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Statutory Instruments

2008 No. 2864

Police, England And Wales

The Police (Conduct) Regulations 2008

Made

5th November 2008

Coming into force

1st December 2008

Contents

Go to Preamble

  1. PART 1

    Preliminary

    1. 1. Citation, commencement and extent

    2. 2. Revocation and transitional provisions

    3. 3. Interpretation and delegation

    4. 4. The harm test

  2. PART 2

    General

    1. 5. Application

    2. 6. Police Friend

    3. 7. Legal and other representation

    4. 8. Provision of notices or documents

    5. 9. Outstanding or possible criminal proceedings

    6. 10. Suspension

  3. PART 3

    Investigations

    1. 11. Application of this Part

    2. 12. Assessment of conduct

    3. 13. Appointment of investigator

    4. 14. Investigation

    5. 15. Written notices

    6. 16. Representations to the investigator

    7. 17. Interviews during investigation

    8. 18. Report of investigation

  4. PART 4

    Misconduct Proceedings

    1. 19. Referral of case to misconduct proceedings

    2. 20. Withdrawal of case

    3. 21. Notice of referral to misconduct proceedings and panel membership

    4. 22. Procedure on receipt of notice

    5. 23. Witnesses

    6. 24. Timing and notice of misconduct proceedings

    7. 25. Persons conducting misconduct proceedings: officers other than senior officers

    8. 26. Persons conducting misconduct proceedings: chief constables etc.

    9. 27. Persons conducting misconduct proceedings: other senior officers

    10. 28. Documents to be supplied

    11. 29. Attendance of officer concerned at misconduct proceedings

    12. 30. Participation of Commission and investigator at misconduct proceedings

    13. 31. Attendance of complainant or interested person at misconduct proceedings

    14. 32. Attendance of others at misconduct proceedings

    15. 33. Exclusion from misconduct proceedings

    16. 34. Procedure at misconduct proceedings

    17. 35. Outcome of misconduct proceedings

    18. 36. Notification of outcome

    19. 37. Record of misconduct proceedings

    20. 38. Appeal from misconduct meeting: officers other than senior officers

    21. 39. Appeal meeting

    22. 40. Procedure and finding of the appeal

  5. PART 5

    Fast track procedure for special cases

    1. 41. Referral of case to special case hearing

    2. 42. Remission of case

    3. 43. Notice of referral to special case hearing

    4. 44. Notice of special case hearing

    5. 45. Procedure on receipt of notice

    6. 46. Person conducting special case hearing: officers other than senior officers

    7. 47. Persons conducting special case hearing: chief constables etc.

    8. 48. Persons conducting special case hearing: other senior officers

    9. 49. Documents to be supplied

    10. 50. Attendance of officer concerned at special case hearing

    11. 51. Participation of Commission and investigator at special case hearing

    12. 52. Attendance of complainant and interested persons at special case hearing

    13. 53. Attendance of others at special case hearing

    14. 54. Procedure at special case hearing

    15. 55. Outcome of special case hearing

    16. 56. Notification of outcome

    17. 57. Record of special case hearing

  6. PART 6

    Record Keeping

    1. 58. Record of disciplinary proceedings

    1. SCHEDULE

      Standards of Professional Behaviour

Go to Explanatory Note

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 50, 51 and 84 of the Police Act 1996(1).

In accordance with section 63(3)(2) of that Act, she has supplied the Police Advisory Board for England and Wales with a draft of these Regulations and has taken into consideration the representations of that Board.

In accordance with section 84(9)(3) of that Act, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.

(1)

1996 c.16, Section 50 was amended by paragraph 95 of Schedule 27 to the Greater London Authority Act 1999 (c.29) and section 125 of the Criminal Justice and Police Act 2001 (c.16). It is also amended by paragraph 3 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c.4). Section 51 was amended by section 128 of the Police Act 1997 (c.50) and section 35 of the Police Reform Act 2002 (c.30). It is also amended by paragraph 4 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4). Section 84 was amended by section 125 of the Criminal Justice and Police Act 2001 and paragraph 119 of Schedule 21 to the Legal Services Act 2007 (c.29). It is also amended by paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4). Back [1]

(2)

Relevant amendments to section 63 were made by paragraph 78 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15). Section 63 is also amended by paragraph 6 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c.4). Back [2]

(3)

Section 84(9) is inserted by paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c.4). Back [3]

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