45.(1)Where the officer concerned is an officer, other than a senior officer, whose case was decided at a misconduct meeting, the officer may, subject to the provisions of this regulation, appeal, (a)if the officer admitted the officers conduct amounted to misconduct, against any disciplinary action imposed under regulation 42, or. These powers are subject to regulations made under section 50 of the 1996 Act (sections 38(7) and 48(7) of the 2011 Act). (a)whether the officer concerned has a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act)(41) or gross misconduct or whether the officer has no case to answer; (b)where under paragraph (a) the appropriate authority determines that there is a case to answer in respect of misconduct (within the meaning of paragraph 29 of Schedule 3 to the 2002 Act), whether the case amounts to misconduct(42); (c)where there is a case to answer in respect of misconduct or gross misconduct, whether or not misconduct proceedings should be brought against the officer concerned, and. (4)Paragraph (3) does not apply where regulation 33(8) applies (matters to be decided at misconduct pre-hearing). (8)The appropriate authority must comply with a direction given under paragraph (7). (6)Reduction in rank may only be imposed under this regulation where the person or persons imposing the disciplinary action consider this is an appropriate sanction, taking into account the views of the appropriate authority, including in relation to the likely operational impact. For more information see the EUR-Lex public statement on re-use. (8)Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had a final written warning in force, neither a written warning nor a final written warning may be given. (a)a chair selected in accordance with regulation 28(4)(a); (b)HMCIC or an inspector of constabulary nominated by HMCIC, and. where functions have been delegated under paragraph (1), appropriate authority, in relation to the exercise of such functions, means the chief officer of police to whom the functions have been delegated; originating authority means the chief officer of police of the force of which the officer concerned is a member which has delegated functions under paragraph (1). (2)The disciplinary action has effect from the date on which it is notified to the officer concerned. fall before the end of the period of 5 working days beginning with the first working day after the day specified by the investigator. (a)where the officer concerned is a member of a police force, must be either another member of a police force of at least one rank higher than the officer or, unless the case substantially involves operational policing matters, a police staff member who, in the opinion of the appropriate authority, is more senior than the officer concerned; (b)where the officer concerned is a special constable, must be. (b)it is in the public interest for the officer concerned to cease to be a member of a police force or a special constable without delay. whether the chair should require notice to be given under paragraph (1); which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice. 18.(1)Before the end of 10 working days beginning with the first working day after the terms of reference, or, as the case may be, written notice has been given under regulation 17(2), (a)the officer concerned may provide a written or oral statement relating to any matter under investigation to the investigator, including any mitigating circumstances relevant to any such matter, and. (4)Where the chair decides not to conduct a misconduct pre-hearing, the chair must determine the date, time and duration of the misconduct hearing, following consultation with the parties by telephone or by such other electronic means as may be agreed between the parties or, where the parties fail to agree, as decided by the chair. (6)Subject to paragraph (7), these Regulations do not apply in relation to, (i)any of the Regulations and provisions in regulation 3(1), or, (a)determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation)(34) that a complaint or matter is to be re-investigated, or. (bb)would be entitled to attend the misconduct hearing under regulation 38(1). (a)in paragraphs (1), (3), (5), in both places where the words appear, (6), (9), (11) and (13)(b), conducting or were omitted; (b)in paragraph (6)(c), for misconduct or gross misconduct, as the case may be there were substituted gross misconduct. (7)For the purpose of section 84(4) of the 1996 Act (power to prescribe the panel for the purpose of representation at proceedings), the panel of persons or the person specified by this regulation to conduct misconduct proceedings is prescribed as the panel. (b)request a response to any such question from the officer concerned within a specified period. state that the Director General is to make a Condition C special determination and the consequences under Schedule 3 to the 2002 Act of such a determination; if disciplinary proceedings are taken and the allegation of gross misconduct is proved, the officer concerned may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of a police force or a special constable, and. the Director General or the Director Generals relevant lawyer, where the Director General presented the case on behalf of the appropriate authority. (a)impose any disciplinary action mentioned in paragraph (2) or (3) as appropriate; (b)where they find the conduct amounts to neither gross misconduct nor misconduct, direct that the matter is referred to be dealt with under the reflective practice review process. (c)any other person nominated by the officer concerned and approved by the chief officer of the police force concerned,; (i)Subject to regulation 66(1), were omitted; (ii)in sub-paragraph (b), or appeal meeting were omitted; (iii)in sub-paragraph (d), , meeting were omitted. 10.(1)Subject to the provisions of this regulation, proceedings under these Regulations must proceed without delay. (ii)any other document which might reasonably be considered capable of undermining or assisting the case. (a)where functions have been delegated under paragraph (1), appropriate authority, in relation to the exercise of such functions, means the chief officer of police to whom the functions have been delegated; (b)originating authority means the chief officer of police of the force of which the officer concerned is a member which has delegated functions under paragraph (1). (3)The chair must decide, before the end of 5 working days beginning with the first working day after the day on which the documents were supplied to the chair under regulation 32(6), whether to conduct a misconduct pre-hearing, in order to agree directions and to fix a date for the hearing in accordance with regulation 33. (a)whether it appears that the officer concerned should be prevented from future employment or appointment by a person mentioned in section 88C(5) of the 1996 Act (effect of inclusion in police barred list: persons who may not employ or otherwise appoint a barred person)(62); (b)where it appears that the officer concerned should be so prevented, whether disciplinary proceedings are necessary for this purpose; (c)the length of time since the alleged gross misconduct occurred; (d)whether it appears that the officer concerned will be held to account in respect of the alleged gross misconduct through other means, such as criminal or other proceedings; (e)where it appears that a complainant or other person has been harmed (whether physically or psychologically) by the alleged gross misconduct, whether it appears that a decision not to take disciplinary proceedings would adversely affect that person; (f)whether it appears that the officer concerned is unfit to be subject to or to participate in disciplinary proceedings by reason of disability or ill-health, and. member of a police force of at least the rank of inspector, or. (8)Where, on the date of the severity assessment under regulation 14(1) of these Regulations or under regulation 16 of the Complaints and Misconduct Regulations, the officer concerned had a final written warning in force, neither a written warning nor a final written warning may be given. (iii)respond on behalf of the authority to any view expressed at the proceedings; (iv)make representations concerning any aspect of proceedings under these Regulations, and, (v)subject to paragraph (10), ask questions of any witnesses, and, (7)The person representing the officer concerned may, (a)address the proceedings in order to do all or any of the following. the identification of key lessons to be learnt by the participating officer, line management or police force concerned, to address the matter and prevent a reoccurrence of the matter. Part 1 contains preliminary provisions, including interpretation provisions. (e)that if the allegation of gross misconduct is proved, the officer may be subject to a finding that the officer would have been dismissed if the officer had not ceased to be a member of a police force or a special constable; (ea)that if the officer is subject to such a finding, information including the officers full name and a description of the conduct which would have led to the officers dismissal will be added to the police barred list and may be subject to publication for a period of up to 5 years;; (c)after sub-paragraph (g), and were omitted and there were inserted. the Director General or the Director Generals relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case, where representations are received in relation to mitigating circumstances, must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer could reasonably have been expected to so mention them, and. (i)after sub-paragraph (b), and were inserted; (ii)for sub-paragraphs (c) and (d) there were substituted, (c)indicate the investigators opinion as to whether. (2)Where the Director General so attends the accelerated misconduct hearing. Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (14) applies. (a)P ceased to be a police officer before the allegation first came to the attention of a relevant body, and. (ii)if the officer is legally represented, the officers relevant lawyer or, if the officer is not legally represented, the officers police friend; (iii)the appropriate authority or, as the case may be, the originating authority or the person appointed to represent such authority in accordance with regulation 8(5), and. where the investigators opinion under sub-paragraph (c) is that there is no case to answer, indicate the investigators opinion as to whether the matter should be referred to be dealt with under the Performance Regulations or the reflective practice review process. (c)if so, and subject to paragraph (10), what form the misconduct proceedings should take. (4)Where the Director General has made a decision under regulation 24(1) to present a case, the duty specified in paragraph (1) to supply the specified documents to the person conducting or chairing the accelerated misconduct hearing lies with the Director General and not with the appropriate authority. each time a new Written Warning form book is issued. (5)Where more than one allegation is considered in the same misconduct proceedings in accordance with regulation 4(9), this regulation applies to the whole of the proceedings and accordingly the Director General may make representations in respect of any allegation. Written warning: If an officer issues you a written warning after pulling you over, there is a chance it will end up on your driving record. (2)Where the officer concerned is a senior officer and the case is referred to misconduct proceedings, those misconduct proceedings must be conducted by a panel of three persons appointed in accordance with paragraphs (4) and (5).