Complaints and Misconduct Flashcards
What is misconduct
A breach of standards of professional behaviour
What is Gross Misconduct
A breach of standards of Professional behaviour so serious that a dismissal would be justified.
Who do the standards of professional behaviour apply to
All ranks of officers / Special Constables and Suspended Officers.
Can a Police officer resign or retire prior to being dealt with for an allegation that can lead to dismissal
No
Who is the appropriate authority
Cheif Constable - However, can delegate to Chief inspector or to a Police Staff member who is equivalent to a Cheif inspector.
What are the 10 standards
Honesty and Integrity Authority, Respect and Courtesy Equality and Diversity Use of force Orders and Instructions Duties and Responsibilities Confidentiality Fitness for duties Discreditable Conduct Challenging and reporting improper conduct.
Is suspension or a change of duties a formal misconduct outcome
No
Is suspension or a change of duties a prejudgement of a misconduct outcome
No
When can an officer be moved
When an allegation has been made of either misconduct or gross misconduct and an effective investigation or public interest factors arise.
When can suspension be used
When after or before moving an officer to a new location or new duties was considered or deemed inappropriate.
What must happen before someone is suspended
The appropriate authority must consult with the IPCC
What must happen before the person resumes duties from suspension
The appropriate authority must consult with the IPCC
Who has the final decision the appropriate person of the IPCC
Appropriate person.
What must happen to the person suspended?
They must be told and notified in writing the exact reasons they are being suspended and an public interest grounds.
What happens to a suspended person
They will cease to hold their office or membership except for the purpose of a misconduct proceeding.
What grounds can you challenge suspension
A person or their Police friend can make representations against the initial decision to suspend within 7 workings days of the suspension (next working day after suspension) or at any time during the course of suspension if they believe the circumstances have changed and the suspension is no longer appropriate.
How ofter should suspensions be reviewed
Every 4 weeks or sooner if the rounds are no longer applicable.
Who carries out the initial assessment for suspension
Appropriate authority.
Is fact finding permitted at the initial assessment
Yes but only to establish who the allegation relates to and how the allegation should be dealt with.
What happens if during the initial stage all standards have been met
Then no misconduct but they may be developmental needs.
What if during the initial stage some standards have been breached
Then the appropriate authority must decide if admitted or proven if the breach of standards would amount to misconduct or gross misconduct.
Can a line manager deal with misconduct
Yes
How can a line manager deal with misconduct
Via management action - NO written required
Via disciplinary proceedings - Written notice of the investigation required.
What has to happen at the start of a gross misconduct investigation
All gross misconduct investigation will have written notice of an investigation and disciplinary proceedings.
What is a Police Friend
A Police Friend is an Police Officer, Police Staff Member or a person nominated by the Police officers staff association.
Can a person refuse to be a Police friend
Yes,
Can a Police friend be appointed if they have had any involvement in the case
No
When is a Police Officer entitled to be legally represented
In a misconuct hearing / Special case hearing and in third stage performance hearings.
If a Police officer has committed a criminal offence whilst off duty can they have a Police friend present in the interview
No
Who can serve a written notice
Line manager / Police friend / Posting recorded delivery
What is the obligation to consider suggestions
Made by the officer or the Police friend regarding the line of investigation or examination of the witness
How often must the officer under investigation be updated
Every 4 weeks.
How may evidence be gathered
Written account / formal interview.
Who sets the time and date of the interview
The investigator.
What if the officer or the Police friend is unavailable
Then the officer being investigated can offer a date which is reasonable and falls within 5 working days.
Can responses given under caution be used in a misconduct interview
Yes
What is the level of disclosure.
All evidence relating to the misconduct must be supplied in advance. Unless there is a good reason for the investigator to withhold evidence.
What will the officer be warned at the start of a misconduct interview
That responses where the officer fails to answer can lead to adverse inferences at a later stage.
How will the interview be recorded
Eletronically (copy on request) Written (copy must be supplied)
When will there need to be a misconduct hearing
When there is a case to answer for gross misconduct and where an officer has a live written warning and a further case.
When is the Police officer permitted to raise an objection
When the officer’s impartiality is called into questions.
Will witnesses normally be called to misconduct meetings
No
Can a witness be called to a Special Case
No - Only evidence will be the Police Officer
Can an officer have legal representation with misconduct meetings
No
Can an officer have legal representation with a misconduct hearing
Yes
Can an officer have legal representation at a Special Case Hearing
Yes
When will a misconduct meeting take place
Shall take place within not less than 20 working days
When will a misconduct hearing take place
Shall take place within not less than 30 working days.
Can the complainant attend the misconduct meeting or hearing.
Yes along with any interested party - must leave on mitigation/character reference.
Can the IPCC attend a misconduct meeting they are involved in.
Yes and they may instruct a lawyer to represent them.
Will a misconduct meeting take place in public?
No
Will a misconduct hearing take place in public
General rule no - exception where the IPCC has conducted an independent investigation and the gravity of the case or any exceptional circumstances.
Will it be permitted to conduct a joint misconduct meeting
Yes, a joint meeting or hearing can be conducted.
What is the exception to a joint misconduct meeting
An officer can apply for a separate meeting on the grounds that the joint meeting poses a real risk of unfairness.
Can a misconduct meeting be held without the officer present
No - Unless the officer faile to attend without good reason.
Can a misconduct meeting be held if the officer is ill
There should be a short delay - If the delay is not possible the officer should be allowed to attend via telephone or video.
Can a misconduct meeting be held if the officer is in prison.
Yes in their absence.
Who shall conduct misconduct meetings for no senior officers
A Police officer at least 1 rank above the officer.
Who shall conduct misconduct meetings for Special Constables
Either a Sergeant or a Senior HR professional.
Who shall conduct misconduct hearings for non senior officers
A three person panel - Chaired by a person who is legally qualified.
How long does a written warning last
18 months
Can a written warning be extended
It can be extended once in exceptional circumstances for a further 18 months.
What impact will a career break have if taken during a live warning.
The duration of the warning period will freeze
What impact will a transfer have on a live of live warning
The live warning will transfer with the officer.
What happens if further misconduct on a live warning
Dismisall unless exceptional circumstances.
How much notice must be given for dismissal with notice
Min 28 days.
How much notice must be given for a dismissal without notice
None
When will an officer be informed of the outcome of a misconduct meeting / hearing
ASAP no later than 5 working days.
Who must hear the appeal
A member of staff with a rank higher than the previous officer who presided over the misconduct.
Can the initial outcome imposed in a misconduct meeting be increased
Yes all the way up to final written warning.
Who does a senior officer appeal to
The appeals tribunal
When can a fast track special case hearing take place
Whenthe appropriate authority certifies that the special conditions are satisfied. When the IPPC has given direction.
What has to happen for it to be a special case hearing
There must be incontrovertible evidence that will prove gross misconduct and that it is in the public interest to cease the person being a member of the Police.
When shall a special case hearing take place
Not less than 10 days not more than 15 days from the date of service.
Who will hear the special case hearing
Chief Constable or Assistance Commissioner
Can there be witnesses at a special case hearing
No oral evidence only from the officer.
Who can perform the role of Police friend
Police Officer / Police Staff member. the Willperson nominated by the Police staff Association.
Will a person performing the role of Police friend be entitled to duty time to perform their role
Yes
Will the person performing the role of Police friend be on duty whilst they do that
Yes
Will the person nominated to perform the role of Police friend be oblidged
No
Will the person nominated to be Police friend be allowed to act if they are already involved in the case
No
