OpenLegislation

Paragraph 2 Modifications to Part 3 of Schedule 3 (investigations and subsequent proceedings)I1

England and Wales

(1)

Part 3 of Schedule 3 is modified as follows.

(2)

Paragraph 20A (accelerated procedure in special cases)f1 is to be read as if—

(a)

in sub-paragraph (1), at the beginning there were inserted “Except in the case of a Condition C person,”, and

(b)

in sub-paragraph (2)(b), for the words from “to cease” to the end there were substituted “to be included in the list referred to in section 88B(2) of the Police Act 1996 (police barred list) without delay.”.

(3)

Paragraph 22(10)(a) (purposes for which appropriate authority may request items from person investigating)f2 is to be read as if for “50(3) or 51(2A)” there were substituted “50 or 51”.

(4)

Paragraph 23(5A) (action by the Director General in relation to an investigation report)f3 is to be read as if—

(a)

in paragraph (a)(i)—

(i)

for “person” there were substituted “member of a police force or special constable”, and

(ii)

“misconduct or”, in the first place it appears, were omitted;

(b)

for paragraph (a)(ii) there were substituted—

“(ii)

whether, if there is no such case to answer, there nevertheless may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable,”;

(c)

in paragraph (b)—

(i)

at the beginning, there were inserted “except in the case of a Condition C person,”, and

(ii)

in sub-paragraph (ii)—

(aa)

for “person” there were substituted “member of a police force or special constable”, and

(bb)

“and, if so, what form the disciplinary proceedings should take” were omitted;

(d)

after paragraph (b) there were inserted—

“(ba)

in the case of a Condition C person—

(i)

having considered the views (if any) of the appropriate authority, make a determination as to the matters described in paragraph (a)(i) and (ii), and

(ii)

where the Director General has determined that the person has a case to answer in respect of gross misconduct, make a Condition C special determination in respect of that person,”;

(e)

in paragraph (c), after “paragraph (b)” there were inserted “or (ba), as the case may be,”;

(f)

in paragraphs (d) and (f), after “paragraph (b)” there were inserted “or determinations under paragraph (ba), as the case may be,”, and

(g)

in paragraph (e) —

(i)

“of a form specified in the determination” were omitted, and

(ii)

for “person” there were substituted “member of a police force or special constable or, in the case of a Condition C person, that the taking of such proceedings would be reasonable and proportionate”.

(5)

Paragraph 24(6) (action by the appropriate authority in response to an investigation report) is to be read as if—

(a)

in paragraph (a)—

(i)

at the beginning, there were inserted “except in the case of a Condition C person,”;

(ii)

in sub-paragraph (i), “misconduct or”, in the first place it appears, were omitted, and

(iii)

for sub-paragraph (ia), there were substituted—

“(ia)

where the appropriate authority determines that there is no such case to answer, whether there nevertheless may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable,”;

(b)

after paragraph (a), there were inserted—

“(aza)

in the case of a Condition C person, determine—

(i)

whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable, and

(ii)

where the appropriate authority determines that there may have been such a breach, whether the breach is so serious that, had the person not ceased to be a member of a police force or a special constable, it would have justified dismissal,”, and

(c)

in paragraph (aa), after “paragraph (a)” there were inserted “or (aza), as the case may be,”.

(6)

Paragraph 25 (reviews with respect to an investigation) is to be read as if—

(a)

in each of sub-paragraphs (4C)(c) and (4E)(c)—

(i)

after “police”, there were inserted “other than a Condition C person”;

(ii)

“misconduct or”, in the first place it appears, were omitted;

(iii)

sub-paragraph (ii) were omitted;

(iv)

in sub-paragraph (iii), “of the form specified in the recommendation” were omitted, and

(v)

in each of sub-paragraphs (iii) and (iv), “, efficiency or effectiveness” were omitted, and

(b)

after each of sub-paragraphs (4C)(c) and (4E)(c) there were inserted—

“(ca)

in the case of a Condition C person, make a determination (in place of the determination of the appropriate authority) as to—

(i)

whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the person not ceased to be a member of a police force or a special constable, and

(ii)

if so, whether the breach is so serious that, had the person not ceased to be a member of a police force or a special constable, it would have justified dismissal;”.

(7)

Paragraph 29 (minor definitions)f4 is to be read as if in the appropriate places there were inserted—

  • ““Condition C person” means a person in relation to whom regulation 4(2)(a) and (5)(a) and (b) of the Police (Conduct) Regulations 2020 is satisfied;”, and

  • ““Condition C special determination” means a determination in accordance with Part 1A of the Police (Conduct) Regulations 2020 as to whether the taking of disciplinary proceedings against a Condition C person in respect of alleged gross misconduct would be reasonable and proportionate having regard to—

    1. (a)

      the seriousness of the alleged gross misconduct;

    2. (b)

      the impact of the allegation on public confidence in the police, and

    3. (c)

      the public interest;”.

Annotations

Commencement

I1

Sch. 2 para. 2 in force at 1.2.2020, see reg. 1(1)

Footnotes

f1

Paragraph 20A was substituted by paragraphs 9 and 23 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

f2

Paragraph 22 was substituted by paragraphs 1, 11 and 21 of Schedule 12 to the Serious Organised Crime and Police Act 2005. There are other amendments to paragraph 22 but none is relevant.

f3

Paragraph 23(5A) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

f4

Paragraph 29 was inserted by paragraphs 1, 3 and 19 of Schedule 23 to the Criminal Justice and Immigration Act 2008. There is an amendment to that paragraph not relevant to these Regulations.