Paragraph 32 Modification to regulation 42 (outcome of misconduct proceedings)I1

These Regulations are to be read as if for regulation 42 there were substituted—

“Outcome of misconduct hearing

42

(1)

The persons conducting a misconduct hearing may, subject to the provisions of this regulation—

(a)

where they find the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or

(b)

where they find that the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action.

(2)

Where the question of disciplinary action for gross misconduct is being considered, the persons considering it—

(a)

must have regard to the record of police service of the officer concerned as shown on the officer's personal record;

(b)

may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question, including evidence of mitigating circumstances disclosed prior to the hearing to—

(i)

a police force;

(ii)

a registered medical practitioner, or

(iii)

a staff association;

(c)

must give—

(i)

the officer concerned;

(ii)

if the officer concerned is legally represented, the officer's relevant lawyer or, if the officer is not legally represented, the officer's police friend;

(iii)

the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5); and

(iv)

the Director General or the Director General's relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case,

an opportunity to make oral or written representations before any such question is determined, and

(d)

where representations are received into mitigating circumstances—

(i)

must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and

(ii)

in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.

(3)

Paragraph (4) applies where disciplinary action for gross misconduct is imposed.

(4)

The person chairing a misconduct hearing must provide any information to the appropriate authority or, as the case may be, the originating authority, that the person considers ought to be included by virtue of regulation 3(2)(l) of the Police Barred List and Police Advisory List Regulations 2017 M1 in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply).”.