Regulation 14 Arrangement of misconduct proceedings

in paragraph (3)—

in paragraph (4), after sub-paragraph (a), insert—

“(aa)

a copy of any audio recording made of an interview under regulation 12(7), or, where no audio recording is made, a copy of the written record made under regulation 12(8),”,

after paragraph (4), insert—

“(4A)

For the purposes of paragraph (5), a misconduct form is to be treated as having been given to the constable—

(a)

if given to the constable in person, on the date on which it is given,

(b)

if sent to the constable by email or by any other means of electronic communication, on the date on which it is sent,

(c)

if left with a person at the constable’s last known address, on the date on which it is left,

(d)

if sent to the constable’s last known address by first class post using a recorded delivery service or any other postal service which provides for recorded delivery the next working day, on the second working day after the date on which it is sent.

(4B)

Where a misconduct form is required to be sent to the constable under paragraph (2), it may instead be sent to—

(a)

a police representative chosen by the constable in accordance with regulation 6, or

(b)

a legal representative acting for the constable in accordance with regulation 7,

and any such sending is to be treated for the purposes of this regulation (including paragraph (4A)) as sending the misconduct form to the constable.”,

in paragraph (5), for “from the date of receipt of the misconduct form”, substitute “from the date on which the misconduct form is treated as having been given to the constable”,

after paragraph (5), insert—

“(5A)

If the constable does not provide the written notice required under paragraph (5), the deputy chief constable may refer the misconduct allegation to misconduct proceedings notwithstanding the constable’s failure to provide the written notice.”.