Disciplinary Proceedings Overview

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Questions and Answers

What is the minimum number of members required on the panel for a disciplinary hearing?

5 persons

2 persons

4 persons

3 persons (correct)

Which of the following must not have had prior involvement in the case being heard?

The AA's advisor

The Chair of the hearing

Members of the hearing panel (correct)

The OC's lawyer

During a pre-hearing, who has the right to be legally represented?

Only the Chair of the hearing panel

Only the OC

Both the AA and OC (correct)

Only the AA

At a misconduct pre-hearing, who determines which witnesses should attend the disciplinary hearing?

The Chair of the hearing panel Signup and view all the answers

In what form should the formal notice of the misconduct proceedings be given to the OC?

Formal written notice Signup and view all the answers

What must the Chair consider during the pre-hearing process?

Both B and C Signup and view all the answers

What is required for discipline proceedings to be conducted?

Provisions of the Discipline Regulations of 2022 Signup and view all the answers

What type of lawyer can advise the person conducting the disciplinary proceedings?

Relevant lawyer at a disciplinary hearing Signup and view all the answers

What is the maximum penalty for serious misconduct related to loss of pay?

10 days Signup and view all the answers

What must be taken into account when determining disciplinary penalties?

The extent of the standards breached and mitigating factors Signup and view all the answers

When can a written warning be imposed?

If there is no prior warning in force Signup and view all the answers

How long can a final written warning remain in force?

5 years Signup and view all the answers

What is a possible consequence for serious misconduct that is not available for misconduct?

Requirement to resign Signup and view all the answers

Under what condition can a reduction in rank be imposed?

When the misconduct is deemed serious Signup and view all the answers

What is the requirement for an officer to receive a written notice regarding misconduct proceedings?

The AA must inform the officer of the decision and appeal rights Signup and view all the answers

Which of the following penalties is available for both misconduct and serious misconduct?

Final Written Warning Signup and view all the answers

What is the time frame within which the AA must notify the OC about the decision on the appeal?

Before the end of 5 working days after the determination of the appeal Signup and view all the answers

What is included in the records maintained by the PSD and HR Department regarding breaches of professional standards?

The OC's mitigation and outcome of any appeals lodged Signup and view all the answers

What fundamental qualities are highlighted in the SBA Police Standards of Professional Behaviour?

Honesty and Integrity, Discreditable Conduct Signup and view all the answers

Under what condition may disciplinary procedures continue against an OC when criminal proceedings are initiated?

Only when legal advice states disciplinary actions will not prejudice criminal proceedings Signup and view all the answers

What aspects are considered during a discipline investigation regarding alleged offences?

The OC's involvement and the impact on public confidence Signup and view all the answers

What information must be disclosed to the OC regarding an investigation when criminal inquiries are ongoing?

That details of the disciplinary investigation may be disclosed to the criminal investigation Signup and view all the answers

What records are retained on the OC's personal file according to the regulations?

Records detailing breaches, mitigating factors, actions taken, and outcomes Signup and view all the answers

What impact does the alleged offence of an OC have on their role and public confidence according to the regulations?

It can adversely affect their ability to maintain public confidence and the Force's reputation Signup and view all the answers

What is the primary responsibility of police officers during investigations?

To cooperate openly and professionally as witnesses Signup and view all the answers

Which of the following best describes the concept of 'fitness for duty'?

Being capable of carrying out responsibilities when on duty Signup and view all the answers

What constitutes discreditable conduct for police officers?

Actions that undermine public confidence in the police service, regardless of duty status Signup and view all the answers

What should police officers do when they witness misconduct among colleagues?

Report, challenge or act against the misconduct Signup and view all the answers

What is the first duty of the Appropriate Authority upon receiving a complaint against a police officer?

To ensure preservation of evidence related to the complaint Signup and view all the answers

What should an Appropriate Authority determine when handling a complaint alleging misconduct?

Whether they are the right authority to deal with the alleged misconduct Signup and view all the answers

How long must the Appropriate Authority continue to take steps to preserve evidence once a complaint is made?

Until they are satisfied no longer necessary Signup and view all the answers

When an Appropriate Authority determines they can handle a complaint, what is their immediate next step?

To commence processing the complaint immediately Signup and view all the answers

What happens if the Appropriate Authority decides not to record a complaint?

The complainant must be informed of the decision. Signup and view all the answers

Under what condition may the Appropriate Authority not record a complaint?

If the allegation relates to a direction and control matter. Signup and view all the answers

What determines if a complaint is suitable for informal resolution?

The Appropriate Authority's discretion based on certain conditions. Signup and view all the answers

What is true regarding statements made during informal resolution?

They cannot be used in any subsequent legal proceedings except under certain conditions. Signup and view all the answers

What may the Appropriate Authority appoint in the process of informal resolution?

A serving Police officer under the SBA Chief Constable's direction. Signup and view all the answers

What action is taken if informal resolution attempts fail?

The complaint will be investigated formally. Signup and view all the answers

What must the Appropriate Authority do when a complaint has been recorded?

Inform the complainant in writing about the recording and steps to address it. Signup and view all the answers

What can result in the discontinuation of informal resolution of a complaint?

Any arrangements made under sub-section (3). Signup and view all the answers

Study Notes

Disciplinary Hearing Panel

Minimum number of members: Three
Member without prior involvement: Chair
Right to legal representation at pre-hearing: Both the OC and the Appropriate Authority
Witness determination for disciplinary hearing: Chair
Form of notice for misconduct proceedings: Formal written notice
Chair’s considerations during pre-hearing: Fairness and procedural justice
Requirements for conducting disciplinary proceedings: Compliance with relevant regulations and legislation
Type of lawyer advising disciplinary proceedings: Independent lawyer or counsel
Maximum penalty for serious misconduct (pay-related): Loss of one-third of pay for a period of three months
Factors considered for disciplinary penalties: Severity of misconduct, mitigating circumstances, and previous disciplinary record
Imposing a written warning: For any misconduct
Duration of final written warning: One year
Consequence for serious misconduct not available for misconduct: Reduction in rank
Condition for imposing a reduction in rank: Serious misconduct that undermines the officer’s capacity to perform their duties
Written notice requirement for OC regarding misconduct proceedings: Within a reasonable time frame, including details of the allegations and the opportunity to be heard
Penalty available for both misconduct and serious misconduct: Written warning
Time frame for AA to notify OC about appeal decision: Within a reasonable time frame, not exceeding 21 days

Records

Records by PSD and HR Department: Include breaches of professional standards, disciplinary actions taken, and any appeals against decisions
SBA Police Standards of Professional Behaviour: Honesty, integrity, respect, and impartiality

Investigations

Continuing disciplinary proceedings with criminal proceedings: Except when there are compelling reasons not to
Aspects considered during disciplinary investigation: Nature of alleged offence, evidence available, and potential for criminal prosecution
Disclosure to OC regarding ongoing criminal inquiries: All relevant information that does not compromise the investigation
Retained records on OC's personal file: Include disciplinary proceedings and other relevant information

Impact of Alleged Offence on Role and Public Confidence

Impact of alleged offence: Adversely affects the OC's role and public confidence in the police force
Primary responsibility of police officers during investigations: Upholding the law, protecting life, and promoting public safety

Fitness for Duty

Fitness for duty definition: An officer’s ability to perform their duties effectively and without compromising the safety of themselves or others

Disciplinary Action and Misconduct

Discreditable conduct for police officers: Any conduct that brings disrepute to the police force or undermines public confidence in the police
Witnessing misconduct among colleagues: Report the misconduct to the Appropriate Authority according to established procedures
First duty of the Appropriate Authority upon receiving a complaint: Review the complaint to determine its validity and seriousness
Appropriate Authority’s determination regarding a misconduct complaint: Whether to record the complaint, investigate it, or refer it to another agency
Evidence preservation duration after a complaint: For as long as necessary to ensure a fair and thorough investigation
Immediate step after determining they can handle a complaint: Conducting a preliminary investigation

Complaint Handling

Action if the Appropriate Authority does not record a complaint: Issue a formal decision with reasons for not recording the complaint
Condition for not recording a complaint: If the complaint is deemed frivolous, vexatious, or outside their jurisdiction
Suitability determination for informal resolution: Based on the nature of the complaint, the seriousness of the alleged misconduct, and the potential to be resolved informally
Statements during informal resolution: May be used in formal proceedings if the resolution fails, except those made under a promise of confidentiality
Appointment during informal resolution: May appoint a mediator or facilitator to assist in the resolution process
Action if informal resolution fails: Formal investigation and disciplinary proceedings may be initiated
Action after recording a complaint: Conduct a prompt and thorough investigation to determine the facts of the matter
Discontinuation of informal resolution: If the complaint is deemed inappropriate for informal resolution or if informal resolution fails to resolve the issue

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Description

Explore the essential elements of disciplinary proceedings as outlined in the Discipline Regulations of 2022. Understand the roles and rights of both the Organizational Committee (OC) and the Appointing Authority (AA) during the process, including legal representation and pre-hearing procedures. This quiz will test your knowledge on key procedural provisions and concepts related to misconduct cases.