The Police (Conduct) Regulations 2020
S.I. 2020/4 · Made 6 January 2020 · Extends to England and Wales
Police, England And Wales
Made 6th January 2020
Laid before Parliament 10th January 2020
Coming into force 1st February 2020
The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 50(1), (2)(e) and (f), (2A), (3), (3A) to (3G), (4) and (7), 51(1), (2)(b), (2)(ba) and (c), (2A) to (2H), (3A) and (4), 84(1) to (6), 88A(2)(b) and 88G(1)(b) of the Police Act 1996 M1, section 36(1(a) and (b) of, and paragraph 29 of Schedule 3 to, the Police Reform Act 2002 M2 and section 29(7) of the Policing and Crime Act 2017 M3.
In accordance with section 63(3)(a) of the Police Act 1996 M4, the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations.
Annotations to the whole text
Marginal citations
- M1
1996 c. 16. Section 50(2A) was inserted by section 82(12) of the Police Reform and Social Responsibility Act 2011 (c. 13) (“the 2011 Act”); section 50(3) was substituted by paragraphs 1 and 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4) (“the 2008 Act”); sections 50(3A) to (3G) and 51(2B) to (2H) were inserted by section 29(1) to (3) of the Policing and Crime Act 2017 (c. 3) (“the 2017 Act”) (the powers in sections 50(3A) and 51(2B) are limited by section 29(7) of the 2017 Act) and amended by paragraph 65(2) of Schedule 9 to the 2017 Act; section 50(4) was amended by paragraphs 1 and 3 of Schedule 22 to the 2008 Act and by paragraphs 1 and 32 of Schedule 16 to the 2011 Act; section 51(2)(ba) was inserted by section 35 of the Police Reform Act 2002 (c. 30) (“the 2002 Act”) and amended by paragraphs 1 and 4(2) of Schedule 22 to the 2008 Act; section 51(2A) was inserted by paragraphs 1 and 4 of Schedule 22 to the 2008 Act; section 51(3A) was inserted by section 128(1) of the Police Act 1997 (c. 50) and amended by paragraphs 1 and 33 of Schedule 16 to the 2011 Act; section 84 was substituted by paragraphs 1 and 7 of Schedule 22 to the 2008 Act and amended by paragraphs 1 and 40 of Schedule 16 to the 2011 Act and section 29(1) and (4) of, and paragraph 65(3) of Schedule 9 to, the 2017 Act. There are other amendments to sections 50 and 51, but none are relevant. Sections 88A and 88G were inserted by Schedule 8 to the 2017 Act.
- M2
2002 c. 30; section 36(1)(a) was amended by section 33(9) of, and paragraphs 15 and 53 of Schedule 9 to, the Policing and Crime Act 2017 and paragraph 29 of Schedule 3 was inserted by section 127 of, and paragraphs 1, 3 and 19 of Schedule 23 to, the Criminal Justice and Immigration Act 2008. There are amendments to paragraph 29, but none are relevant.
- M3
- M4
Section 63(3)(a) was substituted by paragraph 78(3) of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 6(2) of Schedule 22 to the Criminal Justice and Immigration Act 2008, sections 123(4) and 133(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 10(3)(b) of the Policing and Crime Act 2009 (c. 26). There are other amendments to section 63 but none are relevant.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation and delegation
- 3Revocations and transitional provisions
- 4Application
- Part 2: General
- 5Standards of Professional Behaviour
- 6The harm test
- 7Police friend
- 8Legal and other representation
- 9Provision of notices or documents
- 10Outstanding or possible criminal proceedings
- 11Duty to suspend where suspension condition met
- 11AReview of suspension under regulation 11
- 11BRegulation 11 supplementary: officer investigated in relation to a criminal offence
- 11CRegulations 11 and 11A supplementary: officer arrested or questioned under caution in relation to a relevant offence
- 11DDecision not to suspend in regulation 11C cases: notification to senior authority
- 11ERegulations 11 and 11A supplementary: officer arrested or questioned under caution in relation to an offence involving domestic abuse
- 11FAutomatic or mandatory suspension: officer charged with a relevant offence
- 11GMandatory suspension: officer charged with an offence involving domestic abuse
- 11HReview of suspension under regulation 11G: offences involving domestic abuse
- 12Record of disciplinary proceedings
- 12AConflicts of interest: disciplinary proceedings
- Part 3: Investigations
- 13Application of this Part
- 14Severity assessment
- 15Appointment of investigator
- 16Investigation
- 17Written notices
- 18Representations to the investigator
- 19Timeliness of investigation
- 20Interviews during investigation
- 21Report of investigation
- Part 4: Misconduct proceedings
- 22General
- 23Referral of case to misconduct proceedings
- 24Presenting of case by the Director General
- 25Joint misconduct proceedings
- 26Delegation of functions
- 27Withdrawal of misconduct proceedings
- 28Persons conducting misconduct proceedings
- 29Role of chair of misconduct hearing
- 30Notice of referral to misconduct proceedings
- 31Procedure on receipt of notice
- 32Witnesses and documents to be supplied
- 33Misconduct pre-hearing
- 34Timing of misconduct meeting
- 35Notice of misconduct proceedings and panel
- 36Public notification of misconduct hearings
- 37Attendance of officer concerned at misconduct proceedings
- 38Participation of the Director General and investigator at misconduct proceedings
- 39Reporting restrictions, participation and exclusions from proceedings
- 40Attendance of complainant, interested persons and others at misconduct proceedings
- 41Procedure at misconduct proceedings
- 42Outcome of misconduct proceedings
- 43Notification of outcome
- 44Record of misconduct proceedings
- 45Appeal from misconduct meeting: officers other than senior officers
- 46Appeal meeting
- 47Finding of the appeal
- Part 5: Accelerated Misconduct Hearings
- 48General
- 49Referral of case to accelerated misconduct hearing
- 50Remission of case
- 51Notice of referral to accelerated misconduct hearing
- 52Notice of accelerated misconduct hearing
- 53Public notification of accelerated misconduct hearing
- 54Procedure on receipt of notice
- 55Persons conducting accelerated misconduct hearing
- 56Documents to be supplied
- 57Attendance of officer concerned at accelerated misconduct hearing
- 58Participation of Director General and investigator at accelerated misconduct hearing
- 59Reporting restrictions and participation at accelerated misconduct hearing
- 60Notice to complainant and interested persons of accelerated misconduct hearing
- 61Procedure at accelerated misconduct hearing
- 62Outcome of accelerated misconduct hearing
- 63Notification of outcome
- 64Record of accelerated misconduct hearing
- Part 6: Reflective practice review process
- 65Interpretation and application
- 66General
- 67Referral to reflective practice review process
- 68Fact-finding stage
- 69Discussion stage
- 70Reflective review development report
- 71Failure to engage with the reflective practice review process
- Part 7: Amendment of the Special Constables Regulations 1965 and the Police Barred List and Police Advisory List Regulations 2017
- 72Amendment of the Special Constables Regulations 1965
- 73Amendment of the Police Barred List and Police Advisory List Regulations 2017
- Signature
- Schedule 1: Modifications to these Regulations in their application to former officers
- 1Modification to regulation 2 (interpretation and delegation)
- 2Modification: insertion of Part 1A
- 3Modification to regulation 7 (police friend)
- 4Modification to regulation 8 (legal and other representation)
- 5Modification to regulation 9 (provision of notices or documents)
- 6Modification: omission of regulations 11 to 11H (suspension)
- 7Modification to regulation 12 (record of disciplinary proceedings)
- 8Modification to regulation 14 (severity assessment)
- 9Modification to regulation 15 (appointment of investigator)
- 10Modification to regulation 16 (investigation)
- 11Modification to regulation 17 (written notices)
- 12Modification to regulation 20 (interviews during investigation)
- 13Modification: insertion of regulation 20A
- 14Modification to regulation 21 (report of investigation)
- 14AModification: insertion of Part 3A
- 14BModification: insertion of regulation 21G
- 15Modification to regulation 22 (general)
- 16Modification to regulation 23 (referral of case to misconduct proceedings)
- 17Modification to regulation 25 (joint misconduct proceedings)
- 18Modification to regulation 26 (delegation of functions)
- 19Modification to regulation 27 (withdrawal of misconduct proceedings)
- 20Modification to regulation 28 (persons conducting misconduct proceedings)
- 21Modification to regulation 30 (notice of referral to misconduct proceedings)
- 22Modification to regulation 31 (procedure on receipt of notice)
- 23Modification to regulation 32 (witnesses and documents to be supplied)
- 24Modification: omission of regulation 34 (timing of misconduct meeting)
- 25Modification to regulation 35 (notice of misconduct proceedings and panel)
- 26Modification to regulation 36 (public notification of misconduct hearings)
- 27Modification to regulation 37 (attendance of officer concerned at misconduct proceedings)
- 28Modification to regulation 38 (participation of the Director General and investigator at misconduct proceedings)
- 29Modification to regulation 39 (reporting restrictions, participation and exclusions from proceedings)
- 30Modification to regulation 40 (attendance of complainant, interested persons and others at misconduct proceedings)
- 31Modification to regulation 41 (procedure at misconduct proceedings)
- 32Modification to regulation 42 (outcome of misconduct proceedings)
- 33Modification to regulation 43 (notification of outcome)
- 34Modification to regulation 44 (record of misconduct proceedings)
- 34AModification: insertion of regulation 47A (application of Part 5)
- 35Modification: omission of regulations 45 to 47 (appeals)
- 36Modification to regulation 49 (referral of case to accelerated misconduct hearing)
- 36ZAModification to regulation 50 (remission of case)
- 36AModification to regulation 51 (notice of referral to accelerated misconduct hearing)
- 36BModification to regulation 52 (notice of accelerated misconduct hearing)
- 36CModification to regulation 54 (procedure on receipt of notice)
- 37Modification to regulation 55 (persons conducting accelerated misconduct hearing)
- 37AModification to regulation 56 (documents to be supplied)
- 38Modification to regulation 61 (procedure at accelerated misconduct hearing)
- 39Modification to regulation 62 (outcome of accelerated misconduct hearing)
- 40Modification to regulation 63 (notification of outcome)
- 41Modification: omission of Part 6 (reflective practice review process)
- 42Modification: omission of Schedule 3 (listed offences)
- Schedule 2Standards of professional behaviour
- Schedule 3: Listed offences
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Explanatory note