Outcome of misconduct proceedings

Regulation 42 sets out the possible outcomes of misconduct proceedings. These are:

Where a finding that the conduct amounts to neither gross misconduct nor misconduct, refer the matter to be dealt with under the reflective practice review process.

In the case of a misconduct meeting:

1. A written warning (18 months)
2. A final written warning (2 years).

In the case of a misconduct hearing where the conduct amounts to misconduct:

1. A written warning
2. A final written warning (may be extended up to five years)
3. Reduction in rank (in limited circumstances)
4. Dismissal without notice (in limited circumstances).

In the case of a misconduct hearing where the conduct amounts to gross misconduct:

1. A final written warning

2. Reduction in rank

3. Dismissal without notice.

The person considering disciplinary action must give the officer concerned, their police friend or relevant lawyer, the opportunity to make written or oral representations before a determination is made.

Within five working days, beginning with the first working day after the completion of the misconduct proceedings, a report must be submitted to the appropriate authority on the findings of the misconduct proceedings. As soon as reasonably practicable, the appropriate authority must notify in writing the officer concerned of the outcome of those proceedings. At that time they should also be informed of their right to appeal.