Statutory Instruments 1999 No. 730
The Police (Conduct) Regulations 1999 - continued

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Notification of finding
     33. The member concerned shall be informed orally of the finding and of any sanction imposed at the conclusion of the hearing and shall be provided with a written notification and summary of the reasons within three days.

Request for a review
     34.  - (1) Where a sanction is imposed under regulation 31, the member concerned shall be entitled to request the chief officer of the force concerned or, where the member concerned is a member of the metropolitan police force, the Assistant Commissioner ("the reviewing officer"), to review the finding or the sanction imposed or both the finding and the sanction.

    (2) A request for a review must be made to the reviewing officer in writing within 14 days of receipt of the written summary of reasons given in accordance with regulation 33 unless this period is extended by the reviewing officer.

    (3) The request for a review shall state the grounds on which the review is requested and whether a meeting is requested.

Conduct of the review
     35.  - (1) The reviewing officer shall hold a meeting with the member concerned if requested to do so.

    (2) Where a meeting is held the member concerned may be accompanied by a member of a police force and, in a case where regulation 16 applies, by counsel or a solicitor.

Finding of the review
     36.  - (1) The member concerned shall be informed of the finding of the reviewing officer in writing within three days of completion of the review.

    (2) The reviewing officer may confirm the decision of the hearing or he may impose a different sanction which is specified in regulation 31(i) but he may not impose a sanction greater than that imposed at the hearing.

    (3) The decision of the reviewing officer shall take effect by way of substitution for the decision of the hearing and as from the date of that hearing.

    (4) Where as a result of the decision of the reviewing officer the member concerned is dismissed, required to resign or reduced in rank he shall be notified in writing of his right of appeal to a Police Appeals Tribunal.

Hearing of review in absence of chief officer
     37.  - (1) Subject to paragraphs (2) to (4), where the chief officer is an interested party or the circumstances in section 12(4)(a) or (b) of the 1996 Act apply, the review shall be conducted by the assistant chief constable designated under section 12(4) of the 1996 Act.

    (2) Where the designated assistant chief constable is absent or an interested party, the review shall be conducted by the chief officer of another force who has agreed to act in that capacity.

    (3) Where the member concerned is a member of the metropolitan police force the review shall be conducted by the Assistant Commissioner or, if he is absent or an interested party, by the commander designated under paragraph 4(7) of Schedule 6 to the Police Regulations 1995[8] or, if that commander is absent or an interested party, by another assistant commissioner.

    (4) Where the member concerned is a member of the City of London police force, the review shall be conducted by the Commissioner or, if he is absent or an interested party, by the chief officer of another force who has agreed to act in that capacity or an assistant commissioner of the metropolitan police force who has agreed to act in that capacity.

Record of conduct proceedings
     38. The chief officer concerned shall cause a book of record to be kept in which shall be entered every case brought against a member of the police force, together with the finding thereon and a record of the decision in any further proceedings in connection therewith.

Special cases
     39.  - (1) This regulation applies to any case in which a report, complaint or allegation is made which indicates that the conduct of a member of a police force did not meet the appropriate standard and in respect of which the conditions specified in Part I of Schedule 2 are satisfied and his appropriate officer has issued a certificate under regulation 11(3)(b)(i).

    (2) In the application of these Regulations to a case to which this regulation applies, regulations 12 to 37 shall, subject to paragraph (3), have effect subject to the modifications specified in Part II of Schedule 2.

    (3) Where the case is one to which this regulation applies but has been returned to the supervising officer in pursuance of any provision of these Regulations as modified by Part II of Schedule 2, the provisions referred to in paragraph (2) shall thereafter have effect in relation to the case without modification.

    (4) In Part II of Schedule 2, any reference to a provision in these Regulations shall, unless the contrary intention appears, be construed as a reference to that provision as modified by that Part.


Jack Straw
One of Her Majesty's Principal Secretaries of State

Home Office
10th March 1999



SCHEDULE 1
Regulation 4(1)


CODE OF CONDUCT


Honesty and integrity
     1. It is of paramount importance that the public has faith in the honesty and integrity of police officers. Officers should therefore be open and truthful in their dealings; avoid being improperly beholden to any person or institution; and discharge their duties with integrity.

Fairness and impartiality
     2. Police officers have a particular responsibility to act with fairness and impartiality in all their dealings with the public and their colleagues.

Politeness and tolerance
     3. Officers should treat members of the public and colleagues with courtesy and respect, avoiding abusive or deriding attitudes or behaviour. In particular, officers must avoid: favouritism of an individual or group; all forms of harassment, victimisation or unreasonable discrimination; and overbearing conduct to a colleague, particularly to one junior in rank or service.

Use of force and abuse of authority
     4. Officers must never knowingly use more force than is reasonable, nor should they abuse their authority.

Performance of duties
     5. Officers should be conscientious and diligent in the performance of their duties. Officers should attend work promptly when rostered for duty. If absent through sickness or injury, they should avoid activities likely to retard their return to duty.

Lawful orders
     6. The police service is a disciplined body. Unless there is good and sufficient cause to do otherwise, officers must obey all lawful orders and abide by the provisions of Police Regulations. Officers should support their colleagues in the execution of their lawful duties, and oppose any improper behaviour, reporting it where appropriate.

Confidentiality
     7. Information which comes into the possession of the police should be treated as confidential. It should not be used for personal benefit and nor should it be divulged to other parties except in the proper course of police duty. Similarly, officers should respect, as confidential, information about force policy and operations unless authorised to disclose it in the course of their duties.

Criminal offences
     8. Officers must report any proceedings for a criminal offence taken against them. Conviction of a criminal offence may of itself result in further action being taken.

Property
     9. Officers must exercise reasonable care to prevent loss or damage to property (excluding their own personal property but including police property).

Sobriety
     10. Whilst on duty officers must be sober. Officers should not consume alcohol when on duty unless specifically authorised to do so or it becomes necessary for the proper discharge of police duty.

Appearance
     11. Unless on duties which dictate otherwise, officers should always be well turned out, clean and tidy whilst on duty in uniform or in plain clothes.

General conduct
     12. Whether on or off duty, police officers should not behave in a way which is likely to bring discredit upon the police service.

Notes


    (a) The primary duties of those who hold the office of constable are the protection of life and property, the preservation of the Queen's peace, and the prevention and detection of criminal offences. To fulfil these duties they are granted extraordinary powers; the public and the police service therefore have the right to expect the highest standards of conduct from them.

    (b) This Code sets out the principles which guide police officers' conduct. It does not seek to restrict officers' discretion: rather it aims to define the parameters of conduct within which that discretion should be exercised. However, it is important to note that any breach of the principles in this Code may result in action being taken by the organisation, which, in serious cases, could involve dismissal.

    (c) This Code applies to the conduct of police officers in all ranks whilst on duty, or whilst off duty if the conduct is serious enough to indicate that an officer is not fit to be a police officer. It will be applied in a reasonable and objective manner. Due regard will be paid to the degree of negligence or deliberate fault and to the nature and circumstances of an officer's conduct. Where off duty conduct is in question, this will be measured against the generally accepted standards of the day.



SCHEDULE 2
Regulation 39


SPECIAL CASES




PART I

CONDITIONS

     1.  - (1) The conditions referred to in regulation 39 are - 

    (a) the report, complaint or allegation indicates that the conduct of the member concerned is of a serious nature and that an imprisonable offence may have been committed by the member concerned; and

    (b) the conduct is such that, were the case to be referred to a hearing under regulation 11 and the officers conducting that hearing were to find that the conduct failed to meet the appropriate standard, they would in the opinion of the appropriate officer be likely to impose the sanction specified in regulation 31(1)(a) (dismissal from the force); and

    (c) the report, complaint or allegation is supported by written statements, documents or other material which is, in the opinion of the appropriate officer, sufficient without further evidence to establish on the balance of probabilities that the conduct of the member concerned did not meet the appropriate standard; and

    (d) the appropriate officer is of the opinion that it is in the public interest for the member concerned to cease to be a member of a police force without delay.

    (2) In this paragraph an "imprisonable offence" means an offence which is punishable with imprisonment in the case of a person aged 21 or over.



PART II

MODIFICATIONS

     2. For regulations 12 and 13 there shall be substituted the following regulations:

         " 12. At any time before the beginning of the hearing the appropriate officer may direct that the case be returned to the supervising officer.

         13.  - (1) The appropriate officer shall ensure that, as soon as practicable, the member concerned is invited to an interview with the appropriate officer at which he shall be given written notice of the decision to refer the case to a hearing and supplied with copies of - 

      (a) the certificate issued under regulation 11(3)(b)(i);

      (b) any statement he may have made to the investigating officer; and

      (c) any relevant statement, document or other material obtained during the course of the investigation.

        (2) The notice given under paragraph (1) shall specify the conduct of the member concerned which it is alleged failed to meet the appropriate standard and the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.

        (3) In this regulation any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.

        (4) Where the member concerned fails or is unable to attend the interview referred to in paragraph (1), the notice and copy document referred to in that paragraph shall be - 

      (a) delivered to the member concerned personally, or

      (b) left with some person at, or sent by recorded delivery to, the address at which he is, with the approval of the chief constable, residing.".

     3. For regulations 15 and 16 there shall be substituted the following regulations:

         " 15. The appropriate officer shall fix a date for the hearing which shall be not less than 21 and not more than 28 days from the date on which notice is given under regulation 13 and shall ensure that the member concerned is forthwith notified of the time, date and place of the hearing.

         16. The appropriate officer shall cause the member concerned to be given notice in writing, at the same time as he is given notice of the hearing under regulation 15, of the opportunity to elect to be legally represented at the hearing and of the effect of section 84(1) to (3) of the 1996 Act.".

     4. In regulation 17 (procedure on receipt) - 

    (a) in paragraph (1), for the words from "on which he is notified" to the end there shall be substituted the words

      " on which he receives the documents referred to in regulation 13 - 

      (a) whether or not he accepts that his conduct did not meet the appropriate standard; and

      (b) whether he wishes to be legally represented at the hearing"; and

    (b) paragraphs (2) and (3) shall be omitted.

     5. For regulation 18 there shall be substituted the following regulation:

         " 18.  - (1) Subject to paragraph (2), a case which is referred to a hearing under regulation 11(3)(b)(i) shall be heard by the chief officer concerned.

        (2) Where the chief officer concerned is an interested party, the case shall be heard by the chief officer of another force who has agreed to act in that capacity.".

     6. Regulation 19 shall be omitted.

     7. In regulation 20 (documents to be supplied to officers conducting the hearing), for "officers" there shall be substituted "officer" and for paragraphs (a) and (b) there shall be substituted the words "copy of the notice given, and of any documents provided to the member concerned, under regulation 13".

     8. In regulation 21 (representation), in paragraph (1) for "supervising" there shall be substituted "appropriate".

     9. For regulation 22 (conduct of hearing) there shall be substituted the following regulation - 

         " 22. The officer conducting the hearing may adjourn if it appears to him to be necessary or expedient to do so; but

      (a) shall not exercise the power to adjourn more than once; and

      (b) shall not adjourn for longer than a period of one week or, on application by the member concerned, 4 weeks.".

     10. In regulation 23 (procedure at hearing) - 

    (a) for "officers" wherever occurring there shall be substituted "officer"; and

    (b) for "their" in paragraph (1) there shall be substituted "his".

     11. In regulation 25 (attendance of complainant at hearing) - 

    (a) in paragraph (2) for the words "paragraphs (3) and (5)" there shall be substituted "paragraph (5)" and the words "while witnesses are being examined, or cross-examined," shall be omitted;

    (b) paragraphs (3) and (4) and, in paragraph (5), the words "subject as aforesaid," shall be omitted; and

    (c) for the words "presiding officer" wherever they occur there shall be substituted "officer conducting the hearing".

     12. In regulation 26 (attendance of others at hearing), paragraph (4) shall be omitted and for "presiding officer" there shall be substituted "officer conducting the hearing".

     13. Regulation 27 shall be omitted.

     14. In regulation 28 (statements in lieu of oral evidence) - 

    (a) in paragraph (1), the words ", or whether any question should or should not be put to a witness," shall be omitted;

    (b) in paragraph (2), for "13(1)" there shall be substituted "13(1) or (4)";

    (c) for the words "presiding officer" wherever they occur there shall be substituted "officer conducting the hearing"; and

    (d) at the end there shall be added the following paragraph:

        " (3) No witnesses shall be called by either party to the case.".

     15. In regulation 29 (remission of cases) - 

    (a) paragraphs (2)(b), (3) and (4) shall be omitted;

    (b) for the words "presiding officer" wherever they occur there shall be substituted "officer conducting the hearing"; and

    (c) at the end there shall be added the following paragraph:

        " (6) The officer conducting the hearing may return the case to the supervising officer if, either before or during the hearing, the officer conducting the hearing considers it appropriate to do so.".

     16. In regulation 30 (record of hearing) for "presiding officer" there shall be substituted "officer conducting the hearing".

     17. In regulation 31(1) (sanctions) for "officers" there shall be substituted "officer".

     18. In regulation 32 (personal record to be considered before sanction imposed) - 

    (a) for "officers" there shall be substituted "officer";

    (b) in sub-paragraph (a) for the words from "may receive evidence" to the word "officers" there shall be substituted "may admit such documentary evidence as would in the opinion of the officer"; and

    (c) in sub-paragraph (b) after the word "adduce" there shall be inserted "documentary".

     19. In regulation 33 (notification of finding) for "three days" there shall be substituted "24 hours".

     20. In regulation 34 (request for a review) - 

    (a) in paragraph (1) for the words from "chief officer" to the end there shall be substituted "chief officer concerned to refer the case to the chief officer of another force who has agreed to act in that capacity ("the reviewing officer") to review the finding or the sanction imposed or both the finding and the sanction"; and

    (b) in paragraph (2), for the words "reviewing officer" in the first place where they occur there shall be substituted "chief officer concerned" and the words from "unless" to the end shall be omitted.

     21. In regulation 36 (finding of the review) - 

    (a) in paragraph (1), for "three days" there shall be substituted "24 hours"; and

    (b) at the end there shall be added the following paragraph:

        " (5) Where the reviewing officer considers that the officer conducting the hearing should have returned the case to the supervising officer under regulation 29(6), he shall so return the case and the case shall thereafter be deemed to have been returned under that paragraph.".

     22. Regulation 37 shall be omitted.


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision, in pursuance of section 50 of the Police Act 1996, with respect to the conduct of members of police forces and the maintenance of discipline and establish procedures for cases in which a member of a police force may be dealt with by dismissal, requirement to resign, reduction in rank, fine, reprimand or caution. The Regulations, by virtue of regulation 3, do not apply to senior officers.

The Regulations revoke (with savings) the Police (Discipline) Regulations 1985 and provide new procedures for dealing with conduct which fails to meet the standard set out in the Code of Conduct contained in Schedule 1 to the Regulations.

Regulation 5 enables a chief officer of police to suspend a member of his force in respect of whose conduct a report, complaint or allegation has indicated failure to meet the appropriate standard. Regulation 6 precludes proceedings (except suspension) being taken under the Regulations while criminal proceedings are outstanding, unless there are exceptional circumstances.

Regulations 7 to 10 provide for an investigation of the case and a report to a supervising officer who may then refer the case to a hearing under regulation 11. Regulations 12 to 20 deal with the preliminary stages prior to a hearing and regulations 21 to 28 with representation, procedure and attendance at the hearing. Regulation 29 allows (and in certain cases requires) a hearing to be remitted to another presiding officer. Regulation 30 requires a record to be kept and regulations 31 and 32 deal with the imposition of sanctions.

Regulations 33 to 37 deal with the procedure following a hearing, including review at the request of the member concerned by the chief officer of his force or another senior officer. Regulation 38 requires a record book to be kept by each chief officer recording all proceedings under the Regulations against members of his force.

Regulation 39 and Schedule 2 provide for the Regulations to be modified in the case of special cases of serious conduct of a criminal nature.

Notes:

 [8] S.I. 1995/215, as amended by S.I. 1995/2020.back


ISBN 0 11 082196 3


 
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