Search Legislation

The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 3Amendment of the 2012 Rules

Amendment of the 2012 Rules

12.  The 2012 Rules are amended in accordance with this Part.

Amendment of rule 3 (interpretation)

13.  In rule 3(1)—

(a)in the appropriate places insert the following definitions—

“the 1996 Act” means the Police Act 1996;;

“disciplinary action”—

(a)

in relation to a police officer, has the same meaning as in the Conduct Regulations;

(b)

in relation to a former police officer, means a finding that he would have been dismissed if he had not ceased to be a member of a police force or a special constable;;

“relevant time” means, in relation to a former police officer, the time immediately before he ceased to be such an officer;;

(b)in the definition of “appellant” after “officer” insert “or a former police officer”;

(c)in the definition of “relevant local policing body”—

(i)in paragraph (a)—

(aa)after “the appellant” insert “(where the appellant is a police officer)”;

(bb)at the end omit “or”;

(ii)in paragraph (b) after “the appellant” insert “(where the appellant is a police officer)”;

(iii)after paragraph (b) insert—

(c)the police force of which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was a member at the relevant time; or

(d)the police force for the police area for which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was appointed as a special constable at the relevant time,;

(d)in the definition of “relevant decision” for “4 or 5” substitute “4, 5 or 5A”;

(e)in the definition of “relevant police force”—

(i)at the end of paragraph (a) omit “and”;

(ii)after paragraph (b) insert—

(c)where the appellant was a member of a police force at the relevant time, the police force of which he was a member; and

(d)where the appellant was a special constable at the relevant time, the police force maintained for the police area for which he was appointed..

New rule 5A

14.  After rule 5 (circumstances in which a police officer may appeal to a tribunal) insert—

Circumstances in which a former police officer may appeal to a tribunal

5A.(1) Subject to paragraph (3), a former police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against—

(a)the finding referred to in paragraph (2)(a) or (b) made under the Conduct Regulations; or

(b)any decision to impose disciplinary action under the Conduct Regulations in consequence of that finding,

or both.

(2) This paragraph applies to—

(a)a former police officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or

(b)former police officer against whom a finding of gross misconduct has been made at a special case hearing.

(3) A former police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a) or (b) where that finding was made following acceptance by the former officer that his conduct amounted to misconduct or gross misconduct (as the case may be).

(4) The grounds of appeal under this rule are—

(a)that the finding or decision to impose disciplinary action was unreasonable;

(b)that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision to impose disciplinary action; or

(c)that there was a breach of the procedures set out in the Conduct Regulations, the Police (Complaints and Misconduct) Regulations 2012 or Schedule 3 to the 2002 Act, or other unfairness which could have materially affected the finding or decision to impose disciplinary action..

Amendment of rule 6 (notice of appeal)

15.  In rule 6—

(a)in paragraph (1) after “officer” insert “or a former police officer”;

(b)in paragraph (3) after “officer” insert “or former officer”.

Amendment of rule 7 (notice of appeal)

16.  In rule 7—

(a)in paragraph (1) after “officer” insert “or a former police officer”;

(b)in paragraph (2)—

(i)after “officer” insert “or a former police officer”;

(ii)after “officer’s” insert “or former officer’s”.

Amendment of rule 8 (the respondent)

17.  In rule 8—

(a)in paragraph (1)—

(i)in sub-paragraph (a) after “police” insert “or a former police officer who was a chief officer of police at the relevant time”;

(ii)in sub-paragraph (b) after “officer” insert “or a former police officer who was an acting chief officer at the relevant time”;

(b)in paragraph (2) after “officer” insert “or other former police officer”.

Amendment of rule 9 (procedure on notice of appeal)

18.  In rule 9—

(a)in paragraph (5)(a) after “4(4)(b)” insert “, 5A(4)(b)”;

(b)in paragraph (9) after “4(4)(b)”, in both places where it appears, insert “, 5A(4)(b)”.

Amendment of rule 14 (notice of the hearing)

19.  In rule 14(1)—

(a)in paragraph (2) after “4(4)(b)” insert “, 5A(4)(b)”;

(b)in paragraph (4)(a) for “officer concerned” substitute “appellant”;

(c)in paragraph (9) after “4” insert or “5A”.

Amendment of rule 15 (legal and other representation)

20.  In rule 15(4) after “officer of the” insert “relevant”.

Amendment of rule 18 (attendance at hearing)

21.  In rule 18(1)(2) after “4” insert “or 5A”.

Amendment of rule 19 (attendance of complainant at hearing)

22.  In rule 19(7)(3) after “4” insert “or 5A”.

Amendment of rule 20 (attendance of IPCC at hearing)

23.  In rule 20(4)(4) after “4” insert “or 5A”.

Amendment of rule 21 (exclusion from hearing)

24.  In rule 21(3)(5) after “4” insert “or 5A”.

Amendment of rule 22 (statement of tribunal’s determination)

25.  In rule 22(6)—

(a)in paragraph (2) for “or rule 5(6)(b) or (c)” substitute “, rule 5(6)(b) or (c) or rule 5A(4)(b) or (c)”;

(b)after paragraph (5) insert—

(5A) Paragraph (5B) applies in a case where information in relation to the appellant which is included in the police barred list has been published by the College of Policing under section 88G(2) of the Police Act 1996(7).

(5B) The chair may include in the written statement any representations that the chair considers it appropriate to make in relation to the appellant and the question mentioned in regulation 11(2) of the Police Barred List and Advisory List Regulations 2017.;

(c)in paragraph (6) before “local” insert “relevant”;

(d)after paragraph (13) insert—

(13A) In any case where the appellant is a former police officer and disciplinary action was imposed under the Conduct Regulations, if on determination of the appeal the tribunal’s decision results in disciplinary action no longer being imposed, the relevant local policing body shall notify the College of Policing of the decision of the tribunal.;

(e)for paragraph (14) substitute—

(14) Paragraphs (9) to (13A) do not apply to an appeal brought in accordance with rule 5..

(1)

Paragraphs (4) to (9) were inserted by rules 2 and 4 of S.I. 2015/625.

(2)

Rule 18 was substituted by rules 2 and 5 of S.I. 2015/625.

(3)

Paragraph (7) was inserted by rules 2 and 6(b) of S.I. 2015/625.

(4)

Paragraph (4) was inserted by rules 2 and 7(b) of S.I. 2015/625.

(5)

Paragraph (3) was inserted by rules 2 and 8 of S.I. 2015/625.

(6)

Paragraphs (9) to (14) were inserted by rules 2 and 9(b) of S.I. 2015/625. There is another amendment of this rule but it is not relevant to these Regulations.

(7)

1996 c.16. Section 88G was inserted by section 30 of, and Schedule 8 to, the Policing and Crime Act 2017.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources