The Police (Conduct) Regulations 2008

Outcome of misconduct proceedings

35.—(1) Subject to the provisions of this regulation, the person or persons conducting the misconduct proceedings may—

(a)impose any of the disciplinary action in paragraph (2)(a) or (b) or (6)(b) as appropriate; or

(b)where he or they find the conduct amounts to misconduct but not gross misconduct following a misconduct meeting or hearing, record a finding of misconduct but take no further action.

(2) The disciplinary action is—

(a)at a misconduct meeting—

(i)management advice;

(ii)written warning; or

(iii)final written warning;

(b)at a misconduct hearing—

(i)management advice;

(ii)written warning;

(iii)final written warning;

(iv)dismissal with notice; or

(v)dismissal without notice.

(3) The disciplinary action referred to in paragraph (2) shall have effect from the date on which it is notified to the officer concerned and in the case of dismissal with notice, the person or persons conducting the misconduct hearing shall decide the period of notice to be given, subject to a minimum period of 28 days.

(4) Where the person or persons conducting the misconduct proceedings finds that the conduct of the officer concerned amounts to misconduct but not gross misconduct following a misconduct hearing, unless the officer concerned had a final written warning in force on the date of the assessment of the conduct under regulation 12(1) of these Regulations or regulation 14A of the Complaints Regulations (as the case may be), the officer concerned may not be dismissed whether with or without notice.

(5) Where the officer concerned had a written warning in force on the date of the assessment of the conduct under regulation 12(1) of these Regulations or regulation 14A of the Complaints Regulations (as the case may be), a written warning shall not be given.

(6) Where the officer concerned had a final written warning in force on the date of the assessment of the conduct under regulation 12(1) of these Regulations or regulation 14A of the Complaints Regulations (as the case may be)—

(a)neither a written warning nor a final written warning shall be given; but

(b)subject to paragraph (8), in exceptional circumstances, the final written warning may be extended.

(7) Where a final written warning is extended under paragraph (6)(b), that warning shall remain in force for a period of 18 months from the date on which it would otherwise expire.

(8) A final written warning may be extended on one occasion only.

(9) Where there is a finding of gross misconduct and the persons conducting the misconduct hearing decide that the officer concerned shall be dismissed, the dismissal shall be without notice.

(10) Where the question of disciplinary action is being considered, the person or persons conducting the misconduct proceedings—

(a)shall have regard to the record of police service of the officer concerned as shown on his personal record;

(b)may receive evidence from any witness whose evidence would, in his or their opinion, assist him or them in determining the question; and

(c)shall give—

(i)the officer concerned, his police friend or, at a misconduct hearing, his relevant lawyer; and

(ii)the appropriate authority or person appointed to represent the appropriate authority in accordance with regulation 7(4);

an opportunity to make oral or written representations before any such question is determined.