The Royal Ulster Constabulary (Conduct) Regulations 2000

Regulation 2(1)

SCHEDULE 1 Revocations

Regulations	References	Extent of revocation
Royal Ulster Constabulary (Discipline and Disciplinary Appeals Regulations 1988	S.R. 1988 No. 10	Part II, Schedules 1, 2 and 4
Royal Ulster Constabulary (Discipline and Disciplinary Appeals) (Amendment) Regulations 1994	S.R. 1994 No. 48	The whole regulations
Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) Regulations 1988	S.R. 1988 No. 8	The whole regulations
Royal Ulster Constabulary Reserve (Part-Time) (Discipline and Disciplinary Appeals) (Amendment) Regulations 1989	S.R. 1989 No. 472	The whole regulations
Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment) Regulations 1994	S.R. 1994 No. 49	The whole regulations
Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment No. 2) Regulations 1994	S.R. 1994 No. 292	The whole regulations
Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment) Regulations 1996	S.R. 1996 No. 254	The whole regulations
Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment No. 2) Regulations 1996	S.R. 1996 No. 344	The whole regulations
Royal Ulster Constabulary Reserve (Part-time) (Discipline and Disciplinary Appeals) (Amendment) Regulations 1997	S.R. 1997 No. 43	The whole regulations

Regulation 9

SCHEDULE 2 Cautions

1.  You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in any subsequent misconduct proceedings, it may harm your defence. You may, if you so desire, make a written or oral statement to the investigating officer or the chief constable. Anything you mention when questioned or any written or oral statement you make may be given in evidence at such misconduct proceedings.

2.  On [date] at [time] at [place] there was:

(a) on your person

(b) in or on your clothing/footwear

(c) in your possession

(d) in the place where you were at that time,

a [state the object/substance/mark].

• I believe the presence of this [state the object/substance/mark] may be due to your having breached the Code of Conduct.

• You do not have to say anything about [state the object/substance/mark], but I must caution you that if you fail or refuse to account for [state the object/substance/mark] then your failure or refusal may be treated in any subsequent misconduct proceedings as supporting any relevant evidence against you. If you do say anything it may be given in evidence at such misconduct proceedings.

• I now ask you to account for [state the object/substance/mark]. Have you anything you wish to say?

3.  You were found on [day and date] at [place] at [time] which is at or about the time the Code of Conduct is alleged to have been breached.

I believe your presence at [place] at that time may be due to your involvement in this breach of the Code of Conduct.

You do not have to say anything about your presence at [place], on [day and date] at [time] but I must caution you that if you fail or refuse to account for your presence at [place] then your failure or refusal may be treated in any subsequent misconduct proceedings as supporting any relevant evidence against you. If you do say anything it may be given in evidence at such misconduct proceedings.

I now ask you to account for your presence on [day and date] at [place] at or about [time]. Have you anything you wish to say?

SCHEDULE 3 Special Cases

Part I Conditions

Regulation 39

1.—(l) The conditions referred to in regulation 39 are—

(a) the report, complaint or allegation indicates that the conduct of the member concerned is of a serious nature and that an imprisonable offence may have been committed by the member concerned; and

(b) the conduct is such that, were the case to be referred to a hearing under regulation 11 and the officers conducting that hearing were to find that the conduct failed to meet the appropriate standard, they would in the opinion of the appropriate officer be likely to impose the sanction specified in regulation 31(l)(a) (dismissal from the force); and

(c) the report, complaint or allegation is supported by written statements, documents or other material which is, in the opinion of the appropriate officer, sufficient without further evidence to establish on the balance of probabilities that the conduct of the member concerned did not meet the appropriate standard; and

(d) the appropriate officer is of the opinion that it is in the public interest for the member concerned to cease to be a member of a police force without delay.

(2) In this paragraph an “imprisonable offence” means an offence which is punishable with imprisonment in the case of a person aged 21 or over.

Part II Modifications

2.  For regulations 12 and 13 there shall be substituted the following regulations:

“12.   At any time before the beginning of the hearing the appropriate officer may direct that the case be returned to the supervising member or Ombudsman as appropriate.

13.— (l) The appropriate officer shall ensure that, as soon as practicable, the member concerned is invited to an interview with the appropriate officer at which he shall be given written notice of the decision to refer the case to a hearing and supplied with copies of—

(a) the certificate issued under regulation 11(3)(b)(i);

(b) any statement he may have made to the investigating officer; and

(c) any relevant statement, document or other material obtained during the course of the investigation.

(2) The notice given under paragraph (1) shall specify the conduct of the member concerned which it is alleged failed to meet the appropriate standard and the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.

(3) In this regulation any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.

(4) Where the member concerned fails or is unable to attend the interview referred to in paragraph (1), the notice and copy document referred to in that paragraph shall be—

(a) delivered to the member concerned personally, or

(b) left with some person at, or sent by recorded delivery to, the address at which he is, with the approval of the chief constable, residing”

3.  For regulations 15 and 16 there shall be substituted the following regulations:

“15.   The appropriate officer shall fix a date for the hearing which shall be not less than 21 and not more than 28 days from the date on which notice is given under regulation 13 and shall ensure that the member concerned is forthwith notified of the time, date and place of the hearing.

16.   The appropriate officer shall cause the member concerned to be given notice in writing, at the same time as he is given notice of the hearing under regulation 15, of the opportunity to elect to be legally represented at the hearing”.

4.  In regulation 17 (procedure on receipt of notice)—

(a) in paragraph (1), for the words from “on which he is notified” to the end there shall be substituted the words:

“on which he receives the documents referred to in regulation l3—

(a) whether or not he accepts that his conduct did not meet the appropriate standard; and

(b) whether he wishes to be legally represented at the hearing”.

(b) sub-paragraph 1(c) and paragraphs (2) and (3) shall be omitted.

5.  For regulation 18 there shall be substituted the following regulation:

“l8.— (l) Subject to paragraph (2), a case which is referred to a hearing under regulation 11(3)(b)(i) shall be heard by the Chief Constable.

(2) Where the Chief Constable is an interested party, the case shall be heard by the chief officer of another force who has agreed to act in that capacity”.

6.  Regulation 19 shall be omitted.

7.  In regulation 20 (documents to be supplied to officers conducting the hearing), for “officers” there shall be substituted “officer” and for paragraphs (a) and (b) there shall be substituted the words “a copy of the notice given, and of any documents provided to the member concerned, under regulation 13”

8.  In regulation 21 (representation), in paragraph (1) for “supervising” there shall be substituted “appropriate”.

9.  For regulation 22 (conduct of hearing) there shall be substituted the following regulation—

“22.   The officer conducting the hearing may adjourn if it appears to him to be necessary or expedient to do so; but

(a) shall not exercise the power to adjourn more than once; and

(b) shall not adjourn for longer than a period of one week or, on application by the member concerned, 4 weeks”.

10.  In regulation 23 (procedures at hearing):

(a) for “officers” wherever occurring there shall be substituted “officer”; and

(b) in paragraph (1) there shall be substituted “his” for “their” and “procedure” for “procedures”.

11.  In regulation 24 paragraph 3 for “presiding officer” there shall be substituted “officer conducting the hearing”

12.  In regulation 25 (attendance of complainant at hearing)—

(a) in paragraph (2) for the words “paragraphs (3) and (5)” there shall be substituted “paragraph (5)” and the words “while witnesses are being examined, or cross-examined,” shall be omitted;

(b) paragraphs (3) and (4) and, in paragraph (5), the words “subject as aforesaid,” shall be omitted; and

(c) for the words “presiding officer” wherever they occur there shall be substituted “officer conducting the hearing”.

13.  In regulation 26 (attendance of others at hearing)—

(a) in paragraph (1) reference to paragraph (3) of regulation 25 shall be removed;

(b) paragraph (3) shall be omitted and for “presiding officer” there shall be substituted “officer conducting the hearing”.

14.  Regulation 27 shall be omitted.

15.  In regulation 28 (evidence at hearing)—

(a) in paragraph (1), the words, “or whether any question should or should not be put to a witness”, shall be omitted;

(b) in paragraph (2), for “13(1)” there shall be substituted “13(1) or (4)”;

(c) for the words “presiding officer” wherever they occur there shall be substituted “officer conducting the hearing”; and

(d) at the end there shall be added the following paragraph:

“(3) No witnesses shall be called by either party to the case”.

16.  In regulation 29 (remission of cases)—

(a) paragraphs (2)(b), (3) and (4) shall be omitted;

(b) for the words “presiding officer” wherever they occur there shall be substituted “officer conducting the hearing”; and

(c) at the end there shall be added the following paragraph:

“(6) The officer conducting the hearing may return the case to the supervising member or appropriate officer if either before or during the hearing, the officer conducting the hearing considers it appropriate to do so”.

17.  In regulation 30 (record of hearing) for “presiding officer” there shall be substituted “officer conducting the hearing”.

18.  In regulation 31(1) (sanctions) for “officers” there shall be substituted “officer”.

19.  In regulation 32 (personal record to be considered before sanction imposed)—

(a) for “officers” there shall be substituted “officer”;

(b) in sub-paragraph (a) for the words from “may receive evidence” to the word “officers” there shall be substituted “may admit such documentary evidence as would in the opinion of the officer”; and

(c) in sub-paragraph (b) after the word “adduce” there shall be inserted “documentary”.

20.  In regulation 33 (Finding) for “three working days” there shall be substituted “24 hours”.

21.  In regulation 34 (request for a review)—

(a) in paragraph (1) for the words from “Chief Constable” to the end there shall be substituted “Chief Constable to refer the case to the chief officer of another force who has agreed to act in that capacity (“the reviewing officer”) to review the finding or the sanction imposed or both the finding and the sanction”; and

(b) in paragraph (2), the words appearing after Regulation 33 to the end shall be omitted.

22.  In regulation 35 (conduct of the review), in paragraph (1) the words “Chief Constable” should be replaced by the words “reviewing officer”.

23.  In regulation 36 (finding of the review)—

(a) in paragraph (1), for “three days” there shall be substituted “24 hours”;

(b) the words “Chief Constable” shall be replaced with the words “reviewing officer” where they occur;

(c) at the end there shall be added the following paragraph:

“(5) Where the reviewing officer considers that the officer conducting the hearing should have returned the case to the supervising member or appropriate officer under regulation 29(6), he shall so return the case and the case shall thereafter be deemed to have been returned under that paragraph”.

24.  Regulation 37 shall be omitted.

SCHEDULE 4 Code of Conduct for RUC Officers

(a) The primary duties of members of the Royal Ulster Constabulary are the protection of life and property, the preservation of peace, and the prevention and detection of criminal offences. To fulfil these duties they are granted extraordinary powers; the public and the police service therefore have the right to expect the highest standards of conduct from them.

(b) This Code sets out the principles which guide police officers' conduct. It does not seek to restrict officers' discretion: rather it aims to define the parameters of conduct within which that discretion should be exercised. However, it is important to note that any breach of the principles in this Code may result in action being taken, which, in serious cases, could involve dismissal. In addition, the Police Ombudsman has powers in relation to disciplinary proceedings, for example, the Ombudsman can direct that charges can be brought and invoke a special procedure known as a Directed Tribunal.

(c) This Code applies to the conduct of members of the RUC in all ranks, and all members of the RUC Reserve, whether part-time or full-time whilst on duty, or off duty if the conduct is serious enough to indicate that an officer is not fit to be a police officer. It will be applied in a reasonable and objective manner. Due regard will be paid to the degree of negligence or deliberate fault and to the nature and circumstances of an officer’s conduct.

Honesty and integrity

1.  It is of paramount importance that the public has faith in the honesty and integrity of police officers. Officers should therefore be open and truthful in their dealings; avoid being improperly beholden to any person or institution; and discharge their duties with integrity.

Fairness and impartiality

2.  Police officers have a particular responsibility to act with fairness and impartiality in all their dealings with the public and their colleagues. and to be seen to do so.

Discrimination

3.  Quite apart from any breach of the equality legislation, police officers must not discriminate against the public or their colleagues for any reason related to sex, marital status, religious belief, political opinion, disability, racial group, age, sexual orientation, or having or not having dependants. Discrimination may be direct, or indirect or take the form of intimidation.

Note : “Racial Group means a group of persons defined by reference to colour, race, nationality or ethnic or national origins”.

Politeness and tolerance

4.  Officers should treat members of the public and colleagues with courtesy and respect, avoiding abusive and deriding attitudes or behaviour. In particular, officers must avoid: favouritism of an individual or group; all forms of harassment, victimisation or unlawful discrimination; and overbearing conduct to a colleague, particularly to one junior in rank or service.

Use of force and abuse of authority

5.  Officers must never knowingly use more force than is reasonable, nor should they abuse their authority.

Performance of duties

6.  Officers should be conscientious and diligent in the performance of their duties. Officers should attend work promptly when rostered for duty.

Lawful orders

7.  The police service is a disciplined body. Unless there is good and sufficient cause to do otherwise, officers must obey all lawful orders and abide by the provisions of RUC Regulations. Officers should support their colleagues in the execution of their lawful duties, and oppose any improper behaviour, reporting it where appropriate.

Confidentiality

8.  Information which comes into the possession of the police should be treated as confidential. It should not be used for personal benefit and nor should it be divulged to other parties except in the proper course of police duty. Similarly, officers should respect, as confidential, information about force policy and operations unless authorised to disclose it in the course of their duties.

Criminal Offences

9.  Officers must report any proceedings for a criminal offence taken against them. A conviction for a criminal offence may result in further action being taken.

Property

10.  Officers must exercise reasonable care to prevent loss or damage to property (excluding their own personal property but including police property).

Sobriety

11.  Whilst on duty(1) officers must be sober(2). Officers should not consume alcohol when on duty unless specifically authorised to do so or it becomes necessary for the proper discharge of police duty.

Appearance

12.  Unless on duties which dictate otherwise, officers should always be well turned out, clean and tidy whilst on duty in uniform or in plain clothes.

General Conduct

13.  Whether on or off duty, police officers should not behave in a way which is likely to bring discredit upon the police service.

(1)

The onus to remain sober applies when the officer is off duty but has agreed to be available for recall to duty to deal with matters which might occur within the area(s) he/she has agreed to cover. It does not apply to the general 24-hour responsibility officers have for their own command area/department.

(2)

An officer who is unexpectedly called out for duty should be able, at no risk of discredit, to say that he or she has had too much to drink.