Disciplinary Procedures 2024

2.0 Complaints

Any member of the public or officer may make a complaint about the actions of the police service as a whole or members of it. The primary way a complaint should be made is by filling in a complaint form which can be found at the front desk or Mission Row Police Station.  This form will then be communicated to all officers who hold the rank of Inspector+ who will be able to review it and if it concerns a specific officer then that officer command team will make an initial assessment and decide how the complaint should be dealt with. There are 5 possible ways a complaint can be dealt with:

1. No Further Action;

2. Reflective Practice Process;

3. Unsatisfactory Performance Process;

4. Misconduct Investigation;

5. Criminal Investigation.

At any point during the investigation into a complaint/ allegation, it becomes clear to the officer dealing that it is not the correct process to deal with the complaint/allegation then they may change its type however if this occurs then the officer under investigation must be aware that this has occurred and the reasons why

3.0 No Further Action 

No further action should only be taken before an investigation if it is clear there is no merit to the complaint, or the allegation even if proven does not constitute a breach of policy, misconduct or a criminal offence.

 If there is an investigation then no further action should be taken if:

1. There is no proof that the officer in question committed any wrongdoing;

2. it cannot be proved on the balance of probabilities that an officer committed any wrongdoing.

4.0  Reflective Practice Process

The reflective practice process should be used for underperforming officers who have not committed misconduct or breached the code of ethics and there is an opportunity for them to learn from this. If this pathway is chosen then the officer concerned should have a meeting with their supervisor/s so they can talk through the complaint/ allegation looking at what needs to be improved and how this improvement can take place.

5.0 Unsatisfactory Performance Process 

The unsatisfactory performance process should be used if:

1. The Reflective Practice process has not led to improvements from the officers;

2. The officer is falling below the required standard in multiple areas of policing;

3. The officer is in a trial/ probationary position and is not meeting the required standard;

There are 3 Stages to the unsatisfactory performance process:

 Stage 1

At the first stage of the process the officer concerned should have a meeting with their supervisor who should explain that the officer's performance is below standard and set out which area/s needs improvement and why. This/These area/s should be specific and tangible. The officer and supervisor should discuss what the officer needs to do to get up to the required standard and a date set when the supervisor will review the progress of the officer. This time frame must be reasonable and all the above information must be given to the officer in writing. 

ie., if an officer is lacking with their report writing then they may have to submit evidence of reports they have been writing to their supervisors or if their decision making/ use of force is in question then they might be instructed to double crew with an experienced officer before having to do an assessed patrol with a supervisor to make sure they have developed. 

If on the review date, the officer has not shown sufficient improvement this process should move onto the second stage of this process. 

Stage 2

At stage 2 a meeting should take place between an officer and their supervisor it should be explained that their performance is still below standard and that if they do not improve it may lead to further action being taken such as:

• Reduction in Rank;

• Failing Probation/ Trail;

• Removal of Training Ticket;

• Removal from department;

• Dismissal.

A revised plan should be made to address the issue and a new review date set. once again this new plan must be given to the officer in writing highlighting the performance that is below standard, what the officer needs to do/show, the review date, and the potential consequences if their performance doesn't improve. 

If there is still no improvement by the review date then the matter should move on to the third stage. 

Stage 3

Is used when Stage 2 has not resulted in the required improvement or in cases of gross incompetence. At stage 3 officers should be informed that their performance is seriously lacking at this time and that if they do not improve by the next review date the consequences for this. A final review date should then be set and all the information passed to the officer in writing. 

If the officers' performance does not improve then the consequences should be enacted. 

6.0 Misconduct/ Criminal Conduct

if a complaint/ allegation is deemed to amount to misconduct/ Gross misconduct or criminal conduct it must be investigated. The first part of this investigation is to decide who will be investigating the officer. The investigator must be at least one rank higher than the officer under investigation unless the officer holds the rank of Chief Superintendent in which case at least 2 Superintendents may investigate them.

 Once this has been completed then the officer must be given a written notice informing them that they are under investigation, what the allegation is and why it has been judged to amount to misconduct. The officer must also be informed that they are entitled to have another officer and/or a solicitor present at any interviews or meetings in relation to the allegation.

 Restricted duties and Revocation of Training

If the investigator has a reasonable belief that it is appropriate to remove training tickets or place an officer on restricted duties for the duration of the investigation then they may do so but must be able to justify this and, the officer must be informed of the revocation, the reasons as to why and how they may appeal it. 

Suspension

An officer may be suspended while an investigation takes place however this should only be done in extreme circumstances where it has been seen that other alternatives such as restricted duties are not appropriate.  If the investigator believes this is appropriate they must request authorisation to do so from an officer who holds the rank of Chief Inspector+   The officer must be informed of the suspension, the reasons as to why and how they can appeal.

Interviews

During the course of an investigation it may be that an investigating officer needs to interview the accused officer. If this is the case then both parties should try to arrange a mutually beneficial time for this to happen and then a letter should be sent to the accused with the details.

If both parties are unable to agree on a time and date then the investigating officer may serve an interview letter on the accused. 

If an officer is requested to attend a misconduct interview they must do so and failing to do so will be considered a breach of the codes of professional behaviour, if it is not possible for an officer to attend then they must inform the investigating officer no less than 24 hours before the event and suggest an alternative time which must fall within 7 days of the original date.

Before the interview, the investigating officer must provide the accused with any information the investigator considers appropriate for them to prepare for the interview.

A police friend may not answer questions on behalf of the accused officer. 

Misconduct Conclusion

Once the investigator is satisfied that the investigation is complete they must then decide on the outcome:

1. No Further Action;

2. Verbal Warning;

3. Re-training;

4. Warning Points;

5. Removal of Training;

6. Criminal Charges

7. Dismissal.

7.0 Appeal Process

Any officer who has been subjected to ANY processes detailed here may appeal them, If they wish to do this they must do so within 7 days. The appeal process is as follows

1. Division Command (CI)

2. Police Command (Supt+)

8.0 Sending of Letters, notices and Documents

Any documentation, letters or notices must be served on an officer in one of the following ways:

1. Handed to the officer in person/ Airdropped to them;

2. Sent to the officer's phone number Via text along with an accompanying Discord message. 

9.0 Transparency Policy

The LSPS should be transparent in the way it deals with disciplinary matters and as such FOI requests in relation to misconduct outcomes or complaint outcomes should be honoured.