The Police (Conduct) Regulations (Northern Ireland) 2016
- (8) Where the person representing the member concerned is counsel or a solicitor, the police friend of the member concerned may also confer with the member concerned in the circumstances mentioned at paragraph (7)(b).
- (9) The police friend or counsel or solicitor of the member concerned may not answer any questions asked of the member concerned during the special case hearing.
- (10) The person conducting or chairing the special case hearing may allow any document to be considered at the hearing notwithstanding that a copy of it has not been supplied—
- (a) by the member concerned to the appropriate authority in accordance with regulation 46(2); or
- (b) to the member concerned in accordance with regulation 44(1).
- (11) Where evidence is given or considered at the special case hearing that the member concerned—
- (a) on being questioned by an investigator, at any time after he was given written notice under regulation 16(1) or 17(1); or
- (b) in submitting any information or by not submitting any information at all under regulation 46 (or, where paragraph (13) applies, regulation 18(1) or 24(2) or (3)),
failed to mention any fact relied on in his case at the special case hearing, being a fact which in the circumstances existing at the time, the member concerned could reasonably have been expected to mention when so questioned or when providing such information, paragraph (12) applies.
- (12) Where this paragraph applies, the person or persons conducting the special case hearing may draw such inferences from the failure as appear proper.
- (13) This paragraph applies where the case was certified as a special case following a determination made under regulation 42(3).
- (14) The person or persons conducting the special case hearing shall review the facts of the case and decide whether or not the conduct of the member concerned amounts to gross misconduct.
- (15) The person or persons conducting the special case hearing shall not find that the conduct of the member concerned amounts to gross misconduct unless—
- (a) he is or they are satisfied on the balance of probabilities that this is the case; or
- (b) the member concerned admits it is the case.
- (16) At a special case hearing conducted by a panel, any decision shall be based on a majority but shall not indicate whether it was taken unanimously or by a majority.
- (17) Where the member concerned is a senior officer, the persons conducting the special case hearing shall, as soon as practicable after the hearing, submit a report to the Board, together with a copy to the senior officer concerned, setting out—
- (a) the finding of the persons conducting the hearing under paragraph (14);
- (b) the reasons for that finding;
- (c) if the finding was that the conduct of the senior officer concerned amounted to gross misconduct, a recommendation as to any disciplinary action which in their opinion should be imposed; and
- (d) any other matter arising out of the hearing which they desire to bring to the notice of the Board.
- (18) In any case in which the Ombudsman was entitled to attend as an observer or to present the case under regulation 51(1), the person or persons conducting the special case hearing shall send a copy of any report submitted under paragraph (17) to the Ombudsman.
- (19) The Board shall send a copy of the report submitted under paragraph (17) to the Department of Justice and the Chief Constable.
Outcome of special case hearing
54
- (1) Where the person or persons conducting the special case hearing in the case of a member other than a senior officer find that the conduct of the member concerned amounts to gross misconduct, he or they shall impose disciplinary action, which may be—
- (a) subject to paragraphs (3) and (4), a final written warning;
- (b) extension of a final written warning in accordance with paragraph (2); or
- (c) reduction in rank; or
- (d) dismissal with notice; or
- (e) dismissal without notice.
- (2) Where the member concerned is a senior officer and the Board has received a report under regulation 53(17)(c) it shall, in agreement with the Ombudsman where the Ombudsman was entitled to attend as an observer under regulation 51, impose disciplinary action under paragraph (1).
- (3) Where the member concerned had a final written warning in force on the date of the assessment of the conduct under regulation 12(1) or on the date of the recommendation under section 59(2) of the 1998 Act that disciplinary proceedings should be brought—
- (a) a final written warning shall not be given; but
- (b) subject to paragraph (5), in exceptional circumstances, the final written warning may be extended.
- (4) Where a final written warning is extended under paragraph (3), that warning shall remain in force for a period of 18 months from the date on which it would otherwise expire.
- (5) A final written warning may be extended on one occasion only.
- (6) Where the person conducting the special case hearing in the case of a member other than a senior officer finds that the conduct of the member concerned does not amount to gross misconduct, he may—
- (a) dismiss the case; or
- (b) return the case to the Chief Constable to deal with it in accordance with Part 4 at a misconduct meeting or, if the member concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) or at the date of the recommendation under section 59(2) of the 1998 Act that disciplinary proceedings should be brought or at the date of the direction under section 59(5), as the case may be, at a misconduct hearing.
- (7) Where the member concerned is a senior officer and the Board has received a report under regulation 53(17) to the effect that the conduct of the senior officer concerned does not amount to gross misconduct the Board may, in agreement with the Ombudsman where the Ombudsman was entitled to attend as an observer under regulation 51,—
- (a) dismiss the case; or
- (b) deal with it in accordance with Part 4 at a misconduct meeting or, if the member concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) or on the date of the recommendation under section 59(2) of the 1998 Act that disciplinary proceedings should be brought, at a misconduct hearing.
- (8) Where the case is returned to the Chief Constable under paragraph (6)(b) or dealt with by the Board under paragraph (7)(b), the appropriate authority shall proceed in accordance with Part 4, subject to regulation 21(1) being read as if the words “regulation 42 and paragraphs (6) and (7), on receipt of the investigator’s written report” were omitted and replaced with “paragraphs (6) and (7), on receipt of a determination under regulation 54(6)(b) or (7)(b)”.
- (9) Except in the case of extending a final written warning, the disciplinary action shall have effect from the date on which it is notified to the member concerned.
- (10) Where the question of disciplinary action is being considered, the person or persons conducting the special case hearing—
- (a) shall have regard to the record of police service of the member concerned as shown on his personal record;
- (b) may consider such documentary evidence as would, in his or their opinion, assist him or them in determining the question; and
- (c) shall give—
- (i) the member concerned; and
- (ii) his police friend or his counsel or solicitor,
an opportunity to make oral or written representations.
Notification of outcome
55
- (1) The member concerned shall be informed of—
- (a) the finding; and
- (b) any disciplinary action imposed under regulation 54(1) or any action taken under regulation 54(6) as the case may be,
as soon as practicable and in any event shall be provided with written notice of these matters and a summary of the reasons before the end of 5 working days beginning with the first working day after the conclusion of the special case hearing in accordance with regulation 54.
- (2) Where the member concerned is a senior officer he shall be informed of any disciplinary action imposed under regulation 54(2) or any action taken under regulation 54(7), as the case may be, as soon as practicable, and in any event shall be provided with written notice of the action (if any) and the Board’s reasons before the end of 5 working days beginning with the first working day after the conclusion of the special case hearing.
- (3) A written notice under this regulation shall include notice of the right of the member concerned to an appeal hearing.
- (4) The appropriate authority shall send a copy of any written notice under this regulation to the Ombudsman, in any case in which the Ombudsman was entitled to attend the special case hearing as an observer under regulation 51(1).
Record of special case hearing
56
- (1) A verbatim record of the proceedings at the special case hearing shall be taken.
- (2) Where the member concerned has exercised his right of appeal in accordance with regulation 55(3) he shall, on request, be supplied with a copy of the record of the proceedings at the special case hearing.
- (3) Where the member concerned is a senior officer, a verbatim record of the special case hearing shall be taken and the transcript of the record shall be made and sent to the Board.
PART 6 — Record Keeping
Record of disciplinary proceedings
57
- (1) Subject to paragraph (2), the Chief Constable shall cause a record to be kept of disciplinary proceedings and special case proceedings brought against every member concerned, together with the finding and decision on disciplinary action and the decision in any appeal by the member concerned.
- (2) Where the member concerned is the Chief Constable, the Board shall cause such a record to be kept.
PART 7 — Supplemental
Amendment to the Royal Ulster Constabulary (Complaints etc.) Regulations 2000
58
In regulation 19(7) of the Royal Ulster Constabulary (Complaints etc.) Regulations 2000[^f00013] for “Royal Ulster Constabulary (Conduct) Regulations 2000” substitute “Police (Conduct) Regulations (Northern Ireland) 2016”.
SCHEDULE
CODE OF ETHICS FOR THE POLICE SERVICE OF NORTHERN IRELAND — PREAMBLE
Policing is an honourable profession that plays an important part in the maintenance of a just and fair society. The people of Northern Ireland have the right to expect the Police Service to protect their human rights by safeguarding the rule of law and providing a professional Police Service.
Police officers are required to respect and obey the law at all times and will be held personally responsible and accountable for their own acts or omissions.
Effective policing requires the co-operation of the public. Police officers, when carrying out their duties in accordance with the provisions of this Code, have the right to expect the respect and support of the public and elected representatives.
Public confidence in the Police Service is closely related to the attitude and behaviour of officers towards members of the public, in particular their respect for the human rights and fundamental freedoms of individuals as enshrined in the European Convention on Human Rights.
Police officers have the same right to respect for their human rights and fundamental freedoms and to work in an environment free of harassment or discrimination in any form.
This Code of Ethics is intended: to lay down standards of conduct and practice for police officers, and to make police officers aware of their rights and obligations under the Human Rights Act 1998 and the European Convention on Human Rights.
The standards in this Code are to be applied to: relationships between police officers and the general public, sections of the public and particular individuals; relationships between police officers and other professionals in the criminal justice system; relationships between individual police officers and their colleagues; and relationships between individual police officers and the Police Service.
The statutory authority for the Code of Ethics can be found in section 52 of the Police (Northern Ireland) Act 2000[^f00014]. The contents of the Code are drawn from a number of sources, including; the Police Service attestation set out in section 38(1) of the Police (Northern Ireland) Act 2000; the European Convention on Human Rights; other relevant human rights instruments, including: the United Nations Code of Conduct for Law Enforcement Officials; the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; and the European Police Code of Ethics.
Police officers are required, at all times, to carry out their duties in accordance with the provisions of the Code of Ethics. In the event that a Police Service instruction, policy or procedure conflicts with the provisions of the Code of Ethics, officers are required to comply with provisions of this Code.
Any conduct, whether on or off duty, which brings or is likely to bring discredit on the Police Service may be investigated in order to establish whether or not a breach of the Code has occurred. A breach of the Code may result, in appropriate circumstances, in a criminal or disciplinary investigation, either by the Office of the Police Ombudsman or the Police Service.
Where police officers are investigated for a breach of this Code, whether by the Office of the Police Ombudsman or the Police Service, they have the right to expect that the investigation will be conducted in a prompt, thorough, impartial and careful manner.
This Code shall be applied in any investigation, hearing or decision relating to misconduct in a reasonable and objective manner. Due regard shall be given to the degree of negligence or deliberate fault of an officer and to the nature and circumstances of the officer’s misconduct.
POLICE SERVICE OF NORTHERN IRELAND CODE OF ETHICS — ETHICAL STANDARDS REQUIRED OF POLICE OFFICERS
Article 1 Professional Duty
1.1
Police officers have a duty under section 32 of the Police (Northern Ireland) Act 2000:—
- (a) to protect life and property;
- (b) to preserve order;
- (c) to prevent the commission of offences; and
- (d) where an offence has been committed, to take measures to bring the offender to justice.
1.2
Police officers shall, as far as practicable, carry out their functions in cooperation with, and with the aim of securing the support of, the local community.
(Sourced from: Section 32(5) Police (Northern Ireland) Act 2000.)
1.3
Police officers shall carry out their duties in accordance with the Police Service attestation set out in section 38(1) of the Police (Northern Ireland) Act 2000, which states: “I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all individuals and their traditions and beliefs; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all of the duties thereof according to law.”
1.4
Police officers shall not subject any person to torture or to cruel, inhuman or degrading treatment or punishment. No circumstances whatsoever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.
(Sourced from: Article 5 United Nations Universal Declaration of Human Rights; Article 3 European Convention of Human Rights; Principle 6 United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.)
1.5
The Police Service is a disciplined body. Unless there is good and sufficient cause to do otherwise, police officers shall obey all lawful orders and abide by the provisions of Police Service policy and procedure. They shall refrain from carrying out any orders they know, or ought to know, are unlawful. No disciplinary action shall be taken against any police officer who refuses to carry out an unlawful order.
(Sourced from: Paragraph A(4) and A(7) Council of Europe Declaration on the Police.)
1.6
Police officers shall not take active part in politics.
(Sourced from: Schedule 1, regulation 6 Police Service of Northern Ireland Regulations 2005.)
1.7
Police officers shall notify the Chief Constable of their membership of any organisation which might reasonably be regarded as affecting their ability to discharge their duties effectively and impartially in accordance with Police Service policy on registration of notifiable memberships.
(Sourced from: Section 51 of the Police (Northern Ireland) Act 2000.)
1.8
Police officers shall not suffer administrative or other penalties because they have reported that a violation of this Code has occurred or is about to occur unless such a report is shown to be malicious or manifestly ill founded.
(Sourced from: Article 8 United Nations Code of Conduct for Law Enforcement Officials.)
1.9
Police officers shall ensure that accurate records are kept of their duties as required by relevant Codes of Practice and Police Service policy and procedure. Police officers shall not through neglect make any false, misleading or inaccurate oral or written statement or entry in any record or document made, kept or required for police purposes. Nor shall they omit to make any oral or written statement or entry in any such record or document. They shall not, through lack of care, alter, deface, erase, conceal or destroy any record or document, kept or made in connection with any police activity.
1.10
Whether on or off duty, police officers shall not behave in a way that is likely to bring discredit upon the Police Service.
Article 2 Police Investigations
2.1
Police investigations shall, as a minimum, be based upon reasonable suspicion of an actual or possible offence or crime. They shall be conducted in a prompt, thorough, impartial and careful manner so as to ensure accountability and responsibility in accordance with the law.
2.2
Police officers shall follow the principle that everyone who is the subject of a criminal investigation shall be presumed innocent until found guilty by a court.
2.3
Police officers shall treat all victims of crime and disorder with sensitivity and respect their dignity. Police officers shall consider any special needs, vulnerabilities and concerns which victims may have. Subject to the rules governing confidentiality, victims shall be updated on the progress of any relevant investigations in accordance with Police Service policy and procedure.
(Note: The term ‘victims’ includes the relatives of a deceased person where the circumstances of the death are being investigated by the police.)
2.4
Police officers shall take account of the particular needs of witnesses and shall be guided by Police Service policy and procedure for their protection and support, in particular, where the intimidation of witnesses is a risk.
(Sourced from: Article 4 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power; Article 1 United Nations Code of Conduct for Law Enforcement Officials; Paragraphs 47, 48 and 51 of the European Code of Police Ethics.)
Article 3 Privacy and Confidentiality
3.1
Police officers shall gather, retain, use and disclose information or data in accordance with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights and shall comply with all relevant legislation and Police Service policy and procedure governing the gathering, retention, use and disclosure of information or data.
(Note: Relevant legislation includes the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Freedom of Information Act 2000 and associated regulations.)
3.2
Police officers shall exercise powers of search and surveillance only when it is lawful, necessary and proportionate to do so.
3.3
Information or data of a personal or confidential nature in the possession or control of police officers shall be kept confidential, unless the performance of duty, compliance with legislation or the needs of justice require otherwise.
(Sourced from: Article 4 United Nations Code of Conduct for Law Enforcement Officials.)
3.4
Police officers shall not gather, retain, use or disclose information or data of a personal or confidential nature for personal benefit. They shall comply with Police Service policy governing contact with the media.
Article 4 Use of Force
4.1
Police officers, in carrying out their duties, shall as far as possible apply non-violent methods before resorting to any use of force. Any use of force shall be the minimum appropriate in the circumstances and shall reflect a graduated and flexible response to the threat. Police officers may use force only if other means remain ineffective or have no realistic chance of achieving the intended result.
(Sourced from: Article 4 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.)
4.2
Police officers responsible for the planning and control of operations where the use of force is a possibility shall so far as possible plan and control them to minimise recourse to the use of force, in particular, potentially lethal force. Consideration shall be given during the planning of an operation to the need for medical assistance to be available.
(Sourced from: European Court of Human Rights: McCann-v-UK (1995) 21 EHRR paragraph 194.)
4.3
Wherever it is necessary for police officers to resort to the lawful use of force or firearms, they shall:
- (a) exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate object to be achieved;
- (b) minimise damage and injury, and respect and preserve human life;
- (c) ensure that assistance and medical aid are secured to any injured person at the earliest possible opportunity;
- (d) ensure that relatives or close friends of the injured or affected person are notified at the earliest possible opportunity;
- (e) report the incident promptly to their supervisors;
- (f) comply with Police Service policy, procedure and guidance.
(Sourced from: Article 5(A)-(C), Article 6 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.)
4.4
A police officer shall discharge a firearm only where the officer honestly believes it is absolutely necessary to do so in order to save life or prevent serious injury, unless the discharge is for training purposes or the destruction of animals.
(Sourced from: European Court of Human Rights: Andronicou and Constantinou –v- Cyprus (1997) 25 EHRR; Article 9 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.)
4.5
Before police officers resort to the use of firearms, they shall identify themselves and give a clear warning of their intent to us firearms, with sufficient time for the warnings to be observed, unless to do so:
- (a) would unduly place any person at a risk of death or serious injury; or
- (b) would be clearly inappropriate or pointless in the circumstances of the incident.
(Sourced from: Article 10 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.)
4.6
Police supervisors shall ensure that stress counselling is offered to police officers who have been involved in violent situations or who have discharged a firearm.
(Sourced from: Article 21 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.)
Article 5 Detained Persons
5.1
Police officers shall ensure that all detained persons for whom they have responsibility are treated in a humane and dignified manner. Arrest and detention shall only be carried out in accordance with the provisions of the European Convention on Human Rights, relevant legislation and associated Codes of Practice.
(Sourced from: Principles 1 and 2 United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; Articles 5, 6 and 8 European Convention on Human Rights; Police and Criminal Evidence (Northern Ireland) Order 1989 and its Codes of Practice C-E; Section 99 and Schedule 8 Terrorism Act 2000.)
5.2
In their dealings with detained persons, police officers shall, as far as possible, apply non-violent methods before resorting to any use of force. Where force is required, such use of force shall be the minimum required in the circumstances and shall be lawful, proportionate and necessary for the maintenance of security and order, to prevent escape, injury, damage to property or the destruction of evidence, or where the detained person resists the taking of items or samples for criminal justice purposes as authorised by law.
(Sourced from: Articles 5 and 8 European Convention on Human Rights; Police and Criminal Evidence (Northern Ireland) Order 1989 and its Codes of Practice C-E.)
5.3
Police officers shall take every reasonable step to protect the health and safety of detained persons and shall take immediate action to secure medical assistance for such persons where required.
(Sourced from: Article 6 United Nations Code of Conduct for Law Enforcement Officials.)
Article 6 Equality
6.1
Police officers shall act with fairness, self-control, tolerance and impartiality when carrying out their duties. They shall use appropriate language and behaviour in their dealings with members of the public, groups from within the public and their colleagues. They shall give equal respect to all individuals and their traditions, beliefs and lifestyles provided that such are compatible with the rule of law.
(Sourced from: Section 38 Police (Northern Ireland) Act 2000.)
6.2
In carrying out their duties police officers shall treat all persons or classes of persons equally regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, association with a national minority, disability, age, sexual orientation, marital or family status, property, birth or any other status. Any difference in treatment shall be required to be justified and proportionate.
(Sourced from: Article 14 European Convention on Human Rights, Sections 75 and 76 Northern Ireland Act 1998.)
Article 7 Integrity
7.1
Police officers shall act with integrity towards members of the public and their colleagues so that confidence in the Police Service is secured and maintained. They shall avoid all forms of behaviour that may reasonably be perceived to be abuse, harassment, bullying or victimisation.
7.2
Police officers shall at all time respect and obey the law and maintain the standards stated in this Code. They shall to the best of their ability respect and support their colleagues in the execution of their lawful duties.
7.3
Police officers shall at all times prevent and oppose any violation of this Code. They shall report all violations or potential violations of the Code, as well as any violations which they reasonably believe are about to occur.
(Sourced from: Article 8 United Nations Code of Conduct for Law Enforcement Officials.)
7.4
Police officers shall report to the Chief Constable any legal proceedings initiated against them, whether in relation to a criminal or motoring offence or a civil action.
7.5
Police officers shall not commit any act of corruption or dishonesty. They shall oppose and report any such acts coming to their attention and shall be supported by their colleagues and senior officers in doing so.
(Sourced from: Article 7 United Nations Code of Conduct for Law Enforcement Officials.)
Article 8 Property
8.1
Police officers shall ensure that property, monies or equipment entrusted to them in their role as police officers are handled and maintained as required by law and Police Service policy.
8.2
Police officers shall ensure that any gift or gratuity that they personally accept complies with, and has been authorised according to, Police Service policy.
Article 9 Fitness for Duty
9.1
Police officers shall be fit to carry out their responsibilities when on call, commencing duty or on duty. Police officers shall not be unfit or impaired when reporting for or while on duty as a result of drinking alcohol, using a drug for non-medical purposes, intentionally misusing a prescription drug or solvent or substance abuse.
9.2
Police officers on duty shall not, without proper authority, consume alcohol.
9.3
Police officers shall attend work promptly when rostered for duty. Unless on duties that dictate otherwise, officers shall be clean and tidy when on duty whether in uniform or in plain clothes.
Article 10 Duty of Supervisors
10.1
Supervisors shall be the primary promoters and positive agents of good conduct in relation to accepting and working within the spirit of the Code of Ethics. They shall be role models for delivering a truly professional, impartial and effective Police Service. They shall ensure that the individuals for whom they are responsible are supported, guided on professional performance of their duties and encouraged to further their professional development.
10.2
Supervisors shall ensure that their staff carry out their professional duties correctly. They shall challenge and address any behaviour that is in violation of this Code, reporting violations where appropriate.
10.3
Supervisors have a particular responsibility to secure, promote and maintain professional standards and integrity through the provision of advice and guidance, or other remedial or appropriate action.
Signed
Sealed with the Official Seal of the Department of Justice on 17th February 2016
David Ford — Minister of Justice
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations apply where an allegation comes to the attention of an appropriate authority (as defined in regulation 3) which indicates that the conduct of a member may amount to misconduct or gross misconduct (as defined in regulation 3). This includes an allegation contained within a complaint by a member of the public or a matter referred to the Police Ombudsman for Northern Ireland (“the Ombudsman”), by the Northern Ireland Policing Board, the Department of Justice or the Secretary of State or investigated by the Ombudsman of his own motion.
Part 1 deals with preliminary matters. Regulation 2 revokes the Royal Ulster Constabulary (Conduct) Regulations 2000, regulation 28 of the Royal Ulster Constabulary (Complaints etc.) Regulations 2000 (and the Schedule of modifications to the Royal Ulster Constabulary (Conduct) Regulations 2000 introduced by that regulation) and the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000. However, those Regulations shall continue to have effect where the complaint or allegation came to the attention of the appropriate authority before the coming into operation of these Regulations.
Regulation 3 provides definitions of terms used in these Regulations, including the ‘special conditions’ which trigger the fast track procedure set out in Part 5 and makes provision in relation to the delegation of the functions of the Chief Constable under these Regulations. Regulation 4 sets out the harm test placing restrictions on the disclosure of information to the member concerned in the public interest.
Part 2 deals with general matters. Regulations 6 and 7 make provision about the role of a police friend under these Regulations and the right to legal representation. Regulation 9 provides that disciplinary or special case proceedings should proceed notwithstanding any criminal proceedings unless the appropriate authority considers they would prejudice such criminal proceedings. Regulation 10 makes provision in relation to the suspension of a police officer.
Part 3 deals with the investigation of conduct allegations. Regulation 12 provides that the appropriate authority must make a preliminary assessment as to whether the conduct, if proved, would amount to misconduct, gross misconduct or neither, and sets out what action must or may be taken as a consequence of that assessment. Regulation 13 deals with the appointment of an investigator by the appropriate authority. Regulation 14 deals with the appointment of an investigator by the Ombudsman. Regulation 15 sets out the purpose of the investigation. Regulations 16 and 17 provide for notice to be given to the member concerned that there is to be an investigation and describe what must be set out in that notice. Regulation 18 provides that the investigator shall consider any suggestions as to lines of inquiry made by the member concerned within the given time limit. Regulation 19 deals with interviews and regulation 20 with the investigation report.
Part 4 relates to misconduct proceedings. Regulation 21 provides that on receipt of the investigator’s report the appropriate authority must determine whether or not there is a case to answer in respect of misconduct or gross misconduct, and makes provision about the referral of a case to a misconduct meeting or misconduct hearing. Regulation 23 provides that notice must be given to the member concerned of the referral of his case to misconduct proceedings and provides that he may object to the persons appointed to deal with his case. Regulation 24 sets out the information the member concerned must and may provide on receipt of such notice. Regulation 25 provides that the person conducting or chairing the misconduct proceedings will decide whether any witnesses will attend the proceedings, and that a witness may only attend where he reasonably believes this to be necessary. Regulations 27 and 28 set out the person(s) who will conduct the misconduct proceedings. Regulations 30 to 34 deal with who shall and may attend those proceedings. Regulation 35 covers the procedure at the proceedings and regulation 36 deals with outcomes. At a misconduct meeting the disciplinary action that may be imposed is management advice, a written warning or a final written warning. Such action is also available at a misconduct hearing, along with reduction in rank, dismissal with or without notice or, in exceptional circumstances, the extension of a final written warning.
Part 5 deals with the procedures for special case hearings for those cases where there is written or documentary evidence to establish gross misconduct on the balance of probabilities and it is in the public interest for the member concerned to cease to be a member without delay. Procedures for these cases are fast tracked and there are no witnesses at the hearing other than the member concerned. Regulation 57 requires a record to be kept of all proceedings under these Regulations and the decision in appeals. Regulation 58 makes a technical amendment to the Royal Ulster Constabulary (Complaints etc.) Regulations 2000 by substituting a reference to these Regulations.
The Schedule sets out the standards of professional behaviour expected of members, breach of which may constitute a performance, misconduct or gross misconduct matter.
Footnotes
[^f00001]: 1998 c.32. Relevant amendments are made by section 78(1) of and paragraph 23 of Schedule 6 to the Police (Northern Ireland) Act 2000.
[^f00002]: S.R. 2000 No. 315 as amended by S.R. 2001 No. 184, S.R. 2003 No. 68, S.R. 2004 No. 315, S.R. 2008 No. 56 and as modified by S.R. 2005 No. 341.
[^f00003]: S.R. 2000 No. 318 as amended by S.R. 2001 No. 184 and S.R. 2005 No. 341.
[^f00004]: S.R. 2000 No. 320 as amended by S.R. 2001 No. 184, S.R. 2003 No. 68, S.R. 2004 No. 315 and S.R. 2008 No. 56.
[^f00005]: 1954 c. 33(N.I).
[^f00006]: 1996 c.16. Section 54 was amended by section 134 of the Police Act 1997, sections 102 and 137 of the Criminal Justice and Police Act 2001, sections 59 and 174 of the Serious Organised Crime and Police Act 2005, section 29 of the Police and Justice Act 2006, sections 1, 2 and 112 of the Policing and Crime Act 2009, sections 129 and 149 of the Criminal Justice and Immigration Act 2008 and section 83 of the Police Reform and Social Responsibility Act 2011.
[^f00007]: 2000 c.32.
[^f00008]: S.R. 2005 No. 547 to which there are amendments not relevant to these Regulations.
[^f00009]: S.R. 2016 No. 42.
[^f00010]: S.R. 2016 No. 43.
[^f00011]: 1971 c.80.
[^f00012]: 2012 asp 8.
[^f00013]: S.R. 2000 No. 318 as amended by S.R. 2001 No. 184 and S.R. 2005 No. 341.
[^f00014]: 2000 c.32.
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