Regulation 5 Amendments relating to support of local policing bodies in scrutiny of disciplinary proceedings

(1)

In regulation 39 (reporting restrictions, participation and exclusion from proceedings), after paragraph (3), insert—

“(3A)

Where the person chairing a misconduct hearing exercises their power under paragraph (3) to exclude any person from all or part of the hearing, impose conditions that have the effect of excluding any person from all or part of the hearing or prohibit the publication of any matter relating to the hearing, the person must give written reasons to the local policing body for taking such action.”.

(2)

In regulation 43 (notification of outcome)—

(a)

in paragraph (1)—

(i)

at the end of sub-paragraph (d), insert “and”; and

(ii)

after sub-paragraph (d) insert—

“(e)

where it was found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice, the reasons for that decision.”;

(b)

in paragraph (5)—

(i)

omit the “and” at the end of sub-paragraph (a)(ii);

(ii)

at the end of sub-paragraph (b), insert “and”; and

(iii)

after sub-paragraph (b) insert—

“(c)

the local policing body where—

(i)

the appropriate authority or originating authority is not a local policing body; and

(ii)

the person conducting the misconduct hearing found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice.”.

(3)

In regulation 59 (reporting restrictions and participation at accelerated misconduct hearings), after paragraph (3), insert—

“(4)

Where the person conducting or chairing an accelerated misconduct hearing exercises their power under paragraph (2) to exclude any person from all or part of the hearing, impose conditions that have the effect of excluding any person from all or part of the hearing or prohibit the publication of any matter relating to the hearing, the person must give written reasons to the local policing body for taking such action.”.

(4)

In regulation 63 (notification of outcome)—

(a)

in paragraph (1)—

(i)

at the end of sub-paragraph (c), insert “and”;

(ii)

after sub-paragraph (c) insert—

“(d)

where it was found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice, the reasons for that decision.”;

(b)

in paragraph (4)—

(i)

omit the “and” at the end of sub-paragraph (a)(ii);

(ii)

at the end of sub-paragraph (b) insert “and”; and

(iii)

after sub-paragraph (b) insert—

“(c)

where the person conducting the accelerated misconduct hearing found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice, the local policing body.”.

(5)

In Schedule 1 (modifications to the Regulations in their application to former officers)—

(a)

in paragraph 33 (modification to regulation 43), after sub-paragraph (a)(iii), insert—

“(iv)

in sub-paragraph (e), as if for “was not” there were substituted “would not have been” and, after “notice”, there were inserted “if the officer concerned had not ceased to be a member of a police force or a special constable”;”;

(b)

for paragraph 40 (modification to regulation 63) substitute—

“Modification to regulation 63 (notification of outcome)

40.

Regulation 63(1) is to be read as if—

(a)

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

“(c)

whether disciplinary action for gross misconduct was imposed.”; and

(b)

in sub-paragraph (d), for “was not” there were substituted “would not have been” and after “notice” there were inserted “if the officer concerned had not ceased to be a member of a police force or a special constable”,”.