The Police (Conduct) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/645 |
| Year | 2004 |
2004 No. 645
POLICE, ENGLAND AND WALES
The Police (Conduct) Regulations 2004
Made 8th March 2004
Laid before Parliament 11th March 2004
Coming into force 1st April 2004
The Secretary of State, in exercise of the powers conferred on him by sections 50 and 51 of the Police Act 19961and section 81 of the Police Act 19972, and after supplying a draft of these Regulations to the Police Advisory Board for England and Wales and taking into consideration their representations in accordance with section 63(3) of that Act3, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Police (Conduct) Regulations 2004 and shall come into force on 1st April 2004.
Revocations and transitional provisions
2.—(1) The provisions set out in paragraph (2) are hereby revoked.
(2) Those provisions are—
(a)
(a) regulation 2 of the Special Constables Regulations 19654(suspension).
(b)
(b) the Police (Conduct) Regulations 19995;
(c)
(c) the Police (Conduct) (Senior Officers) Regulations 19996;
(d)
(d) articles 11 and 12 of the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 20007;
(e)
(e) regulations 5 and 6 of the Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 20018;
(f)
(f) the Police (Conduct) (Amendment) Regulations 20039;
(g)
(g) the Police (Conduct) (Senior Officers) (Amendment) Regulations 200310.
(3) Where a report, complaint or allegation—
(a)
(a) was received before 1st April 2004 in respect of conduct by a member of a police force or a special constable; or
(b)
(b) has been or is received on or after 1st April 2004 in respect of conduct by a special constable which occurred or commenced before 1st April 2004,
nothing in these Regulations shall apply, and the provisions mentioned in paragraph (2) shall, as far as applicable, continue to have effect.
Interpretation
3.—(1) In these Regulations—
“appropriate authority” means—
(a) where the officer concerned is a senior officer of any police force, the police authority for the force’s area;
(b) where the officer concerned is a senior officer of the National Crime Squad, the Service Authority for that Squad;
(c) in any other case, the chief officer of the police officer’s force;
“appropriate officer” means—
(a) where the officer concerned is a member of the metropolitan police force or the City of London police force or a special constable appointed for the area of one of those forces, a police officer of at least the rank of commander in that police force;
(b) in any other case, a police officer of at least the rank of assistant chief constable;
“appropriate standard” means the standard set out in the Code of Conduct;
“conduct matter” means any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—
(a) committed a criminal offence; or
(b) behaved in a manner which would justify the bringing of disciplinary proceedings.
“Code of Conduct” means the code of conduct contained in Schedule 1;
“the Commission” means the Independent Police Complaints Commission;
“the officer concerned” means the police officer in relation to whose conduct there has been a report, complaint or allegation;
“officer other than a senior officer” means a police officer below the rank of senior officer;
“police officer” means a member of a police force or a special constable;
“senior officer” means a chief constable, a deputy chief constable or an assistant chief constable or, in the case of the City of London and metropolitan police forces, a member of the force in question of or above the rank of commander;
“supervising officer” means a police officer appointed under regulation 7 to supervise the investigation of a case;
“the 1996 Act” means the Police Act 1996; and
“the 2002 Act” means the Police Reform Act 200211.
(2) In these Regulations—
(a)
(a) a reference to a police force shall include a reference to the National Crime Squad;
(b)
(b) a reference to a police authority shall include a reference to the Service Authority for that Squad; and
(c)
(c) a reference to a chief officer shall include a reference to the Director General of that Squad.
(3) In the following regulations—
(a)
(a) a reference to an officer other than a senior officer shall include a reference to a special constable, regardless of the rank or grade he holds;
(b)
(b) any special constable of a rank or grade equivalent to or above the rank of chief superintendent shall be treated as if he were a chief superintendent.
Suspension
4.—(1) Where it appears to the appropriate authority, on receiving a report, complaint or allegation which indicates that the conduct of a police officer does not meet the appropriate standard, that the officer concerned ought to be suspended from his office as constable and (in the case of a member of a force) from membership of the force, the appropriate authority may, subject to the following provisions of this regulation, so suspend him.
(2) The appropriate authority shall not so suspend a police officer unless it appears to it that either of the following conditions (“the suspension conditions”) is satisfied—
(a)
(a) that the effective investigation of the matter may be prejudiced unless the officer concerned is so suspended;
(b)
(b) that the public interest, having regard to the nature of the report, complaint or allegation, and any other relevant considerations, requires that he should be so suspended.
(3) If the appropriate authority determines that a senior officer ought to be suspended under this regulation, it shall forthwith notify the Commission of its decision and of the suspension condition appearing to it to justify its decision.
(4) If, upon being so notified of the decision of the appropriate authority, the Commission is satisfied that the suspension condition in question is fulfilled, it shall as soon as practicable notify its approval of the suspension of the senior officer concerned to the appropriate authority; and the suspension of the officer shall not have effect unless the approval of the Commission is so given.
(5) The appropriate authority concerned may exercise the power to suspend the officer concerned under this regulation at any time, subject to paragraphs (3) and (4), from the time of the receipt of the report, complaint or allegation until—
(a)
(a) it is decided that the conduct of the officer concerned shall not be the subject of proceedings under regulation 11;
(b)
(b) the notification of a finding that the conduct of the officer concerned did not fail to meet the appropriate standard;
(c)
(c) a sanction has been imposed under regulation 35 and, in the case of an officer other than a senior officer, either the officer concerned has not requested a review within the period specified in regulation 40 or any such review has been completed;
(d)
(d) in the case of a senior officer, the Commission decide otherwise;
(e)
(e) in the case of a senior officer, a notification that, in spite of a finding that the conduct of the officer failed to meet the appropriate standard, no sanction should be imposed.
(6) Where the officer concerned is suspended under this regulation, he shall remain suspended until there occurs any of the events mentioned in paragraph (5)(a) to (e), or until the appropriate authority decides he shall cease to be suspended, whichever first occurs.
(7) Where the officer concerned who is suspended is required to resign under regulation 35, he shall remain suspended until the requirement to resign takes effect.
(8) Where the appropriate authority is a chief officer, he may delegate his powers under this regulation—
(a)
(a) where the officer concerned is a member of the City of London or metropolitan police force or is a special constable appointed for the area of one of those forces, to an officer of at least the rank of commander,
(b)
(b) in any other case, to an officer of at least the rank of assistant chief constable.
Suspension—urgent cases
5.—(1) Subject to paragraph (2), in cases of urgency, the like power of suspension as under regulation 4(1) and (2) may be exercised with immediate effect—
(a)
(a) in relation to a chief officer, by the police authority; and
(b)
(b) in relation to any other senior officer, by the chief officer concerned.
(2) Where a senior officer has been suspended under paragraph (1), the police authority or, as the case may be, the chief officer shall notify the Commission forthwith.
(3) The suspension of a senior officer under this regulation shall cease to have effect—
(a)
(a) at the expiry of 24 hours from its imposition unless within that period the Commission has notified the appropriate authority of its approval of it, or
(b)
(b) if earlier, when any of the events mentioned in regulation 4(5)(a) to (e) occurs.
Conduct of investigations where there are outstanding criminal proceedings
6. Where there are criminal proceedings outstanding against the officer concerned, proceedings under these Regulations, other than the exercise of the power to suspend under regulation 4 or 5, shall not take place unless the appropriate authority believes that in the exceptional circumstances of the case it would be appropriate for them to do so.
Appointment of supervising officer
7.—(1) Subject to paragraph (2), where a report, complaint or allegation is received by the chief officer which indicates that the conduct of a police officer (other than a senior officer) did not meet the appropriate standard, the case may be referred by him to a police officer, who satisfies the conditions in paragraph (3), to supervise the investigation of...
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