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Statutory Rules of Northern Ireland

2008 No. 242

POLICE

Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008

Made

4th June 2008

To be laid before Parliament

Coming into operation

1st July 2008

CONTENTS

Go to Preamble

  1. PART I

    INTRODUCTORY

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Delegation of functions by Chief Constable

  2. PART II

    Part 7 of the 1998 Act

    1. 4. Part 7 of the 1998 Act

  3. PART III

    SUSPENSION, MODIFICATION AND WITHDRAWAL OF DESIGNATIONS

    1. 5. Suspension

    2. 6. Notification of matters relating to suspension

    3. 7. Notices in relation to designations

  4. PART IV

    COMPLAINTS AND OTHER MATTERS

    1. 8. Complaints: making and receipt

    2. 9. Conditions to be met for complaints

    3. 10. Exceptions for certain complaints

    4. 11. Complaints — informal resolution

    5. 12. Unsatisfactory performance

    6. 13. Complaints referred by Ombudsman to Chief Constable

    7. 14. Consideration of other matters by the Ombudsman

    8. 15. Conditions to be met for investigation of matters referred to Ombudsman

    9. 16. Conditions to be met for investigation of other matters

    10. 17. Exceptions for certain matters

    11. 18. Investigation under Part 7 of the 1998 Act

    12. 19. Report on investigation under Part 7 of the 1998 Act

    13. 20. Criminal proceedings

    14. 21. Mediation

    15. 22. Compensation for complainants

    16. 23. Expenses of complainants and witnesses

    17. 24. Withdrawn complaints

    18. 25. Failure to indicate whether further steps to be taken

    19. 26. Dealing with complaints which are repetitious, vexatious etc.

  5. PART V

    DESIGNATED PERSON EMPLOYED BY A CONTRACTOR

    1. 27. Employee of contractor: determination of Ombudsman

    2. 28. Employee of contractor: supervising member

    3. 29. Employee of contractor: appointed officer

    4. 30. Notice to designated person employed by contractor

    5. 31. Employee of contractor: question of appropriate standard of conduct

    6. 32. Employee of contractor: recommendation to Chief Constable

  6. PART VI

    INVESTIGATION OF POLICE SUPPORT STAFF

    1. 33. Police support staff: misconduct proceedings

    2. 34. Police support staff: supervising member

    3. 35. Officer appointed to investigate case

    4. 36. Notice to designated person in the police support staff

    5. 37. Police support staff: giving of caution

    6. 38. Police support staff: question of misconduct proceedings

    7. 39. Police support staff: special cases

    8. 40. Special cases referred to appropriate officer

    9. 41. Misconduct proceedings under direction or affected by exceptional circumstances

  7. PART VII

    MISCONDUCT PROCEEDINGS

    1. 42. Outstanding criminal proceedings

    2. 43. Withdrawal of case

    3. 44. Notice of decision to refer case to hearing

    4. 45. Notification of hearing

    5. 46. Procedure on receipt of notice

    6. 47. Panel conducting the hearing

    7. 48. Documents to be supplied to the designated person concerned

    8. 49. Documents to be supplied to the panel conducting the hearing

    9. 50. Representation

    10. 51. Conduct of hearing

    11. 52. Procedures at hearing

    12. 53. Non-attendance

    13. 54. Attendance of complainant at hearing

    14. 55. Attendance of others at hearing

    15. 56. Exclusion of public from hearing

    16. 57. Evidence at hearing

    17. 58. Remission of cases

    18. 59. Record of hearing

    19. 60. Finding, recommendation and sanction

    20. 61. Personal record to be considered before recommendation made

    21. 62. Request for a review

    22. 63. Conduct of the review

    23. 64. Finding of the review

    24. 65. Hearing of review in absence of the Chief Constable

    25. 66. Record of conduct proceedings

    1. SCHEDULE 1

      Complaints which are anonymous, repetitious or incapable of investigation

    2. SCHEDULE 2

      Cautions

    3. SCHEDULE 3

      Special cases

      1. PART 1

        Conditions

      2. PART 2

        Modifications

    4. SCHEDULE 4

      Special procedures for hearing directed by Ombudsman or affected by exceptional circumstances

Go to Explanatory Note

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 34 of the Police (Northern Ireland) Act 2003(1).

In accordance with subsection (4) of that section, the Secretary of State has consulted the Police Ombudsman for Northern Ireland, the Northern Ireland Policing Board, the Chief Constable of the Police Service of Northern Ireland, and the Police Association for Northern Ireland:

(1)

2003 c. 6. Relevant amendments were made by Articles 6 and 7 of the Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (NI 6). Back [1]

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