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

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Delegation of functions by Chief Constable

  3. PART II PART 7 OF THE 1998 ACT

    1. 4.Part 7 of the 1998 Act

  4. PART III SUSPENSION, MODIFICATION AND WITHDRAWAL OF DESIGNATIONS

    1. 5.Suspension

    2. 6.Notification of matters relating to suspension

    3. 7.Notices in relation to designations

  5. PART IV COMPLAINTS AND OTHER MATTERS

    1. 8.Complaints: making and receipt

    2. 9.Conditions to be met for complaints

    3. 10.Exceptions for certain complaints

    4. 11.Complaints — informal resolution

    5. 12.Unsatisfactory performance

    6. 13.Complaints referred by Ombudsman to Chief Constable

    7. 14.Consideration of other matters by the Ombudsman

    8. 15.Conditions to be met for investigation of matters referred to Ombudsman

    9. 16.Conditions to be met for investigation of other matters

    10. 17.Exceptions for certain matters

    11. 18.Investigation under Part 7 of the 1998 Act

    12. 19.Report on investigation under Part 7 of the 1998 Act

    13. 20.Criminal proceedings

    14. 21.Mediation

    15. 22.Compensation for complainants

    16. 23.Expenses of complainants and witnesses

    17. 24.Withdrawn complaints

    18. 25.Failure to indicate whether further steps to be taken

    19. 26.Dealing with complaints which are repetitious, vexatious etc.

  6. PART V DESIGNATED PERSON EMPLOYED BY A CONTRACTOR

    1. 27.Employee of contractor: determination of Ombudsman

    2. 28.Employee of contractor: supervising member

    3. 29.Employee of contractor: appointed officer

    4. 30.Notice to designated person employed by contractor

    5. 31.Employee of contractor: question of appropriate standard of conduct

    6. 32.Employee of contractor: recommendation to Chief Constable

  7. PART VI INVESTIGATION OF POLICE SUPPORT STAFF

    1. 33.Police support staff: misconduct proceedings

    2. 34.Police support staff: supervising member

    3. 35.Officer appointed to investigate case

    4. 36.Notice to designated person in the police support staff

    5. 37.Police support staff: giving of caution

    6. 38.Police support staff: question of misconduct proceedings

    7. 39.Police support staff: special cases

    8. 40.Special cases referred to appropriate officer

    9. 41.Misconduct proceedings under direction or affected by exceptional circumstances

  8. PART VII MISCONDUCT PROCEEDINGS

    1. 42.Outstanding criminal proceedings

    2. 43.Withdrawal of case

    3. 44.Notice of decision to refer case to hearing

    4. 45.Notification of hearing

    5. 46.Procedure on receipt of notice

    6. 47.Panel conducting the hearing

    7. 48.Documents to be supplied to the designated person concerned

    8. 49.Documents to be supplied to the panel conducting the hearing

    9. 50.Representation

    10. 51.Conduct of hearing

    11. 52.Procedures at hearing

    12. 53.Non-attendance

    13. 54.Attendance of complainant at hearing

    14. 55.Attendance of others at hearing

    15. 56.Exclusion of public from hearing

    16. 57.Evidence at hearing

    17. 58.Remission of cases

    18. 59.Record of hearing

    19. 60.Finding, recommendation and sanction

    20. 61.Personal record to be considered before recommendation made

    21. 62.Request for a review

    22. 63.Conduct of the review

    23. 64.Finding of the review

    24. 65.Hearing of review in absence of the Chief Constable

    25. 66.Record of conduct proceedings

  9. Signature

    1. SCHEDULE 1

      COMPLAINTS WHICH ARE ANONYMOUS, REPETITIOUS OR INCAPABLE OF INVESTIGATION

      1. 1.(1) In this Schedule any reference to an injured person...

      2. 2.For the purposes of regulation 26 a complaint is an...

      3. 3.(1) For the purposes of regulation 26 a complaint is...

      4. 4.(1) For the purposes of regulation 26 it shall not...

    2. SCHEDULE 2

      CAUTIONS

      1. 1.You do not have to say anything, but I must...

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

      3. 3.You were found on [day and date] at [place] at...

    3. SCHEDULE 3

      SPECIAL CASES

      1. PART 1 Conditions

        1. 1.(1) The conditions referred to in regulations 39 and 40...

      2. PART 2 Modifications

        1. 2.For regulations 43 (withdrawal of case) and 44 (notice of...

        2. 3.For regulation 45 (notification of hearing) substitute the following regulation—...

        3. 4.In regulation 46 (procedure on receipt of notice)—

        4. 5.For regulation 47 (panel conducting the hearing) substitute the following...

        5. 6.Omit regulation 48 (documents to be supplied to the designated...

        6. 7.In regulation 49 (documents to be supplied to the panel...

        7. 8.In regulation 50 (representation), in paragraph (1) for “supervising member”...

        8. 9.For regulation 51 (conduct of hearing) substitute the following regulation—...

        9. 10.In regulation 52 (procedures at hearing)— (a) for “panel” (wherever...

        10. 11.In regulation 53 (non-attendance) in paragraph (3) for “presiding officer”...

        11. 12.In regulation 54 (attendance of complainant at hearing)—

        12. 13.In regulation 55 (attendance of others at hearing)—

        13. 14.Omit regulation 56 (exclusion of public from hearing).

        14. 15.In regulation 57 (evidence at hearing)— (a) in paragraph (1),...

        15. 16.In regulation 58 (remission of cases)— (a) for “presiding officer”...

        16. 17.In regulation 59 (record of hearing) for “presiding officer” substitute...

        17. 18.In regulation 60 (finding, recommendation and sanction)—

        18. 19.In regulation 61 (personal record to be considered before recommendation...

        19. 20.In regulation 62 (request for a review)—

        20. 21.In regulation 63 (conduct of the review), in paragraph (1)...

        21. 22.In regulation 64 (finding of the review)—

        22. 23.Omit regulation 65 (hearing of review in absence of the...

    4. SCHEDULE 4

      SPECIAL PROCEDURES FOR HEARING DIRECTED BY OMBUDSMAN OR AFFECTED BY EXCEPTIONAL CIRCUMSTANCES

      1. 1.For regulation 47 (panel conducting the hearing) substitute— Panel conducting...

      2. 2.In regulation 50 (representation) for paragraph (1) (appointment of presenting...

      3. 3.In regulation 51 (conduct of hearing) for paragraph (2) substitute—...

      4. 4.For any reference in regulation 53, 54, 55, 56, 57,...

      5. 5.Omit regulation 58 (remission of cases).

  10. Explanatory Note

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