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National Police Promotion Exam > Complaints and Misconduct > Flashcards

Complaints and Misconduct Flashcards

1
Q

What is misconduct

A

A breach of standards of professional behaviour

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2
Q

What is Gross Misconduct

A

A breach of standards of Professional behaviour so serious that a dismissal would be justified.

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3
Q

Who do the standards of professional behaviour apply to

A

All ranks of officers / Special Constables and Suspended Officers.

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4
Q

Can a Police officer resign or retire prior to being dealt with for an allegation that can lead to dismissal

A

No

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5
Q

Who is the appropriate authority

A

Cheif Constable - However, can delegate to Chief inspector or to a Police Staff member who is equivalent to a Cheif inspector.

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6
Q

What are the 10 standards

A 
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.
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7
Q

Is suspension or a change of duties a formal misconduct outcome

A

No

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8
Q

Is suspension or a change of duties a prejudgement of a misconduct outcome

A

No

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9
Q

When can an officer be moved

A

When an allegation has been made of either misconduct or gross misconduct and an effective investigation or public interest factors arise.

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10
Q

When can suspension be used

A

When after or before moving an officer to a new location or new duties was considered or deemed inappropriate.

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11
Q

What must happen before someone is suspended

A

The appropriate authority must consult with the IPCC

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12
Q

What must happen before the person resumes duties from suspension

A

The appropriate authority must consult with the IPCC

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13
Q

Who has the final decision the appropriate person of the IPCC

A

Appropriate person.

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14
Q

What must happen to the person suspended?

A

They must be told and notified in writing the exact reasons they are being suspended and an public interest grounds.

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15
Q

What happens to a suspended person

A

They will cease to hold their office or membership except for the purpose of a misconduct proceeding.

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16
Q

What grounds can you challenge suspension

A

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.

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17
Q

How ofter should suspensions be reviewed

A

Every 4 weeks or sooner if the rounds are no longer applicable.

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18
Q

Who carries out the initial assessment for suspension

A

Appropriate authority.

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19
Q

Is fact finding permitted at the initial assessment

A

Yes but only to establish who the allegation relates to and how the allegation should be dealt with.

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20
Q

What happens if during the initial stage all standards have been met

A

Then no misconduct but they may be developmental needs.

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21
Q

What if during the initial stage some standards have been breached

A

Then the appropriate authority must decide if admitted or proven if the breach of standards would amount to misconduct or gross misconduct.

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22
Q

Can a line manager deal with misconduct

A

Yes

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23
Q

How can a line manager deal with misconduct

A

Via management action - NO written required

Via disciplinary proceedings - Written notice of the investigation required.

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24
Q

What has to happen at the start of a gross misconduct investigation

A

All gross misconduct investigation will have written notice of an investigation and disciplinary proceedings.

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25
Q

What is a Police Friend

A

A Police Friend is an Police Officer, Police Staff Member or a person nominated by the Police officers staff association.

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26
Q

Can a person refuse to be a Police friend

A

Yes,

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27
Q

Can a Police friend be appointed if they have had any involvement in the case

A

No

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28
Q

When is a Police Officer entitled to be legally represented

A

In a misconuct hearing / Special case hearing and in third stage performance hearings.

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29
Q

If a Police officer has committed a criminal offence whilst off duty can they have a Police friend present in the interview

A

No

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30
Q

Who can serve a written notice

A

Line manager / Police friend / Posting recorded delivery

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31
Q

What is the obligation to consider suggestions

A

Made by the officer or the Police friend regarding the line of investigation or examination of the witness

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32
Q

How often must the officer under investigation be updated

A

Every 4 weeks.

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33
Q

How may evidence be gathered

A

Written account / formal interview.

34
Q

Who sets the time and date of the interview

A

The investigator.

35
Q

What if the officer or the Police friend is unavailable

A

Then the officer being investigated can offer a date which is reasonable and falls within 5 working days.

36
Q

Can responses given under caution be used in a misconduct interview

A

Yes

37
Q

What is the level of disclosure.

A

All evidence relating to the misconduct must be supplied in advance. Unless there is a good reason for the investigator to withhold evidence.

38
Q

What will the officer be warned at the start of a misconduct interview

A

That responses where the officer fails to answer can lead to adverse inferences at a later stage.

39
Q

How will the interview be recorded

A

Eletronically (copy on request) Written (copy must be supplied)

40
Q

When will there need to be a misconduct hearing

A

When there is a case to answer for gross misconduct and where an officer has a live written warning and a further case.

41
Q

When is the Police officer permitted to raise an objection

A

When the officer’s impartiality is called into questions.

42
Q

Will witnesses normally be called to misconduct meetings

A

No

43
Q

Can a witness be called to a Special Case

A

No - Only evidence will be the Police Officer

44
Q

Can an officer have legal representation with misconduct meetings

A

No

45
Q

Can an officer have legal representation with a misconduct hearing

A

Yes

46
Q

Can an officer have legal representation at a Special Case Hearing

A

Yes

47
Q

When will a misconduct meeting take place

A

Shall take place within not less than 20 working days

48
Q

When will a misconduct hearing take place

A

Shall take place within not less than 30 working days.

49
Q

Can the complainant attend the misconduct meeting or hearing.

A

Yes along with any interested party - must leave on mitigation/character reference.

50
Q

Can the IPCC attend a misconduct meeting they are involved in.

A

Yes and they may instruct a lawyer to represent them.

51
Q

Will a misconduct meeting take place in public?

A

No

52
Q

Will a misconduct hearing take place in public

A

General rule no - exception where the IPCC has conducted an independent investigation and the gravity of the case or any exceptional circumstances.

53
Q

Will it be permitted to conduct a joint misconduct meeting

A

Yes, a joint meeting or hearing can be conducted.

54
Q

What is the exception to a joint misconduct meeting

A

An officer can apply for a separate meeting on the grounds that the joint meeting poses a real risk of unfairness.

55
Q

Can a misconduct meeting be held without the officer present

A

No - Unless the officer faile to attend without good reason.

56
Q

Can a misconduct meeting be held if the officer is ill

A

There should be a short delay - If the delay is not possible the officer should be allowed to attend via telephone or video.

57
Q

Can a misconduct meeting be held if the officer is in prison.

A

Yes in their absence.

58
Q

Who shall conduct misconduct meetings for no senior officers

A

A Police officer at least 1 rank above the officer.

59
Q

Who shall conduct misconduct meetings for Special Constables

A

Either a Sergeant or a Senior HR professional.

60
Q

Who shall conduct misconduct hearings for non senior officers

A

A three person panel - Chaired by a person who is legally qualified.

61
Q

How long does a written warning last

A

18 months

62
Q

Can a written warning be extended

A

It can be extended once in exceptional circumstances for a further 18 months.

63
Q

What impact will a career break have if taken during a live warning.

A

The duration of the warning period will freeze

64
Q

What impact will a transfer have on a live of live warning

A

The live warning will transfer with the officer.

65
Q

What happens if further misconduct on a live warning

A

Dismisall unless exceptional circumstances.

66
Q

How much notice must be given for dismissal with notice

A

Min 28 days.

67
Q

How much notice must be given for a dismissal without notice

A

None

68
Q

When will an officer be informed of the outcome of a misconduct meeting / hearing

A

ASAP no later than 5 working days.

69
Q

Who must hear the appeal

A

A member of staff with a rank higher than the previous officer who presided over the misconduct.

70
Q

Can the initial outcome imposed in a misconduct meeting be increased

A

Yes all the way up to final written warning.

71
Q

Who does a senior officer appeal to

A

The appeals tribunal

72
Q

When can a fast track special case hearing take place

A

Whenthe appropriate authority certifies that the special conditions are satisfied. When the IPPC has given direction.

73
Q

What has to happen for it to be a special case hearing

A

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.

74
Q

When shall a special case hearing take place

A

Not less than 10 days not more than 15 days from the date of service.

75
Q

Who will hear the special case hearing

A

Chief Constable or Assistance Commissioner

76
Q

Can there be witnesses at a special case hearing

A

No oral evidence only from the officer.

77
Q

Who can perform the role of Police friend

A

Police Officer / Police Staff member. the Willperson nominated by the Police staff Association.

78
Q

Will a person performing the role of Police friend be entitled to duty time to perform their role

A

Yes

79
Q

Will the person performing the role of Police friend be on duty whilst they do that

A

Yes

80
Q

Will the person nominated to perform the role of Police friend be oblidged

A

No

81
Q

Will the person nominated to be Police friend be allowed to act if they are already involved in the case

A

No

National Police Promotion Exam (50 decks)

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