Police (Conduct) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/730 |
| Year | 1999 |
1999 No. 730
POLICE
The Police (Conduct) Regulations 1999
Made 10th March 1999
Laid before Parliament 11th March 1999
Coming into force 1st April 1999
The Secretary of State, in exercise of the powers conferred on him by sections 50 and 84 of the Police Act 19961, and after complying with the requirements of section 63(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Police (Conduct) Regulations 1999 and shall come into force on 1st April 1999.
Revocations and transitional provisions
2.—(1) Subject to the following provisions of this regulation, the Police (Discipline) Regulations 19852(“the 1985 Regulations”), the Police (Discipline) (Amendment) Regulations 19913, the Police (Discipline) (Amendment) Regulations 19954and the Police (Discipline) (Amendment No. 2) Regulations 19955are hereby revoked.
(2) Subject to paragraph (3), where a report, complaint or allegation has been or is received in respect of conduct by a member of a police force which occurred or commenced before 1st April 1999—
(a)
(a) nothing in these Regulations shall apply, and
(b)
(b) the 1985 Regulations shall, as far as applicable, continue to have effect.
(3) In the case of a report, complaint or allegation which—
(a)
(a) relates to conduct by a member of a police force which occurred or commenced before 1st April 1999, but
(b)
(b) is received on or after 1st April 2000,
the conduct shall be treated, for the purposes of this regulation, as having occurred or, as the case may be, commenced on 1st April 1999.
Regulations not to apply in the case of senior officers
3. These Regulations shall not apply in relation to the conduct of a chief constable or other officer holding a rank above that of superintendent.
Interpretation
4.—(1) In these Regulations, unless the context otherwise requires—
“the appropriate officer” means—
(a) where the member concerned is a member of the metropolitan police force or the City of London police force, an assistant commissioner in that police force;
(b) in any other case, an assistant chief constable;
“appropriate standard” means the standard set out in the Code of Conduct;
“the Assistant Commissioner”, in relation to the metropolitan police force, means the assistant commissioner for the time being authorised under section 8 of the Metropolitan Police Act 18566;
“Authority” means the Police Complaints Authority;
“Code of Conduct” means the code of conduct contained in Schedule 1;
“complaint” has the meaning assigned to it by section 65 of the 1996 Act;
“an interested party” means a witness or any person involved in the conduct which is the subject of the case or who otherwise has a direct interest in the case;
“member concerned” means the officer in relation to whose conduct there has been a report, complaint or allegation;
“police force concerned” means, in relation to a person whose conduct is the subject of a report, complaint or allegation, the police force of which he is a member; and any reference to the chief officer concerned is a reference to the chief officer of that force;
“supervising officer” means the officer appointed under regulation 7 to supervise the investigation of the case; and
“the 1996 Act” means the Police Act 1996.
(2) In these Regulations, unless the context otherwise requires, any reference to a regulation or Schedule shall be construed as a reference to a regulation or Schedule contained in these Regulations.
Suspension
5.—(1) Where there has been a report, complaint or allegation which indicates that the conduct of a member of a police force does not meet the appropriate standard the chief officer of the force concerned may suspend the member concerned from membership of the force and from his office of constable whether or not the matter has been investigated.
(2) The chief officer concerned may exercise the power to suspend the member concerned under this regulation at any time from the time of the receipt of the report, complaint or allegation until—
(a)
(a) the supervising officer decides not to refer the case to a hearing,
(b)
(b) the notification of a finding that the conduct of the member concerned did not fail to meet the appropriate standard,
(c)
(c) the time limit under regulation 34 for giving notice of intention to seek a review has expired, or
(d)
(d) any review under regulation 35 has been completed.
(3) Where the member concerned is suspended under this regulation, he shall be suspended until there occurs any of the events mentioned in paragraph (2)(i) to (iv), or until the chief officer decides he shall cease to be suspended, whichever first occurs.
(4) Where the member concerned who is suspended is required to resign under regulation 31, he shall remain suspended during the period of his notice.
(5) The chief officer concerned may delegate his powers under this regulation to an officer of at least the rank of assistant chief constable or, where the member concerned is a member of the City of London or metropolitan police force, to an officer of at least the rank of commander.
Conduct of investigations where there are outstanding criminal proceedings
6. Where there are criminal proceedings outstanding against the member concerned, proceedings under these Regulations, other than exercise of the power to suspend under regulation 5, shall not take place unless the chief officer concerned believes that in the exceptional circumstances of the case it would be appropriate for them to do so.
Investigation procedure
7.—(1) Subject to paragraph (2), where a report, complaint or allegation is received by the chief officer which indicates that the conduct of a member of a police force did not meet the appropriate standard, the case may be referred by him to an officer, who shall satisfy the conditions in paragraph (3), to supervise the investigation of the case.
(2) Paragraph (1) shall not apply where the case arises from a complaint to which section 72 of the 1996 Act applies.
(3) The supervising officer shall be—
(a)
(a) at least one rank above that of the member concerned;
(b)
(b) of at least the rank of superintendent;
(c)
(c) a member of the same force as the member concerned; and
(d)
(d) not an interested party.
Appointment of investigating officer
8.—(1) The supervising officer may appoint an investigating officer to investigate the case.
(2) The investigating officer shall be—
(a)
(a) a member of the same police force as the member concerned or, if at the request of the supervising officer the chief officer of some other force agrees to provide an investigating officer, a member of that other force;
(b)
(b) of at least the rank of inspector or, if the member concerned is a superintendent, of at least the rank of assistant chief constable or, if the investigating officer is a member of the City of London or metropolitan police force, of at least the rank of commander;
(c)
(c) of at least the same rank as the member concerned; and
(d)
(d) not an interested party.
(3) The provisions of this regulation are without prejudice to the powers of the Authority with regard to the approval of the investigating officer under section 72(3)(a) and (b) of the 1996 Act in a case where the Authority are required, or have determined, to supervise the investigation of a complaint or other matter under that section.
Notice of investigation
9. The investigating officer shall as soon as is practicable (without prejudicing his or any other investigation of the matter) cause the member concerned to be given written notice—
(a) that there is to be an investigation into the case;
(b) of the nature of the report, complaint or allegation;
(c) informing him that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the investigating officer or to the chief officer concerned;
(d) informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations;
(e) informing him that he has the right to seek advice from his staff association, and
(f) informing him that he has the right to be accompanied by a member of a police force, who shall not be an interested party, to any meeting, interview or hearing.
Investigating officer’s report
10.—(1) At the end of his investigation the investigating officer shall submit a written report on the case to the supervising officer and, if the Authority are supervising the investigation, also to the Authority.
(2) If at any time during his investigation it appears to the investigating officer that the case is one in respect of which the conditions specified in Part I of Schedule 2 are likely to be satisfied, he shall, whether or not the investigation is at an end, submit to the supervising officer—
(a)
(a) a statement of his belief that the case may be one to which regulation 39 applies and the grounds for that belief; and
(b)
(b) a written report on the case so far as it has then been investigated.
Procedure on receipt of investigating officer’s report
11.—(1) Subject to paragraphs (2) and (3), on receipt of the investigating officer’s report the supervising officer may refer the case to a hearing.
(2) Where—
(a)
(a) the chief officer has a duty to proceed under section 75(7) or 76(2) or (5) of the 1996 Act; or
(b)
(b) the member concerned has received two written warnings about his conduct within the previous twelve months and has in a statement made under regulation 9 admitted that his conduct failed to meet the...
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