Police (Discipline) Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/580 |
| Year | 1977 |
1977 No. 580
POLICE
The Police (Discipline) Regulations 197728thMarch 1977
6thApril 1977
1stJune 1977
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Revocations and transitional provisions.
3. Regulations not to apply in the case of a senior officer.
4. Interpretation.
5. Disciplinary offences.
6. Investigation of charges.
7. Personal explanation.
8. Formulation of charges.
9. Withdrawal of charges.
10. Delegation of functions by chief officer.
11. Documents to be supplied to accused.
12. Questions in the discipline form to be answered by accused.
13. Hearing.
14. Remission of cases.
15. Disciplinary tribunal cases.
16. Procedure at hearing.
17. Statements in lieu of oral evidence.
18. Adjournment of hearing.
19. Hearing in absence of accused.
20. Attendance of complainant at hearing.
21. Finding.
22. Punishment.
23. Limitations on punishments.
24. Suspension.
25. Discipline book.
SCHEDULE 1: Regulations revoked with savings.
SCHEDULE 2: Discipline code.
SCHEDULE 3: Discipline form
SCHEDULE 4: Disciplinary hearings in the Metropolitan Police Force.
In exercise of the powers conferred on me by section 33 of the Police Act 1964(a) and sections 6 and 10 of the Police Act 1976(b) (excluding section 6(1)(g) thereof), and after consulting the Police Advisory Board for England and Wales
(a) 1964 c. 48.
(b) 1976 c. 46.
in accordance with section 46(3) of the said Act of 1964 (as amended by section 4(6) of the Police Act 1969(a) and extended by section 6(3) of the said Act of 1976), and the Police Council for the United Kingdom in accordance with section 4(4) of the said Act of 1969, I hereby make the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Police (Discipline) Regulations 1977 and shall come into operation on 1st June 1977.
Revocations and transitional provisions
2.—(1) Subject to paragraph (2), the Regulations set out in Schedule 1 are hereby revoked.
(2) In relation to a charge preferred before 1st June 1977 against a member of the police force—
(a) nothing in these Regulations shall apply, and
(b) the Regulations revoked by paragraph (1) shall, so far as applicable, continue to have effect.
(3) Where the facts alleged in a charge were alleged in a complaint received by the chief officer of police from a member of the public in respect of the accused's conduct before 1st June 1977, Regulation 20 shall apply in relation to the hearing of the charge notwithstanding that it was not in respect of a complaints matter as defined in Regulation 4(1).
Regulations not to apply in the case of a senior officer
3. These Regulations shall not apply in relation to an offence committed, or alleged to have been committed, by a chief constable or other senior officer within the meaning of the Police (Discipline) (Senior Officers) Regulations 1977(b)
Interpretation
4.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"Act of 1976" means the Police Act 1976;
"chief officer" shall be construed as including a reference to a deputy chief officer acting as chief officer;
"Complaints Board" means the Police Complaints Board established in pursuance of section 1 of the Act of 1976;
"complaints matter" means a matter or matters referred to in subsection (1) of section 3 of the Act of 1976 in respect whereof the provisions of that section have effect;
"conclusion of the hearing" does not include the termination of a hearing on a case being remitted under Regulation 14 or paragraph 7 of Schedule 4;
"deputy chief officer" shall be construed, in relation to the City of London or the metropolitan police force, as including a reference to an assistant commissioner of police;
(a) 1969 c. 63.
(b) S.I. 1977/581 (1977 I, p. 1862).
"discipline code" means the code of offences contained in Schedule 2;
"discipline form" means such a form as is mentioned in Regulation 8(3);
"member subject to investigation" has the meaning assigned thereto by Regulation 6(1);
"offence" or "disciplinary offence" means an offence against discipline within the meaning of Regulation 5;
"officer", in relation to the metropolitan police force, includes both a member thereof and an assistant commissioner of police;
"officer conducting the hearing" has the meaning assigned thereto by Regulation 13;
"police force concerned" means, in relation to a person who may have committed, or has been accused of, an offence, the police force of which he is a member; and, in relation to him, any reference to the chief officer concerned is a reference to the chief officer of that force;
"Police Regulations" means the regulations from time to time in force under section 33 of the Police Act 1964 other than these Regulations or the Police (Discipline) (Senior Officers) Regulations 1977;
"representative" means, in relation to an accused person, the member of a police force conducting his case or appeal in pursuance of Regulation 16(6) or paragraph 9(5) of Schedule 4.
(2) In these Regulations, unless the context otherwise requires, any reference to a Regulation shall be construed as a reference to a Regulation contained in these Regulations, a reference to a Schedule shall be construed as a reference to a Schedule to these Regulations and a reference to a paragraph shall be construed as a reference to a paragraph in the same Regulation or, as the case may be, the same Schedule.
(3) The Interpretation Act 1889(a) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
Disciplinary offences
5. A member of a police force commits an offence against discipline if he commits an offence set out in the discipline code contained in Schedule 2.
Investigation of charges
6.—(1) Where a report, allegation or complaint is received from which it appears that an offence may have been committed by a member of a police force (hereinafter referred to as "the member subject to investigation"), the matter shall be referred to an investigating officer who shall cause it to be investigated:
Provided that the matter shall not be so referred where it arises—
(a) otherwise than from a complaint received from a member of the public, or
(b) from such a complaint but the requirements of section 49 of the Police Act 1964 are dispensed with by or under Regulation 3 or 4 of the Police (Withdrawn, Anonymous Etc. Complaints) Regulations 1977(b),
and the chief officer concerned decides that no disciplinary proceedings need to be taken.
(a) 1889 c. 63.
(b) S.I. 1977/577 (1977 I, p. 1828).
(2) The investigating officer shall be—
(a) a member of the police force concerned other than the chief officer or deputy chief officer thereof or a member serving in the same division or branch (or, in the case of the metropolitan police force, in the same sub-division or branch) as the member subject to investigation, except that, if the chief officer of some other force is requested and agrees to provide an investigating officer, he shall be a member of that other force, and
(b) of or above the rank of superintendent (or, if a member of the metropolitan police force, of or above the rank of chief inspector), without prejudice, however, to paragraph (3).
(3) Where the investigating officer appropriate to a particular case under the general arrangements for the purpose applicable in the police force of which he is a member ("the appropriate officer") is absent for any reason but another member of, or above, the rank of inspector is acting in his place, that other member may be the investigating officer.
Personal explanation
7. The investigating officer shall, as soon as is practicable (without prejudicing his or any other investigation of the matter), in writing inform the member subject to investigation 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 officer concerned, and
(b) warning him that if he makes such a statement it may be used in any subsequent disciplinary proceedings.
Formulation of charges
8.—(1) The decision whether or not the member subject to investigation should be charged with an offence shall (subject, as respects a complaints matter, to section 3(2) of the Act of 1976) be taken by the chief officer concerned after considering the report of the investigating officer and any statement made under Regulation 7.
(2) Where the chief officer concerned decides (or, as respects a complaints matter, the Complaints Board directs under section 3(2) of the Act of 1976) that a charge be preferred, the chief officer shall, as soon as possible, cause—
(a) to be entered on a discipline form the offence in question together with such particulars as will leave the member subject to investigation in no doubt as to the precise offence alleged, and
(b) the member to be charged by being served with a copy of the discipline form.
(3) A discipline form shall be in the form set out in Schedule 3 or a form to the like effect with, where the accused is a member of the metropolitan police force, such modifications as the case may require.
Withdrawal of charges
9.—(1) At any time before the beginning of the hearing of a charge, the chief officer concerned may (subject, as respects a complaints matter, to the leave of the Complaints Board required by section 3(4) of the Act of 1976) direct that the charge be withdrawn.
(2) Where the chief officer concerned so directs he shall, as soon as possible, cause—
(a) his direction to be noted on the discipline form, and
(b) the member subject to investigation to be served with written notice of his direction.
Delegation of functions by chief officer
10.—(1) Subject to paragraph (3), the chief officer concerned may delegate to...
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