Regulation 20 Amendment of regulation 13 (suspension)

For regulation 13 substitute—

“Duty to suspend where suspension condition met

13

(1)

The vetting authority must suspend the officer concerned from the office of constable and, in the case of a member of the police force, from membership of the force, if—

(a)

the vetting authority is satisfied that the condition in paragraph (4) (the “suspension condition”) is met, and

(b)

the officer is not already suspended under the Conduct Regulations.

(2)

An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations and the Conduct Regulations.

(3)

Suspension under this regulation must be with pay.

(4)

The suspension condition is that—

(a)

the withdrawal assessment may be prejudiced unless the officer concerned is suspended, or

(b)

the public interest otherwise requires that the officer should be suspended.

(5)

When determining if the suspension condition is satisfied, the vetting authority must consider whether temporary redeployment to alternative duties or an alternative location is an appropriate alternative to suspension in all the circumstances of the case.

(6)

Suspension is effective from the date and time of notification, which must be given to the officer concerned either—

(a)

in writing with a summary of the reasons, or

(b)

orally, in which case the vetting authority must confirm the suspension in writing with a summary of the reasons before the end of the period of three working days beginning with the first working day after the suspension.

(7)

Suspension under this regulation must continue until whichever of the following occurs first—

(a)

the vetting authority is no longer satisfied, following a review under regulation 13A, that the suspension condition is met;

(b)

regulation 11F(2)(c) or 11G(2) of the Conduct Regulations applies (in which case the officer’s suspension continues under the Conduct Regulations);

(c)

it is decided that the matter should not be subject to a withdrawal assessment;

(d)

such a withdrawal assessment has concluded.

Review of suspension under regulation 13

13A

(1)

The officer concerned, or the officer's police friend, may make representations against suspension under regulation 13 to the vetting authority—

(a)

before the end of the period of seven working days beginning with the first working day after the officer is suspended;

(b)

at any time during the suspension if the officer reasonably believes that circumstances relevant to the suspension condition have changed.

(2)

The vetting authority must review whether the suspension condition is met—

(a)

on receipt of any representations under paragraph (1);

(b)

if there has been no previous review, before the end of the period of 12 weeks beginning with the first working day after the suspension;

(c)

in any other case—

(i)

when it becomes aware that circumstances relevant to the suspension condition may have changed (otherwise than by means of representations made under paragraph (1)(b));

(ii)

before the end of the period of 12 weeks beginning with the first working day after the previous review.

(3)

Where, following a review, the vetting authority remains satisfied that the suspension condition is met, it must, before the end of three working days beginning with the first working day after the review, so notify the officer concerned in writing with a summary of the reasons.

(4)

In this regulation, “suspension condition” has the same meaning as in regulation 13(1)(a).”.