “regulation 41 and”; and

• (b) sub-paragraphs (a) and (b).

• (7) Except in the case of extending a final written warning, the disciplinary action shall have effect from the date on which it is notified to the officer concerned.

• (8) Where the question of disciplinary action is being considered, the person or persons conducting the special case hearing—

• (a) shall have regard to the record of police service of the officer concerned as shown on his personal record;

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

• (c) shall give—

• (i) the officer concerned; and

• (ii) his police friend or his relevant lawyer,

an opportunity to make oral or written representations.

Notification of outcome

56

• (1) The officer concerned shall be informed of—

• (a) the finding; and

• (b) any disciplinary action imposed under regulation 55(1) or any action taken under regulation 55(5) as the case may be,

as soon as practicable and in any event shall be provided with written notice of these matters and a summary of the reasons before the end of 5 working days beginning with the first working day after the conclusion of the special case hearing.

• (2) A written notice under this regulation shall include notice of the right of the officer concerned to an appeal hearing.

Record of special case hearing

57

• (1) A verbatim record of the proceedings at the special case hearing shall be taken.

• (2) The officer concerned shall, on request, be supplied with a copy of the record of the proceedings at the special case hearing.

PART 6 — Record Keeping

Record of disciplinary proceedings

58

• (1) Subject to paragraph (2), the chief officer of police of the police force concerned shall cause a record to be kept of disciplinary proceedings and special case proceedings brought against every officer concerned, together with the finding and decision on disciplinary action and the decision in any appeal by the officer concerned.

• (2) Where the officer concerned is a chief officer of police, the police authority of the police force concerned shall cause such a record to be kept.

SCHEDULE — Standards of Professional Behaviour

• Honesty and Integrity Police officers are honest, act with integrity and do not compromise or abuse their position.

• Authority, Respect and Courtesy Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy. Police officers do not abuse their powers or authority and respect the rights of all individuals.

• Equality and Diversity Police officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly.

• Use of Force Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances.

• Orders and Instructions Police officers only give and carry out lawful orders and instructions. Police officers abide by police regulations, force policies and lawful orders.

• Duties and Responsibilities Police officers are diligent in the exercise of their duties and responsibilities.

• Confidentiality Police officers treat information with respect and access or disclose it only in the proper course of police duties.

• Fitness for Duty Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities.

• Discreditable Conduct Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty. Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice.

• Challenging and Reporting Improper Conduct Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour.

Signed

Vernon Coaker — Minister of State — 5th November 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations were laid before Parliament in draft as they are Regulations under section 84 of the Police Act 1996 coming into force at a time that is the earliest time at which any Regulations under section 84 are to come into force after the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (see section 84(8) of the Police Act 1996).

The Regulations establish procedures for the taking of disciplinary proceedings in respect of the conduct of members of police forces and special constables (“police officers”). They apply to all police officers, although for senior officers (a police officer above the rank of chief superintendent), the persons dealing with some of the proceedings differ. For the purposes of these Regulations, special constables are treated as if they are non-senior officers regardless of their actual level of seniority. These Regulations also make provision in relation to the representation of police officers by a police friend and by a lawyer at proceedings at which the officer concerned may be dismissed.

These Regulations apply where an allegation comes to the attention of an appropriate authority (as defined in regulation 3) which indicates that the conduct of a police officer may amount to misconduct or gross misconduct (as defined in regulation 3). This includes an allegation contained within a complaint or conduct matter referred to the Independent Police Complaints Commission (“IPCC”) in accordance with the Police Reform Act 2002 (“the 2002 Act”), except that Part 3 of these Regulations (Investigations) does not apply in such cases as Schedule 3 to the 2002 Act deals with the investigation of such cases.

Part 1 deals with preliminary matters. Regulation 2 revokes the Police (Conduct) Regulations 2004 save in relation to proceedings outstanding at 1st December 2008. Regulation 3 provides definitions of terms used in these Regulations, including the ‘special conditions’ which trigger the fast track procedure set out in Part 5; makes provision in relation to the delegation of the functions of a chief officer of police under these Regulations and provides that guidance may be issued under section 87(5) of the Police Act 1996 (guidance) in respect of any of the procedures in these Regulations. Regulation 4 sets out the harm test, which mirrors provisions in the Police (Complaints and Misconduct) Regulations 2004, placing restrictions on the disclosure of information to the officer concerned in the public interest.

Part 2 deals with general matters. Regulations 6 and 7 make provision about the role of a police friend under these Regulations and the right to legal representation. Regulation 9 provides that disciplinary or special case proceedings should proceed notwithstanding any criminal proceedings unless the appropriate authority considers they would prejudice such criminal proceedings. Regulation 10 makes provision in relation to the suspension of a police officer.

Part 3 deals with the investigation of conduct allegations other than those dealt with under Schedule 3 to the 2002 Act. Regulation 12 provides that the appropriate authority must make a preliminary assessment as to whether the conduct, if proved, would amount to misconduct, gross misconduct or neither, and sets out what action must or may be taken as a consequence of that assessment. Regulation 13 deals with the appointment of an investigator who, subject to conditions, may be a police officer, a police staff member or any other person. Regulation 14 sets out the purpose of the investigation. Regulation 15 provides for notice to be given to the officer concerned that there is to be an investigation and describes what must be set out in that notice. Regulation 16 provides that the investigator shall consider any suggestions as to lines of inquiry made by the officer concerned within the given time limit. Regulation 17 deals with interviews and regulation 18 with the investigation report.

Part 4 relates to misconduct proceedings. Regulation 19 provides that on receipt of the investigator’s report (under these Regulations or Schedule 3 to the 2002 Act) the appropriate authority must determine whether or not there is a case to answer in respect of misconduct or gross misconduct, and makes provision about the referral of a case to a misconduct meeting or misconduct hearing. Regulation 21 provides that notice must be given to the officer concerned of the referral of their case to misconduct proceedings and provides that he may object to the persons appointed to deal with his case. Regulation 22 sets out the information the officer concerned must and may provide on receipt of such notice. Regulation 23 provides that the person conducting or chairing the misconduct proceedings will decide whether any witnesses will attend the proceedings, and that a witness may only attend where he reasonably believes this to be necessary. Regulations 25 to 27 set out the person(s) who will conduct the misconduct proceedings. Regulations 29 to 33 deal with who shall and may attend those proceedings. Regulation 34 covers the procedure at the proceedings and regulation 35 deals with outcomes. At a misconduct meeting the disciplinary action that may be imposed is management advice, a written warning or a final written warning. Such action is also available at a misconduct hearing, along with dismissal with or without notice or, in exceptional circumstances, the extension of a final written warning. The Police Appeals Tribunals Rules 2008 set out separately the right of appeal to a police appeals tribunal from misconduct proceedings but regulations 38 to 40 deal with an appeal by a non senior officer from a misconduct meeting.

Part 5 deals with the procedures for special case hearings for those cases where there is written or documentary evidence to establish gross misconduct on the balance of probabilities and it is in the public interest for the officer concerned to cease to be a police officer without delay. Procedures for these cases are fast tracked and there are no witnesses at the hearing other than the officer concerned. Regulation 58 requires a record to be kept of all proceedings under these Regulations and appeals.

The Schedule sets out the standards of professional behaviour expected of police officers, breach of which constitutes misconduct and a breach of which so serious that dismissal would be justified, constitutes gross misconduct.

Footnotes