Will I get a notice regarding any complaints or investigations?
Yes, the old Regulation 9 Notice has been replaced, but you will get a new style notice.
Please note that this notice carries a set timescale for the Officer to respond regarding the allegation, as outlined at bullet point 8 below, you are advised to seek early Federation representation in relation to any such matters.
Written notification will be given to the police officer concerned by the investigator appointed to investigate the case, advising him or her that his or her conduct is under investigation – either under Regulation 15 of the Conduct Regulations or under Regulation 14A of the Complaint Regulations.
The notice will:
• Inform the police officer that there is to be an investigation of his or her potential breach of the Standards of Professional Behaviour and inform the police officer of the name of the investigator who will investigate the matter.
• Describe the conduct that is the subject of the investigation and how that conduct is alleged to have fallen below the Standards of Professional Behaviour.
• Inform the police officer concerned of the appropriate authority’s (or investigator’s in a matter dealt with under the 2002 Act) assessment of whether the conduct alleged, if proved, would amount to misconduct or gross misconduct
• Inform the police officer of whether, if the case were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or misconduct hearing.
• Inform the police officer that if the likely form of any misconduct proceedings changes the police officer will be notified of this together with the reasons for that change.
• Inform the police officer of his or her right to seek advice from his or her staff association or any other body and who the police officer may choose to act as his or her police friend.
• Inform the police officer that if his or her case is referred to a misconduct hearing or special case hearing, he or she has the right to be legally represented by a relevant lawyer. If the police officer elects not to be so represented then he or she may be represented by a police friend. The notice will also make clear that if he or she elects not to be legally represented then he or she may be dismissed or receive any other disciplinary outcome without being so represented.
• Inform the police officer that he or she may provide, within 10 working days of receipt of the notice (unless this period is extended by the investigator) a written or oral statement relating to any matter under investigation and he or she (or his or her police friend) may provide any relevant documents to the investigator within this time.
• Inform the police officer that whilst he or she does not have to say anything, it may harm his or her case if he or she does not mention when interviewed or when providing any information within the relevant time limits something which he or she later relies on in any misconduct proceedings or special case hearing or at an appeal meeting or Police Appeals
The notice should clearly describe in unambiguous language the particulars of the conduct that it is alleged fell below the standards expected of a police officer.
The terms of reference for the investigation, or the part of the terms of reference for the investigation relating to the individual’s conduct, should, subject to there being no prejudice to that or any other investigation, be supplied to the police officer and to his or her police friend on request, and they should both be informed if the terms of reference change.