The Police (Conduct) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision, under sections 50 and 51 of the Police Act 1996 and section 81 of the Police Act 1997, with respect to the conduct of members of police forces and special constables and the maintenance of discipline and establish procedures for cases in which police officers may be dealt with by dismissal, requirement to resign, reduction in rank, fine, reprimand or caution.

The Regulations revoke the Police (Conduct) Regulations 1999 and the Police (Conduct) (Senior Officers) Regulations 1999, and replace them with a single set of provisions. In certain respects the procedures which apply to senior officers (those of or above the rank of assistant chief constable or commander) continue to differ from those which apply to other officers. For these purposes, special constables are treated as if they are not senior officers, regardless of the actual rank or grade they have.

Regulation 5 enables an appropriate authority (as defined in regulation 3) to suspend an officer in respect of whose conduct a report, complaint or allegation has indicated failure to meet the appropriate standard.

Regulation 7 provides for the appointment of a supervising officer (in the case of officers other than senior officers only) and regulation 8 provides for the appointment of an investigating officer whose report may lead to a hearing. Regulations 9 to 22 deal with the preliminary stages prior to a hearing and regulations 23 to 32 with representation, procedure and attendance at the hearing. Regulation 33 allows (and in certain cases requires) a hearing to be remitted to another presiding officer (in the case of officers other than senior officers only). Regulation 34 requires a record to be kept and regulations 35 and 36 deal with the imposition of sanctions.

Regulations 37 to 43 deal with the procedure following a hearing, including, in the case of officers other than senior officers, review at the request of the officer concerned by the chief officer of his force or another senior officer. Regulation 44 requires a record book to be kept recording proceedings under the Regulations.

Schedule 1 sets out the Code of Conduct which represents the appropriate standard for officers, and regulation 45 and Schedule 2 provide for the Regulations to be modified in the case of special cases of serious conduct of a criminal nature.