Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment) Regulations 1996

S.R. 1996/254 · Made 24 June 1996 · Extends to Northern Ireland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 24 June 1996.

See the changes not yet applied

Provision	Change	Made by
reg. 1	coming into force	Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) 1996 reg. 1
reg. 2	coming into force	Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) 1996 reg. 1
Sch.	coming into force	Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) 1996 reg. 1
Regulations	revoked	Royal Ulster Constabulary (Conduct) 2000 Sch. 1 reg. 2(1)

POLICE

Made 24th June 1996

To be laid before Parliament

Coming into operation 29th July 1996

The Secretary of State, in pursuance of section 26 of the Police Act (Northern Ireland) 1970^f1 and Article 14(6) of the Police (Northern Ireland) Order 1987^f2 and after consulting, in accordance with section 34(2) of that Act, the Police Authority and the Police Association, hereby makes the following regulations:—

Annotations to the whole text

Footnotes

f1: 1970 c. 9 (N.I.) as amended by S.I. 1977/53 (N.I. 2) and S.I. 1987/938 (N.I. 10) and modified by S.I. 1973/2163
f2: S.I. 1987/938 (N.I. 10)

1Citation and commencement Not yet in force
2Amendment of the Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988 Not yet in force
Signature
Schedule Schedule to be substituted for Schedule 1A to the Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988 Not yet in force
Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment) Regulations 1996 and shall come into operation on 29th July 1996.

2Amendment of the Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988I1

(1)

The Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988^f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 15 (procedure at hearing) in paragraph (12)(b) the words “or any mark on any such object” shall be omitted.

(3)

For Schedule 1A there shall be substituted the Schedule contained in the Schedule to these regulations.

Signature

P. B. B. Mayhew

One of Her Majesty’s rincipal Secretaries of State

Northern Ireland Office

24th June 1996

Schedule to be substituted for Schedule 1A to the Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988I1

“SCHEDULE 1A

CAUTIONS

Regulation 5

1

You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in any subsequent disciplinary proceedings, it may harm your defence. You may, if you so desire, make a written or oral statement to the investigating officer or the chief constable or the Police Authority as appropriate. Anything you mention when questioned or any written or oral statement you make may be given in evidence at such disciplinary proceedings.

2

On [date] at [time] at [place] there was:

(a)

on your person

(b)

in or on your clothing/footwear

(c)

in your possession

(d)

in the place where you were at that time,

a [state the object/substance/mark].

I believe this [state the object/substance/mark] may be due to your involvement in the disciplinary offence of [state the disciplinary offence].

You do not have to say anything about [object/substance/mark], but I must caution you that if you fail or refuse to account for [object/substance/mark] then your failure or refusal may be treated in any subsequent disciplinary proceedings as supporting any relevant evidence against you. If you do say anything it may be given in evidence at such disciplinary proceedings.

I now ask you to account for [state the object/substance/mark]. Have you anything you wish to say?

3

You were found on [day and date] at [place] at [time] which is at or about the time the disciplinary offence of [state the disciplinary offence] is alleged to have been committed.

I believe your presence at [place] at that time may be due to your involvement in this disciplinary offence.

You do not have to say anything about your presence at [place], on [day and date] at [time] but I must caution you that if you fail or refuse to account for your presence at [place] then your failure or refusal may be treated in any subsequent disciplinary proceedings as supporting any relevant evidence against you. If you do say anything it may be given in evidence at such disciplinary proceedings.

I now ask you to account for your presence on [day and date] at [place] at or about [time]. Have you anything you wish to say?”

Explanatory note

(This note is not part of the Regulations.)

These regulations make a minor amendment to regulation 15(12)(b) of the Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988 and substitute revised forms of caution for those contained in Schedule 1A to those regulations.