Police (Discipline) Regulations 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/543 |
| Year | 1965 |
1965 No. 543
POLICE
ENGLAND AND WALES
The Police (Discipline) Regulations 196522ndMarch 1965
1stApril 1965
ARRANGEMENT OF REGULATIONS
Regulation
1. Disciplinary offences.
2. Investigation of charges.
3. Personal explanation.
4. Formulation of charges.
5. Delegation of duties to deputy chief constable.
6. Documents to be supplied to accused.
7. Questions in the discipline form to be answered by accused.
8. Procedure at hearing.
9. Adjournment of hearing.
10. Hearing in absence of accused.
11. Attendance of complainant at hearing.
12. Decision of chief constable.
13. Reference to accused's personal record in considering punishment.
14. Limitations on punishments.
15. Application of Regulations where the chief constable is interested or a material witness.
16. Application of Regulations where it appears to the chief constable appropriate to remit the case for hearing by another chief constable.
17. Suspension.
18. Chief constable's discipline book.
19. Application to metropolitan police force.
20. Regulations not to apply to offences committed by chief constables, deputy chief constables or assistant chief constables.
21. Interpretation.
22. Revocations and transitional provisions.
23. Citation and commencement.
SCHEDULES
SCHEDULE 1: Discipline code.
SCHEDULE 2: Discipline form.
In exercise of the powers conferred upon me by section 4 of the Police Act 1919(a), I hereby make the following Regulations:—
Disciplinary offences
1. A member of a police force commits an offence against discipline if he commits one or more of the offences set out in the discipline code contained in Schedule 1 hereto.
Investigation of charges
2.—(1) Where a report, allegation or complaint is received from which it appears that a member of a police force may have committed an offence, the matter shall be referred to an investigating officer who shall cause it to be investigated:
Provided that where the matter arises otherwise than from a complaint received from a member of the public, it shall not be so referred if the chief constable concerned decides that no disciplinary proceedings need be taken.
(2) Subject to paragraphs (3) and (4), the investigating officer shall be of, or above, the rank of superintendent, as may be appropriate to the particular case under the general arrangements for the purpose applicable in the police force concerned, and shall be a member of that force or, if the chief constable of some other force is requested to provide an investigating officer, a member of that other police force.
(3) The investigating officer shall be a person other than—
(a) the chief constable or deputy chief constable of the police force concerned, or
(b) a member of the police force concerned serving in the same division or branch thereof as the person who may have committed an offence:
Provided that sub-paragraph (b) of this paragraph shall not apply where the police force concerned consists of only one division or in a case in which the chief constable concerned, in view of the nature of the report, allegation or complaint or otherwise, directs that it shall not apply.
(4) The investigating officer may be a member of the police force concerned of, or above, the rank of inspector if—
(a) there is no member of the police force concerned of, or above, the rank of superintendent, other than the deputy chief constable, or
(b) the member appropriate to a particular case under the general arrangements referred to in paragraph (2) is absent for any reason and the investigating officer is acting in his place, or
(c) both the person who may have committed an offence and the investigating officer are women.
Personal explanation
3. The investigating officer shall, as soon as is practicable (without prejudicing his or any other investigation of the matter), inform the member of the police force in writing of the report, allegation or complaint and give him a written notice—
(a) 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 constable concerned, and
(a) 9 & 10 Geo. 5. c. 46.
(b) warning him that if he makes such a statement it may be used in any subsequent disciplinary proceedings.
Formulation of charges
4.—(1) The chief constable concerned, after considering the report of the investigating officer and any statement made under Regulation 3, shall decide whether the member of the police force shall be charged with an offence and, if he decides that the member shall be so charged, he shall, as soon as possible, cause to be entered on a discipline form the offence with which the member is charged and such particulars as will leave the member in no doubt as to the precise nature of the alleged offence.
(2) A discipline form shall be in the form set out in Schedule 2 hereto or in a form to the like effect.
Delegation of duties to deputy chief constable
5. The chief constable concerned may delegate to the deputy chief constable the duty of deciding under Regulation 4 whether a member of the police force shall be charged with an offence and, where he does so delegate this duty, any reference in Regulation 2, 3 or 4 to that chief constable shall be taken as a reference to the deputy chief constable.
Documents to be supplied to accused
6.—(1) Where a member of a police force is charged with an offence, he shall, as soon as possible, be supplied with copies—
(a) of any written statement he may have made under Regulation 3 or of an account of any oral statement so made;
(b) of the report, allegation or complaint on which the charge is founded (or so much thereof as relates to the accused) and of any reports thereon (other than the report of the investigating officer) notwithstanding that they may be confidential;
(c) of any statement relating to the charge made by any witness to be called in support of charge, together with the witness's name and address, and
(d) of any statement relating to the charge made by any person, other than a witness to be called in support of the charge, to the investigating officer or to anybody on his behalf, together with the person's name and address.
(2) Where the charge is founded on a report, allegation or complaint and a statement arising therefrom made by the same person, the reference in paragraph (1)(b) to the report, allegation or complaint shall, without prejudice to paragraph (1)(c) or (d), be construed as including a reference to that statement.
Questions in the discipline form to be answered by accused
7.—(1) The accused shall be invited to state in writing on the discipline form whether he admits or denies the charge.
(2) The accused shall be invited to state in writing on the discipline form the names and addresses of any witnesses to relevant facts whose attendance at the hearing of the case he wishes the chief constable concerned to take steps to secure.
(3) Any such witness who is a member of a police force shall be ordered to attend at the hearing of the case and any other such witness shall be given due notice that his attendance is desired and of the time and place of the hearing.
Procedure at hearing
8.—(1) The accused shall be ordered to appear at the hearing of the case.
(2) Subject to Regulation 16, the chief constable concerned shall hear the case.
(3) The case against the accused shall be presented by a member of a police force other than the chief constable or deputy chief constable of the police force concerned.
(4) If the accused does not admit the charge, the hearing shall proceed as though he denied the charge.
(5) Before the case against the accused is presented, the accused may submit that the facts alleged in the charge are not such as to constitute the offence with which he is charged and the chief constable, if he upholds that submission, shall dismiss the charge to which the submission relates.
(6) The accused may conduct his defence either in person or by a member of a police force selected by himself on his behalf:
Provided that if the accused is represented by a member of a police force the accused, as well as his representative, may cross-examine the witnesses called in support of the case against him.
(7) A verbatim record of the proceedings at the hearing of the case shall be taken and, if a punishment is imposed and the accused contemplates an appeal to the Secretary of State, at his request made within the period during which notice of appeal may be given, a transcription of the record shall be made and a copy thereof supplied to him.
Adjournment of hearing
9. The hearing of a case may be adjourned from time to time as may appear necessary for due hearing of the case.
Hearing in absence of accused
10.—(1) If the accused does not attend the hearing of the case, the hearing may be proceeded with and concluded in his absence:
Provided that—
(a) if the accused is detained in pursuance of the sentence of a court in a prison or other institution to which the Prison Act 1952(a) applies, and desires to makes representations in person at the hearing, the hearing shall not be concluded until the accused has been enabled to make such representations;
(b) if good reason is given to the chief constable...
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