The Police (Conduct) Regulations 2020

Modification to regulation 23 (referral of case to misconduct proceedings) E+W

16.  Regulation 23 is to be read as if—

(a) in paragraph (1)—

(i) in sub-paragraph (a), in the first place it occurs, “misconduct or” were omitted;

(ii) for sub-paragraphs (b) and (c), there were substituted—

“(b) whether or not misconduct proceedings should be brought against the officer concerned, and

(c) if the appropriate authority determines the officer has no case to answer, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), “misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act) or” were omitted;

(ii) for sub-paragraphs (b) to (d), there were substituted—

“(b) whether or not misconduct proceedings should be brought against the officer concerned, and

(c) if the appropriate authority determines the officer has no case to answer, whether there may have been a breach of the Standards of Professional Behaviour that would have justified the bringing of disciplinary proceedings had the officer still been serving.”;

(c) in paragraph (3)—

(i) “and paragraph (10)” were omitted;

(ii) for “paragraph (2)(a) to (d)”, there were substituted “ paragraph (2)(a) to (c) ”;

(d) paragraphs (4), (6), (8) and (10) were omitted;

(e) in paragraph (5), for the words from “assess” to the end, there were substituted “ take no disciplinary action for gross misconduct against the officer concerned. ”;

(f) in paragraph (7)—

(i) for “completed the assessment under paragraph (5)”, there were substituted “ determined there is no case to answer or that no misconduct proceedings will be brought ”;

(ii) in subparagraph (a), for “the outcome of its assessment”, there were substituted “ its determination ”;

(g) in paragraph (9)—

(i) in sub-paragraph (a), the words from “of a form” to the end were omitted;

(ii) in sub-paragraph (b), “of the form specified in the recommendation” were omitted;

(iii) in sub-paragraph (c), “of a form specified in a recommendation” were omitted;

(iv) in the words after sub-paragraph (c), “of the form specified” were omitted.

Commencement Information

I1 Sch. 1 para. 16 in force at 1.2.2020, see reg. 1