The Police (Conduct) Regulations 2020

Attendance of complainant, interested persons and others at misconduct proceedings E+W

40.—(1) This regulation applies in the case of misconduct proceedings arising from—

(a) a conduct matter under Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc.), or

(b) the investigation of a complaint to which paragraph 19A of that Schedule (special procedure where investigation relates to police officer or special constable) M1 applied.

(2) The appropriate authority must notify the complainant and any interested person of the date, time and place of the misconduct proceedings and, if applicable, of their right to make representations under regulation 36(3).

(3) Subject to regulation 39(3) and (5), the complainant or any interested person may attend the misconduct meeting as an observer.

(4) Subject to regulation 39(3) and (5), a complainant or interested person may be accompanied at a misconduct meeting by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.

(5) The person conducting or chairing the misconduct proceedings may, at the person's discretion, put any questions to the officer concerned that the complainant or interested person may request be put to the officer.

(6) A person nominated by the Director General may, as an observer, attend a misconduct meeting which arises from a case to which—

(a) paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applied, or

(b) paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) applied and in relation to which the Director General—

(i) made a recommendation under paragraph 25(4C)(c) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted, or

(ii) gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings).

Commencement Information

I1 Reg. 40 in force at 1.2.2020, see reg. 1

Marginal Citations

M1 Paragraph 19A was substituted for paragraphs 19A to 19E by paragraphs 9 and 21 of Schedule 5 to the Policing and Crime Act 2017.