Police (Discipline) (Senior Officers) Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/581 |
| Year | 1977 |
1977 No. 581
POLICE
The Police (Discipline) (Senior Officers) Regulations 197728thMarch 1977
6thApril 1977
1stJune 1977
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Revocations and transitional provisions.
3. Regulations applicable only to senior officers.
4. Interpretation.
5. Application to senior officers of the metropolitan police force.
6. Personal explanation.
7. Punishment without a hearing.
8. Formulation of charges.
9. Withdrawal of charges.
10. Documents to be supplied to the accused.
11. Hearing by tribunal.
12. Procedure at hearing.
13. Statements in lieu of oral evidence.
14. Adjournment of hearing.
15. Hearing in absence of accused.
16. Attendance of complainant at hearing.
17. Tribunal's report.
18. Decision of police authority.
19. Punishment.
20. Copy of report and decision to be sent to the Secretary of State.
21. Suspension.
22. Expenses of hearing.
SCHEDULE: Discipline form.
In exercise of the powers conferred on me by section 33 of the Police Act 1964(a) and section 10 of the Police Act 1976(b), and after consulting the Police Advisory Board for England and Wales in accordance with section 46(3) of the said Act of 1964 (as amended by section 4(6) of the Police Act 1969(c)) 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) (Senior Officers) Regulations 1977 and shall come into operation on 1st June 1977.
(a) 1964 c. 48.
(b) 1976 c. 46.
(c) 1969 c. 63.
Revocations and transitional provisions
2.—(1) Subject to paragraph (2), the Police (Discipline) (Deputy Chief Constables, Assistant Chief Constables and Chief Constables) Regulations 1965(a), the Police (Discipline) (Deputy Chief Constables, Assistant Chief Constables and Chief Constables) (Amendment) Regulations 1967(b) and the Police (Discipline) (Deputy Chief Constables, Assistant Chief Constables and Chief Constables) (Amendment) Regulations 1971(c) are hereby revoked.
(2) In relation to a charge preferred before 1st June 1977 against a senior officer—
(a) nothing in these Regulations shall apply, and
(b) the Regulations revoked by paragraph (1) shall, so far as applicable, continue to have effect.
Regulations applicable only to senior officers
3. These Regulations shall not apply except in relation to an offence committed, or alleged to have been committed, by a Senior officer, that is to say, by a chief constable, deputy chief constable or an assistant chief constable or, in the case of the City of London and metropolitan police forces, by a member of the force in question of, or above, the rank of commander.
Interpretation
4.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say:—
"offence" or "disciplinary offence" means an offence against discipline within the meaning of Regulation 5 of the Police (Discipline) Regulations 1977(d);
"representative" means, in relation to a senior officer, the person conducting his case in pursuance of Regulation 12(5);
"senior officer" has the meaning assigned thereto by Regulation 3;
"tribunal" means such a tribunal as is mentioned in Regulation 11.
(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 and any reference in a Regulation to a paragraph shall be construed as a reference to a paragraph of that Regulation.
(3) The Interpretation Act 1889(e) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
Application to senior officers of the metropolitan police force
5. In relation to an offence committed, or alleged to have been committed, by a senior officer of the metropolitan police force these Regulations shall have effect as if—
(a) any reference therein to the police authority were a reference to the commissioner of police of the metropolis or the deputy commissioner acting in his place, and
(a) S.I. 1965/544 (1965 I, p. 1693).
(b) S.I. 1967/186 (1967 I, p. 337).
(c) S.I. 1971/134 (1971 I, p. 313).
(d) S.I. 1977/580 (1977 I, p. 1840)
(e) 1889 c. 63.
(b) the references in Regulations 8(3), 11(2) and 12(2) to a member, officer or servant of the police authority, or of any local authority which appoints any member of the police authority, were references to a member of the metropolitan civil staffs within the meaning of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967(a).
Personal explanation
6. Where, following the investigation of a report, allegation or complaint, it appears that a senior officer may have committed an offence, the police authority shall, unless they decide that no disciplinary proceedings need be taken, inform him in writing of the report, allegation or complaint and give him a written notice—
(a) asking him whether or not be admits that he has committed an offence;
(b) 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 police authority, and
(c) warning him that if he makes such a statement it may be used in any subsequent disciplinary proceedings.
Punishment without a hearing
7. If the senior officer admits that he has committed an offence, the police authority may impose a punishment in accordance with Regulation 19 without the case being dealt with in accordance with Regulations 8 to 18.
Formulation of charges
8.—(1) This Regulation shall apply where the senior officer—
(a) admits that he has committed an offence but the police authority do not proceed as mentioned in Regulation 7; or
(b) does not admit that he has committed an offence but any statement he may have made to...
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