The Police (Conduct) Regulations 2012
| Jurisdiction | UK Non-devolved |
2012 No. 2632
Police, England And Wales
The Police (Conduct) Regulations 2012
Made 18th October 2012
Laid before Parliament 23th October 2012
Coming into force 22th November 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 50, 51 and 84 of the Police Act 19961.
In accordance with section 63(3)(a) of that Act2, she has supplied the Police Advisory Board for England and Wales with a draft of these Regulations and has taken into consideration the representations of that Board.
PART 1
Preliminary
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Police (Conduct) Regulations 2012 and shall come into force on 22nd November 2012.
(2) These Regulations extend to England and Wales.
Revocation and transitional provisions
2.—(1) Subject to paragraph (2), the Police (Conduct) Regulations 20083(“the 2008 Regulations”) are revoked.
(2) Where an allegation in respect of conduct by a police officer came to the attention of an appropriate authority before 22nd November 2012, the 2008 Regulations shall continue to have effect with the modifications set out in Part 1 of Schedule 1.
(3) Where, as a result of paragraph 3(b) of Schedule 1, a chief officer of police replaces a police authority as the appropriate authority in relation to an allegation, the 2008 Regulations have effect as if anything done, or treated as done, by or in relation to the police authority in its capacity as appropriate authority had been done by or in relation to the chief officer.
(4) Any decision taken under regulation 34(13) or 54(13) of the 2008 Regulations in relation to a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London Police Force before 22nd November 2012 shall be treated as if it had been taken by a panel of persons constituted in accordance with regulation 26A or 47A of the 2008 Regulations (as the case may be), as modified by paragraphs 6, 7 and 8 of Schedule 1 to these Regulations.
(5) Any decision taken under regulation 35(1) or 55(1) or (5) of the 2008 Regulations in relation to a senior officer of a police force maintained under section 2 of the Police Act 1996 or the City of London Police Force before 22nd November 2012 shall be treated as if it had been taken by the appropriate authority under regulation 35(1A) or 55(1A) or (5A) of the 2008 Regulations (as the case may be).
(6) In so far as they continue to apply by virtue of paragraph (2) above and regulation 2(2) of the 2008 Regulations, the Police (Conduct) Regulations 20044have effect with the modifications set out in Part 2 of Schedule 1.
(7) Where, as a result of paragraph 11(b) of Schedule 1, a chief officer of police replaces a police authority as the appropriate authority in relation to any allegation, the Police (Conduct) Regulations 2004 shall have effect as if anything done or treated as done by or in relation to the police authority in its capacity as appropriate authority had been done by or in relation to the chief officer.
Interpretation and delegation
3.—(1) In these Regulations—
“the 1996 Act” means the Police Act 1996;
“the 2002 Act” means the Police Reform Act 2002;
“the Performance Regulations” means the Police (Performance) Regulations 20125;
“the Police Regulations” means the Police Regulations 20036;
“acting chief officer” means—
(a) a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 20117;
(b) a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act; or
(c) a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 18398;
“allegation” means an allegation relating to a complaint or conduct matter;
“appropriate authority” means—
(a) where the officer concerned is the chief officer or acting chief officer of any police force, the local policing body for the force’s area;
(b) in any other case, the chief officer of police of the police force concerned;
“appeal hearing” means an appeal to a police appeals tribunal in accordance with the Police Appeals Tribunals Rules 20129;
“appeal meeting” means a meeting held in accordance with regulation 39 following a misconduct meeting;
“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 197110in England and Wales;
“the Commission” means the Independent Police Complaints Commission established under section 9 of the 2002 Act;
“complainant” means the person referred to at section 12(1)(a) to (c) (as the case may be) of the 2002 Act;
“complaint” has the meaning given to it by section 12(1) of the 2002 Act;
“conduct” includes acts, omissions, statements and decisions (whether actual, alleged or inferred);
“conduct matter” has the meaning given to it by section 12(2) of the 2002 Act;
“criminal proceedings” means—
(a) any prospective criminal proceedings; or
(b) all criminal proceedings brought which have not been brought to a conclusion (apart from the bringing and determination of any appeal other than an appeal against conviction to the Crown Court);
“disciplinary action” means, in order of seriousness starting with the least serious action—
(a) management advice;
(b) a written warning;
(c) a final written warning;
(d) an extension to a final written warning as described in regulation 35(7)(b);
(e) dismissal with notice; or
(f) dismissal without notice.
“disciplinary proceedings” means, other than in paragraph (7) or (8) of this regulation, any proceedings under these Regulations and any appeal from misconduct proceedings or a special case hearing dealt with under the Police Appeals Tribunals Rules 2012;
“document” means anything in which information of any description is recorded and includes any recording of a visual image or images;
“gross misconduct” means a breach of the Standards of Professional Behaviour so serious that dismissal would be justified;
“harm test” has the meaning given to it in regulation 4;
“HMCIC” means Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the 1996 Act;
“human resources professional” means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force;
“informant” means a person who provides information to an investigation on the basis that his identity is not disclosed during the course of the disciplinary proceedings;
“interested party” means a person whose appointment could reasonably give rise to a concern as to whether he could act impartially under these Regulations;
“interested person” has the meaning given to it by section 21 of the 2002 Act;
“investigator” means a person—
(a) appointed under regulation 13; or
(b) appointed or designated under paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act,
as the case may be;
“management action” means action or advice intended to improve the conduct of the officer concerned;
“management advice” means management action imposed following misconduct proceedings or an appeal meeting;
“misconduct” means a breach of the Standards of Professional Behaviour;
“misconduct hearing” means a hearing to which the officer concerned is referred under regulation 19 and at which he may be dealt with by disciplinary action up to and including dismissal;
“misconduct meeting” means a meeting to which the officer concerned is referred under regulation 19 and at which he may be dealt with by disciplinary action up to and including a final written warning;
“misconduct proceedings” means a misconduct meeting or misconduct hearing;
“the officer concerned” means the police officer in relation to whose conduct there has been an allegation;
“personal record” means a personal record kept under regulation 15 of the Police Regulations;
“police force concerned” means—
(a) where the officer concerned is a member of a police force, the police force of which he is a member; and
(b) where the officer concerned is a special constable, the police force maintained for the police area for which he is appointed;
“police friend” means a person chosen by the officer concerned in accordance with regulation 6;
“police officer” means a member of a police force or special constable;
“police staff member” means—
(a) a member of the civilian staff of a police force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011; or
(b) an employee of the Common Council of the City of London who is under the direction and control of the Commissioner of the City of London Police;
“proposed witness” means a witness whose attendance at the misconduct proceedings the officer concerned or the appropriate authority (as the case may be) wishes to request of the person conducting or chairing those proceedings;
“relevant lawyer” has the same meaning as in section 84(4) of the 1996 Act, subject to the provisions of paragraph 35 of Schedule 27 to the Criminal Justice and Immigration Act 2008;
“senior officer” means a member of a police force holding a rank above that of chief superintendent;
“special case hearing” means a hearing to which the officer concerned is referred under regulation 41 after the case has been certified as a special case;
“special case proceedings” means the referral of a case to a special case hearing and any proceedings at or in connection with such a hearing;
“staff association” means—
(a) in relation to a member of a police force of the rank of chief inspector or below, the Police Federation of England and Wales;
(b) in relation to a member of a police force of the rank of superintendent or chief...
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