Unsatisfactory Performance 

 
The code of conduct is set out below

 

Honesty & Integrity

Officers should be open and truthful in their dealings Officers should avoid being improperly beholden to any person or institution Officers should discharge their duties with integrity.

Fairness & impartiality

Police officers have a particular responsibility to act with fairness and impartiality in all their dealings with the public and their colleagues.

Politeness & Tolerance

Officers should treat members of the public and their colleagues with courtesy and respect, avoiding abusive and deriding attitudes or behaviour In particular officers must avoid:
  • Favouritism of an individual or group;
  • All forms of harassment, victimisation or unreasonable, discrimination;
  • Overbearing conduct to a colleague, particularly to one of a junior rank.

Use of Force and Abuse of Authority

Officers must never knowingly use more force than is reasonable Officers should never abuse authority.

Performance of Duty

Officers should be conscientious and diligent in the performance of their duties Officers should attend work promptly when rostered for duty If absent through sickness or injury, officers should avoid activities likely to retard their return to duty.

Lawful Orders

Unless there is good and sufficient cause to do otherwise, officers must obey all lawful orders and abide by the provisions of Police Regulations Officers should support their colleagues in the execution of their lawful duties, and oppose any improper behaviour, reporting it where appropriate.

Confidentiality

Information, which comes into the possession of the police, should be treated as confidential:
  • It should not be used for personal benefit and nor should it be divulged to other parties except in the proper course of police duty
  • Officers should respect information about force policy and operations as confidential, unless authorised to disclose it in the course of their duties.

Criminal offences

Officers must report any proceedings for a criminal offence taken against them (Conviction of a criminal offence may in itself result in further action being taken).

Property

Officers must exercise reasonable care to prevent loss or damage to property. (Excluding their own personal property but including police property)

Sobriety

Whilst on duty officers must be sober. (For superintendents ‘on duty’ includes any period when the officer is off duty but has agreed to be available for recall to duty to deal with matters, which might occur within the area(s) he or she has agreed to cover) (An officer who is unexpectedly called out for duty should be able to say that he/she has had too much to drink at no risk of discredit)

Officers should not consume alcohol when on duty unless specifically authorised to do so or it becomes necessary for the proper discharge of police duty.

Appearance

Unless on duties which dictate otherwise, officers should always be well turned out, clean and tidy whilst on duty in uniform or in plain clothes.

General Conduct

Whether on or off duty, police officers should not behave in a way, which is likely to bring discredit upon the police service.

Police Conduct Advice Note

  1. Misconduct Complaints

    Shortly after a complaint has been made you should be served with a Regulation 9 Notice, giving you notice of the nature of the complaint.

    The first you may know about an inquiry is when an investigating officer asks to see you. You should make sure that you understand the reason for the interview. If the allegation is about an alleged criminal offence the matter should be dealt with in exactly the same way as any other criminal investigation and you have exactly the same rights as any other citizen.

    If the complaint is of a serious nature the matter will be referred to the Independent Police Complaints Commission. They may supervise the conduct of the investigation.

    A criminal investigation may be followed by an investigation into discipline matters. Statements made during the criminal investigation, after caution, are admissible in discipline proceedings.

  2. Internal Discipline

    the complaint against you is generated from within the Service you may be formally reported by the supervisory officer or be told at a later stage that you are under investigation.

  3. Misconduct Complaints

    It is an offence contrary to the Discipline Code for an officer to be convicted of a criminal Offence.

    After conviction a Regulation 9 Notice is served and the officer is told that he will be reported. If the investigating officer is present at Court, service of the form will be made immediately after the conclusion of proceedings.

REGULATION 9 NOTICE

If you are served with a Regulation 9 you are advised to DO NOTHING UNTIL YOU HAVE TAKEN ADVICE FROM AN EXPERIENCED FEDERATION REPRESENTATIVE. Take the form and clearly state that wish to take advice before making a statement, written or oral, or answering any questions. If the investigating officer insists on questioning you, answer each and every question with the words “I wish to take advice before I answer any questions”.

In almost every case it will be advisable to make a statement and answer questions as soon as you have sought advice. The credibility of any delayed defence raised later on in an investigation is much reduced. The Form should be carefully analysed. It may contain a number of separate complaints in the same paragraph. Each separate complaint should be answered in a separate paragraph of your statement. This will facilitate editing of documents should the matter reach a discipline hearing. In certain cases it might be advisable to make separate statements for each item of complaint.

Duty Statements

Under certain circumstances a request may be made for a duty statement. It is advisable to take advice as above before making such a statement. It is not under caution and is inadmissible in subsequent proceedings except when it contains something, which is untrue. A discipline charge can then be laid and the statement used as evidence to substantiate that charge. This could be prejudicial to other charges heard at the same time.

Malicious Complaints

If a complaint is false or malicious the Police Federation Solicitors can advise as to proceedings for defamation. Tape recording of discipline interviews In interviews under Criminal Caution, tape recording may take place. Where they do, regard must be had to the Codes of Practice on Tape Recordings. Note for instance that the interviewee can object to tape- recording, However, if ordered, an officer must attend at interview. The Home Office Guidance on Codes of Practice on ‘The tape recording of Police interviews with suspects at police stations’ states: “There is no requirement in the Codes of Practice to tape record an interview with a police officer against whom a complaint has been made of behaviour which does not amount to an allegation of a criminal offence”

However, some forces offer tape recording of interviews in pure discipline matters and there are a number of allegations which may lead to Criminal and/or Disciplinary proceedings, for example, assault, where an interview for a possible criminal offence has been tape recorded. The tape recording will be admissible in a discipline hearing relating to the same matter.

The Police Federation therefore offer the following advice where a Discipline or Discipline/Criminal interview is tape recorded

  1. In a discipline interview, the choice to tape is solely that of the accused officer
  2. The interview shall be conducted in accordance with the Codes of Practice issued by the Secretary of State under Section 60 of the Police and Criminal Evidence Act 1984
  3. The interview shall take place in a room other than a custody suite
  4. Should the accused officer subsequently be charged with a Discipline offence, no charge shall be levied for the supply of the taped record of interview(s) to a friend or legal representative.

Service of Disciplinary Charge Form

If you served with a DIS. 16 for any complaint contact a Federation Representative immediately. If Legal Representation is offered to you at Section 6 of this form then this is an indication that if the case is proved you may be likely to be dismissed, required to resign or reduced in rank. You have 14 days to accept the offer of legal representation. If you are unable to contact an experienced Federation Representative contact the Federation office at Green Lane tel: 0151 259 1535 or 777 4442/3

Informal Resolution

The Regulations allow for complaints of a minor nature to be dealt with without recourse to a formal discipline investigation.

Any statement made during informal resolution may not be used in subsequent Civil, Criminal or Discipline proceedings for the offence which ‘fell to be resolved’. This means that any other matter mentioned in this statement can be so used. An example is where an officer denies uncivil language and states he was elsewhere at the time. Whilst the statement is inadmissible for any proceedings for uncivil language it could be used to support a discipline charge of being absent from a beat, etc.

The Officer who is subject of a complaint cannot prevent informal resolution. Results of Informal Resolution, in this Force, are not recorded on Personal Records. Separate records are maintained and can only be searched under the name of the complainant. If no misconduct is admitted by the Officer complained of, no apology will be made on his behalf.

Grievance Procedure

The Grievance procedure is intended to deal with all types of grievance including claims of unfair interpretation or implementation of personnel policies or conditions of service and actions that contravene equal opportunities policy, namely, discrimination on the grounds of sex, marital status, race, colour, ethnic or national origin, nationality, religion, creed, disability (support staff only), sexual orientation or age (excepting statutory limitations) or any other justifiable requirements. The procedure ensures that the emphasis rests with the aggrieved and that the procedure adopted is aimed at achieving a resolution rather than establishing innocence or guilt. The responsibility to resolve rests with the Supervisor or Manager.

In addition, the procedure may be invoked in cases of alleged sexual or racial harassment or any other conduct affecting the dignity of women and men at work in line with EC directives. The advice of the Force Equal Opportunities officer and your local Federation representatives should be sought for guidance and support throughout the process.

Before initiating the Grievance procedure the aggrieved should seek a solution with the Supervisor or the Line Manager in the first instance. If the initial attempt to resolve fails, the grievance procedure may commence. The procedure has three stages. The action at Stages 1 and 2 is similar. The Supervisor/Line Manager in liaison with the aggrieved determines what action they think will resolve the grievance. If the aggrieved is satisfied, this would normally be the end of the matter. If dissatisfied, the aggrieved may proceed to Stage 2, The Area Commander or Department Head. It is possible to move straight to Stages 2 or 3 if, for example, it is against the aggrieved’s immediate Supervisor/Line Manager. The objectives of Stage 3, Chief Officer level, are twofold. To enable the aggrieved to raise concerns with a Senior Manager who is unconnected with his/her place of work and to enable wider options for resolution to be tested.

Lastly, if the grievance remains unresolved, the aggrieved, if a police officer, may request an interview with the Chief Constable. Such an interview is not part of the Grievance Procedure and generally will not result in the overturning of an earlier resolution.