Regulation 32 Circumstances in which a second stage meeting may be required without a prior first stage meetingF3F4I1
England and Wales
This regulation applies where the appropriate authority—
decides that the performance of a police officer constitutes gross incompetence;
has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties of appropriate authority in relation to direction by Director General to bring disciplinary proceedings) to comply with a direction, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation)f1 that a person’s performance is unsatisfactory and amounts to gross incompetence;
decides to accept a recommendation made under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation)f2 that misconduct proceedings of the form specified in the recommendation are brought;
decides to accept a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought;
decides to accept a recommendation made under paragraph 27(3A) of that Schedule (recommendation of Director General to appropriate authority)f3 that a police officer’s performance is unsatisfactory and amounts to gross incompetence, or
has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc)f4 to comply with a direction to give effect to a recommendation referred to in sub-paragraph (c) or (e).
The appropriate authority must inform the officer concerned in writing that the officer is required to attend a meeting to consider performance where this regulation applies.
Annotations
Textual amendments
- F1
Words in reg. 32(3) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(3)(a) (with reg. 65)
- F2
Words in reg. 32(3) omitted (28.5.2025) by virtue of The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(3)(b) (with reg. 65)
- F3
Words in reg. 32 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(2)(a) (with reg. 65)
- F4
Words in reg. 32 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(2)(b) (with reg. 65)
Commencement
- I1
Reg. 32 in force at 1.2.2020, see reg. 1
Footnotes
- f1
-
Paragraph 23(5A) and (5B) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 (“the 2017 Act”) and paragraph 23(5A) was amended by paragraphs 15 and 56 of Schedule 9 to that Act.
- f2
-
Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the 2017 Act and amended by paragraphs 15 and 56 of Schedule 9 to that Act.
- f3
-
Paragraph 27(3A) was inserted by section 138(2) and (4) of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) and amended by paragraph 56(2) of Schedule 9 to the 2017 Act.
- f4
-
Paragraph 27(4) was amended by paragraphs 15 and 56 of Schedule 9 to the 2017 Act.
Notes on Part 5
Textual amendments
- F1
Words in Pt. 5 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 36 (with reg. 65)