Police (Discipline) (Senior Officers) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/519 |
| Year | 1985 |
1985 No. 519
POLICE
The Police (Discipline) (Senior Officers) Regulations 198528thMarch 1985
2ndApril 1985
29thApril 1985
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Revocations and transitional provisions.
3. Regulations applicable only to senior officers.
4. Interpretation.
5. Investigating officers.
6. Initial personal explanation.
7. Personal explanation following investigation.
8. Punishment without hearing charges.
9. Formulation of charges.
10. Withdrawal of charges.
11. Documents to be supplied to accused.
12. Hearing by tribunal.
13. Procedure at hearing.
14. Statements in lieu of oral evidence.
15. Adjournment of hearing.
16. Hearing in absence of accused.
17. Attendance of complainant at hearing.
18. Tribunal's report.
19. Decision of appropriate authority.
20. Punishment.
21. Copy of report and decision to be sent to the Secretary of State.
22. Expenses of hearing.
23. Suspension—ordinary procedure.
24. Suspension—urgent cases.
SCHEDULE: Discipline form.
In exercise of the powers conferred on me by section 33 of the Police Act 1964(a) and sections 94(5) and 101 of the Police and Criminal Evidence Act 1984(b), and after furnishing a draft thereof to the Police Advisory Board for England and Wales and taking into consideration the representations made by
(a) 1964 c.48.
(b) 1984 c.60.
the said Board in accordance with section 46(3) of the said Act of 1964, I hereby make the following Regulations:—
Citation and commencement
1. These Regulations shall be cited as the Police (Discipline) (Senior Officers) Regulations 1985 and shall come into operation on 29th April 1985.
Revocations and transitional provisions
2.— (1) Subject to the following provisions of this Regulation, the Police (Discipline) (Senior Officers) Regulations 1977(a) (hereinafter called "the 1977 Regulations") are hereby revoked.
(2) In relation to a charge preferred before 29th April 1985 against a senior officer—
(a) nothing in these Regulations shall apply, and
(b) the former discipline provisions shall, so far as applicable, continue to have effect.
(3) In the case of a senior officer—
(a) in whose case anything has been done before 29th April 1985 for the purpose of any provision of the 1977 Regulations, but
(b) who has not been charged with an offence, before that date, under those Regulations,
anything done, before that date, for the purpose of any provision of the 1977 Regulations shall have effect, on and after that date, as if it had been done for the purpose of the corresponding provision of these Regulations and, in particular, where an officer is immediately before 29th April 1985 suspended under the 1977 Regulations, he shall be treated on and after that date as if he had been suspended under these Regulations.
(4) Where a senior officer has been charged with an offence, before 29th April 1985, under the 1977 Regulations, and without prejudice to paragraph (2), in connection with the charge and offence in question the provisions of the 1977 Regulations relating to suspension from membership of the force and the office of constable and to punishment shall 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.
(a) S.I. 1977/581; there are no amending instruments.
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:—
"the Act of 1984" means the Police and Criminal Evidence Act 1984(a);
"the appropriate authority" means, in relation to a senior officer of the metropolitan police force, the Commissioner of Police of the Metropolis or the deputy commissioner acting in his place and, in relation to a senior officer of any other police force, the police authority for the force's area;
"the Authority" means the Police Complaints Authority established under section 83(1) of the Act of 1984;
"the chief officer" shall be construed as including a reference to a person discharging the functions of a chief officer;
"the former discipline provisions" means the provisions relating to the determination of questions whether offences against discipline have been committed by senior officers, and for the imposition of punishments in respect thereof, in force immediately before 29th April 1985;
"investigating officer" means an officer appointed under section 86(3) of the Act of 1984, or under Regulation 5(3), to investigate a complaint or other matter relating to the conduct of a senior officer;
"offence" or "disciplinary offence" means an offence against discipline within the meaning of Regulation 5 of the Police (Discipline) Regulations 1985(b);
"police force concerned" means, in relation to a senior officer 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;
"representative" means, in relation to disciplinary proceedings against a senior officer, counsel, a solicitor or a member of a police force selected by him for the purpose of those proceedings;
"senior officer" has the meaning assigned thereto by Regulation 3;
"tribunal" means such a tribunal as is mentioned in Regulation 12.
(2) In relation to a senior officer of the metropolitan police force these Regulations shall have effect as if the references in Regulations 9(3) 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(c).
(3) 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.
(a) 1984 c.60.
(b) S.I. 1985/518.
(c) 1967 c.28.
Investigating officers
5.— (1) Where a report, allegation or complaint is received from which it appears that an offence may have been committed by a senior officer, the following provisions of this Regulation shall have effect for the purpose of investigating the matter.
(2) The provisions of paragraphs (3) and (4) shall have effect—
(a) in relation to cases arising otherwise than from a complaint to which Part IX of the Act of 1984 applies; and
(b) in cases arising from such a complaint when the requirements of the said Part IX are dispensed with by or under regulations made thereunder.
(3) Unless the appropriate authority decides that no disciplinary proceedings need be taken, the matter shall be referred to an investigating officer who shall cause it to be investigated.
(4) The investigating officer shall be—
(a) a member of the police force concerned, or
(b) if the chief officer of some other force is requested and agrees to provide an investigating officer, a member of that other force,
and of at least the rank of the senior officer under investigation.
(5) Neither—
(a) the chief officer concerned, nor
(b) any member of the police force concerned serving in the same sub-division or branch as the senior officer under investigation,
shall be appointed as the investigating officer for the purposes of paragraph (3) or section 86(3) of the Act of 1984.
(6) The provisions of this Regulation are without prejudice to the powers of the Authority under...
To continue reading
Request your trial