OpenLegislation

Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

S.R. 2008/242 · Made 4 June 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. Part I: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Delegation of functions by Chief Constable
  5. Part II: PART 7 OF THE 1998 ACT
  6. 4Part 7 of the 1998 Act
  7. Part III: SUSPENSION, MODIFICATION AND WITHDRAWAL OF DESIGNATIONS
  8. 5Suspension
  9. 6Notification of matters relating to suspension
  10. 7Notices in relation to designations
  11. Part IV: COMPLAINTS AND OTHER MATTERS
  12. 8Complaints: making and receipt
  13. 9Conditions to be met for complaints
  14. 10Exceptions for certain complaints
  15. 11Complaints — informal resolution
  16. 12Unsatisfactory performance
  17. 13Complaints referred by Ombudsman to Chief Constable
  18. 14Consideration of other matters by the Ombudsman
  19. 15Conditions to be met for investigation of matters referred to Ombudsman
  20. 16Conditions to be met for investigation of other matters
  21. 17Exceptions for certain matters
  22. 18Investigation under Part 7 of the 1998 Act
  23. 19Report on investigation under Part 7 of the 1998 Act
  24. 20Criminal proceedings
  25. 21Mediation
  26. 22Compensation for complainants
  27. 23Expenses of complainants and witnesses
  28. 24Withdrawn complaints
  29. 25Failure to indicate whether further steps to be taken
  30. 26Dealing with complaints which are repetitious, vexatious etc.
  31. Part V: DESIGNATED PERSON EMPLOYED BY A CONTRACTOR
  32. 27Employee of contractor: determination of Ombudsman
  33. 28Employee of contractor: supervising member
  34. 29Employee of contractor: appointed officer
  35. 30Notice to designated person employed by contractor
  36. 31Employee of contractor: question of appropriate standard of conduct
  37. 32Employee of contractor: recommendation to Chief Constable
  38. Part VI: INVESTIGATION OF POLICE SUPPORT STAFF
  39. 33Police support staff: misconduct proceedings
  40. 34Police support staff: supervising member
  41. 35Officer appointed to investigate case
  42. 36Notice to designated person in the police support staff
  43. 37Police support staff: giving of caution
  44. 38Police support staff: question of misconduct proceedings
  45. 39Police support staff: special cases
  46. 40Special cases referred to appropriate officer
  47. 41Misconduct proceedings under direction or affected by exceptional circumstances
  48. Part VII: MISCONDUCT PROCEEDINGS
  49. 42Outstanding criminal proceedings
  50. 43Withdrawal of case
  51. 44Notice of decision to refer case to hearing
  52. 45Notification of hearing
  53. 46Procedure on receipt of notice
  54. 47Panel conducting the hearing
  55. 48Documents to be supplied to the designated person concerned
  56. 49Documents to be supplied to the panel conducting the hearing
  57. 50Representation
  58. 51Conduct of hearing
  59. 52Procedures at hearing
  60. 53Non-attendance
  61. 54Attendance of complainant at hearing
  62. 55Attendance of others at hearing
  63. 56Exclusion of public from hearing
  64. 57Evidence at hearing
  65. 58Remission of cases
  66. 59Record of hearing
  67. 60Finding, recommendation and sanction
  68. 61Personal record to be considered before recommendation made
  69. 62Request for a review
  70. 63Conduct of the review
  71. 64Finding of the review
  72. 65Hearing of review in absence of the Chief Constable
  73. 66Record of conduct proceedings
  74. Signature
  75. Schedule 1: COMPLAINTS WHICH ARE ANONYMOUS, REPETITIOUS OR INCAPABLE OF INVESTIGATION
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. Schedule 2: CAUTIONS
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. Schedule 3: SPECIAL CASES
  85. Part 1: Conditions
  86. 1Paragraph 1
  87. 2Modifications
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. 7Paragraph 7
  94. 8Paragraph 8
  95. 9Paragraph 9
  96. 10Paragraph 10
  97. 11Paragraph 11
  98. 12Paragraph 12
  99. 13Paragraph 13
  100. 14Paragraph 14
  101. 15Paragraph 15
  102. 16Paragraph 16
  103. 17Paragraph 17
  104. 18Paragraph 18
  105. 19Paragraph 19
  106. 20Paragraph 20
  107. 21Paragraph 21
  108. 22Paragraph 22
  109. 23Paragraph 23
  110. Schedule 4SPECIAL PROCEDURES FOR HEARING DIRECTED BY OMBUDSMAN OR AFFECTED BY EXCEPTIONAL CIRCUMSTANCES
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. Explanatory note