Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008
S.R. 2008/242 · Made 4 June 2008
POLICE
Made 4th June 2008
To be laid before Parliament
Coming into operation 1st July 2008
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 34 of the Police (Northern Ireland) Act 2003f1.
In accordance with subsection (4) of that section, the Secretary of State has consulted the Police Ombudsman for Northern Ireland, the Northern Ireland Policing Board, the Chief Constable of the Police Service of Northern Ireland, and the Police Association for Northern Ireland:
Annotations to the whole text
Footnotes
- f1
-
2003 c. 6. Relevant amendments were made by Articles 6 and 7 of the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (NI 6).
Contents
- Part I: INTRODUCTORY
- 1Citation and commencement
- 2Interpretation
- 3Delegation of functions by Chief Constable
- Part II: PART 7 OF THE 1998 ACT
- 4Part 7 of the 1998 Act
- Part III: SUSPENSION, MODIFICATION AND WITHDRAWAL OF DESIGNATIONS
- 5Suspension
- 6Notification of matters relating to suspension
- 7Notices in relation to designations
- Part IV: COMPLAINTS AND OTHER MATTERS
- 8Complaints: making and receipt
- 9Conditions to be met for complaints
- 10Exceptions for certain complaints
- 11Complaints — informal resolution
- 12Unsatisfactory performance
- 13Complaints referred by Ombudsman to Chief Constable
- 14Consideration of other matters by the Ombudsman
- 15Conditions to be met for investigation of matters referred to Ombudsman
- 16Conditions to be met for investigation of other matters
- 17Exceptions for certain matters
- 18Investigation under Part 7 of the 1998 Act
- 19Report on investigation under Part 7 of the 1998 Act
- 20Criminal proceedings
- 21Mediation
- 22Compensation for complainants
- 23Expenses of complainants and witnesses
- 24Withdrawn complaints
- 25Failure to indicate whether further steps to be taken
- 26Dealing with complaints which are repetitious, vexatious etc.
- Part V: DESIGNATED PERSON EMPLOYED BY A CONTRACTOR
- 27Employee of contractor: determination of Ombudsman
- 28Employee of contractor: supervising member
- 29Employee of contractor: appointed officer
- 30Notice to designated person employed by contractor
- 31Employee of contractor: question of appropriate standard of conduct
- 32Employee of contractor: recommendation to Chief Constable
- Part VI: INVESTIGATION OF POLICE SUPPORT STAFF
- 33Police support staff: misconduct proceedings
- 34Police support staff: supervising member
- 35Officer appointed to investigate case
- 36Notice to designated person in the police support staff
- 37Police support staff: giving of caution
- 38Police support staff: question of misconduct proceedings
- 39Police support staff: special cases
- 40Special cases referred to appropriate officer
- 41Misconduct proceedings under direction or affected by exceptional circumstances
- Part VII: MISCONDUCT PROCEEDINGS
- 42Outstanding criminal proceedings
- 43Withdrawal of case
- 44Notice of decision to refer case to hearing
- 45Notification of hearing
- 46Procedure on receipt of notice
- 47Panel conducting the hearing
- 48Documents to be supplied to the designated person concerned
- 49Documents to be supplied to the panel conducting the hearing
- 50Representation
- 51Conduct of hearing
- 52Procedures at hearing
- 53Non-attendance
- 54Attendance of complainant at hearing
- 55Attendance of others at hearing
- 56Exclusion of public from hearing
- 57Evidence at hearing
- 58Remission of cases
- 59Record of hearing
- 60Finding, recommendation and sanction
- 61Personal record to be considered before recommendation made
- 62Request for a review
- 63Conduct of the review
- 64Finding of the review
- 65Hearing of review in absence of the Chief Constable
- 66Record of conduct proceedings
- Signature
- Schedule 1: COMPLAINTS WHICH ARE ANONYMOUS, REPETITIOUS OR INCAPABLE OF INVESTIGATION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 2: CAUTIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 3: SPECIAL CASES
- Part 1: Conditions
- 1Paragraph 1
- 2Modifications
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Schedule 4SPECIAL PROCEDURES FOR HEARING DIRECTED BY OMBUDSMAN OR AFFECTED BY EXCEPTIONAL CIRCUMSTANCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Explanatory note