OpenLegislation

Regulation 46 OutcomesI1

England and Wales

(1)

If the panel make a finding that, in a case falling within regulation 30(2) or (4), the performance or attendance of the officer concerned has been unsatisfactory they may, subject to paragraph (4), order—

(a)

one of the outcomes mentioned in paragraph (3)(a), (c) or (f), or

(b)

where the panel are satisfied that there are exceptional circumstances which justify it, the outcome mentioned in paragraph (3)(d).

(2)

If the panel make a finding that, in a case falling within regulation 32, the performance of the officer concerned constitutes gross incompetence, they may, subject to paragraph (4), order one of the outcomes mentioned in paragraph (3)(b), (c), (e) or (f).

(3)

The outcomes are—

(a)

dismissal of the officer concerned with notice, the period of the notice to be decided by the panel, subject to a minimum period of 28 days;

(b)

dismissal of the officer concerned with immediate effect;

(c)

reduction in rank of the officer concerned with immediate effect;

(d)

an extension of the period of the F1written improvement notice issued to the officer concerned;

(e)

the issue to the officer concerned of a F2written improvement notice;

(f)

redeployment of the officer concerned to alternative duties (which may involve a reduction of rank) within the police force concerned.

(4)

The panel may not order a reduction in rank with immediate effect where–

(a)

the officer is a special constable, or

(b)

the F3second stage meeting relates to the attendance of the officer.

(5)

In considering whether to order any of the outcomes mentioned in paragraph (3), the panel—

(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 their consideration; and

(c)

must give—

(i)

the officer, the officer’s police friend or, in a case falling within regulation 32, the officer’s relevant lawyer, and

(ii)

the appropriate authority,

an opportunity to make oral or written representations before making a decision.

(6)

If the panel make a finding, in a case falling within regulation 32, of unsatisfactory performance, they must order the issue to the officer concerned of a written improvement notice.

(7)

A written improvement notice F4... issued under this regulation must—

(a)

state in what respect the performance or attendance of the officer concerned (as the case may be) is considered unsatisfactory or the performance, grossly incompetent;

(b)

state the improvement that is required in performance or attendance;

F5(c)

state that, if a sufficient improvement is not made within such period as the panel specifies in accordance with paragraph (7A), the officer may be required to attend another second stage meeting, and state the date with which this period ends;

(d)

state that it is valid for a period of 12 months beginning with the date of the notice;

(e)

state that, if the sufficient improvement referred to in sub-paragraph (c) is not maintained during any part of the validity period remaining after the expiry of the period specified in accordance with sub-paragraph (c), the officer may be required to attend F6another second stage meeting F7...; and

(f)

be signed and dated by the panel chair.

F8(7A)

The period specified must be three months, except where the panel considers that there are circumstances which justify a longer period, in which case the period specified must be a reasonable period not exceeding 12 months.

(8)

Where the panel orders an extension of the period relating to F9a written improvement notice —

(a)

the notice must be amended—

(i)

to state that if the officer concerned does not make a sufficient improvement within such reasonable period as the panel specifies (being a period not exceeding 12 months) the officer may be required to attend another F10second stage meeting, and

(ii)

to state the date with which this period ends;

(b)

the panel may vary any of the other matters recorded in the notice;

(c)

the notice is valid for a further period of 12 months.

Annotations

Textual amendments

F1

Words in reg. 46(3)(d) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(2) (with reg. 65)

F2

Words in reg. 46(3)(e) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(2) (with reg. 65)

F3

Words in reg. 46(4)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(3) (with reg. 65)

F4

Words in reg. 46(7) 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), 52(4)(a) (with reg. 65)

F5

Reg. 46(7)(c) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(4)(b) (with reg. 65)

F6

Word in reg. 46(7)(e) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(4)(c)(i) (with reg. 65)

F7

Words in reg. 46(7)(e) 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), 52(4)(c)(ii) (with reg. 65)

F8

Reg. 46(7A) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(5) (with reg. 65)

F9

Words in reg. 46(8) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(6)(a) (with reg. 65)

F10

Words in reg. 46(8)(a)(i) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 52(6)(b) (with reg. 65)

Commencement

I1

Reg. 46 in force at 1.2.2020, see reg. 1

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)