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Police Misconduct / Civil Rights
Attorneysand Agencies

Report Civil Rights Violations, Police misconduct, Civil rights attorneys misconduct, and police misconduct attorneys misconduct
here
List of other civil rights agencies to report civil rights violations to
Here
Click to see your State's list of Civil Rights, Police Misconduct Attorneys

(Alabama) (Alaska) (Arizona)(Arkansas) (California) (Colorado) (Connecticut) (Delaware) (Florida) (Georgia) (Hawaii) (Idaho) (Illinois) (Indiana) (Iowa) (Kansas)(Kentucky) (Louisiana) (Maine) (Maryland) (Massachusetts) (Michigan) (Minnesota) (Mississippi) (Missouri) (Montana) (Nebraska) (Nevada) (New Hampshire) (New Jersey) (New Mexico) (New York) (North Carolina) (North Dakota) (Ohio) (Oklahoma) (Oregon) (Pennsylvania) (Rhode Island) (South Carolina)(South Dakota) (Tennessee) (Texas) (Utah) (Vermont) (Virginia) (Washington) (West Virginia) (Wisconsin) (Wyoming)
Policing crimes breakdown: ​Annex E Summary of the Disciplinary system                      https://www.legislation.gov.uk/ukpga/2017/3/notes/division/13/index.htm#:~:text=Discipline%20Definitions,being%20sacked)%20would%20be%20justified.

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Regulated frameworkPolice officers, as holders of the office of constable in a police force, have certain protections in terms of their employment status, their discipline and how they can be dismissed from the force. As a result of this status, the police disciplinary system is regulated and set out in secondary legislation. The Home Office is responsible for the maintenance of the system and produces guidance which explains the extent and procedures related to the regulated discipline, performance and attendance systems for police1. Police staff who do not hold the office of constable are not included in the regulated police discipline system and are instead governed by local policy set within each police force.
The process for misconduct proceedings is set out in the Police (Conduct) Regulations 2012 (SI 2012/2632), which applies to all police officers and special constables. These regulations set out the process and steps that must be followed where an allegation comes to the attention of the Appropriate Authority which indicates that the conduct of a police officer may amount to misconduct or gross misconduct. This includes an allegation contained within a complaint or conduct matter referred to the IPCC in accordance with the 2002 Act.

Appropriate Authority DefinitionsFor chief officersThe elected local PCC (or MOPAC for the Metropolitan Police, and the Common Council for the City of London police)
All other police officers

The chief officer (chief constable or commissioner) of the police force where the officer is serving.
The Appropriate Authority power is often delegated to a less senior rank in practice, for example to the head of the Professional Standards Department within the force.
​

Assessment of conductWhen an allegation that an officer may have breached the standards of professional behaviour comes to light, the Appropriate Authority will make an assessment of its severity. This assessment determines the seriousness of the alleged breach and therefore the course of proceedings that should be followed.
Discipline DefinitionsMisconductA breach of professional standards
Gross misconductA breach of professional standards so serious that dismissal (being sacked) would be justified.
Professional standardsThe standards of professional behaviour1 are set out in Schedule 2 to the Police (Conduct) Regulations 2012.The severity assessment and whether to commence formal disciplinary proceedings can either be triggered by an internal allegation about an officer’s conduct; following an investigation into a death or serious injury following contact with the police; or from a public complaint2.
InvestigationAll matters assessed as gross misconduct matters are investigated. The chief officer will normally determine whether a misconduct matter warrants investigation. The IPCC sets out cases that must be referred to it for a mode of investigation decision; these include all death or serious injury cases and cases involving, serious assault, serious sexual offences, serious corruption, behaviour aggravated by discriminatory behaviour and any relevant offences. (For these purposes, a relevant offence is any offence for which the sentence is fixed by law or for which a person of 18 years and over (not previously convicted) may be sentenced to imprisonment for seven years or more.)
Under existing regulations, once an allegation comes to the attention of the Appropriate Authority whilst an investigation or disciplinary proceedings are being undertaken, an officer is prevented from resigning or retiring from the force, until the matter has been concluded. This provision was introduced in 2014 to prevent officers from leaving the force in order to evade disciplinary outcomes.
At the conclusion of an investigation, the Appropriate Authority must make a decision as to whether there is a "case to answer" in respect of misconduct or gross misconduct and therefore whether to refer the matter to the misconduct proceedings.
Where an investigation has been conducted by the IPCC, they can recommend to the Appropriate Authority whether in their view there is a case to answer. Where the Appropriate Authority disagrees with the IPCC recommendation, it can respond and make further representations, however if the IPCC remains of the view that there is a case to answer for (gross) misconduct, it can direct the force to instigate misconduct proceedings.
Misconduct proceedingsMisconduct proceedings follow an investigation; any criminal proceedings are concluded separately. The presumption is that action for misconduct should be taken prior to, or in parallel with, any criminal proceedings, but if necessary action can be delayed until criminal proceedings are complete.
There are two types of misconduct proceedings:
  • Misconduct meetings, for cases where there is a case to answer in respect of misconduct.
  • Misconduct hearings, for cases where there is a case to answer in respect of gross misconduct or where the police officer has a live final written warning and there is a case to answer in respect of a further act of misconduct. These hearings are held in public.
    Misconduct Hearing CompositionSenior officersLegally qualified chair, HMI, Independent member
    Non-senior officersLegally qualified chair, Member of the force (Superintendent or above or HR equivalent), Independent member from a list provided by the PCC.Disciplinary outcomesAt a misconduct meeting the outcomes are:
  • Misconduct not found;
  • No further action;
  • Management advice;
  • Written warning;
  • Final written warning.
At a misconduct hearing, the following additional outcomes are also available:
  • Dismissal with notice;
  • Dismissal without notice.
If an officer is dismissed, the details of individual and the case are collected by the College of Policing on the Disapproved Register, which is a list which records details of all officers who have been dismissed in order to prevent them from re-entering the police service.
Staff association/legal representationPolice officers have a right to representation by a police friend at misconduct meetings; in addition they have a right to legal representation at misconduct hearings and Police (Discipline) Appeals Tribunals ("PATs").
Appeal mechanismThere is a statutory appeal mechanism to a PAT against either the finding or outcome of a misconduct hearing on the basis that the finding or action was unreasonable, that there is new evidence or that there was a breach of procedure. Appeals arising from misconduct meetings are heard internally.
The composition of a PAT is as follows:
PAT CompositionSenior officersLegally-qualified chair, HMI, Home Office Permanent Secretary, Director General or Director.
Non-senior officersLegally-qualified chair, Serving senior officer, Retired police officer.A PAT can dismiss the appeal, remit the matter to be determined at a fresh hearing, or reinstate the officer.
1The relevant Home Office guidance can be accessed: https://www.gov.uk/government/publications/circular-0212015-changes-to-home-office-guidance-on-police-misconduct-unsatisfactory-performance-and-attendance-management-procedures
1As the professional body for policing in England and Wales, the College of Policing is responsible for setting standards of policing practice and for identifying, developing and promoting ethics, values and integrity. The Code of Ethics, issued by the College of Policing, sets out in detail the principles and expected behaviours that underpin the standards of professional behaviour for everyone working in the policing profession in England and Wales.
2Where a public complaint amounts to an allegation against the conduct of an officer, the complaint becomes subject to ‘special requirements’, to ensure it is handled in a manner consistent with the conduct regulations.



Civil  Rights Violations Breakdown: 18 U.S. Code CHAPTER 13—CIVIL RIGHTShttps://www.law.cornell.edu/uscode/text/18/part-I/chapter-13​
  1. § 241. Conspiracy against rights
  2. § 242. Deprivation of rights under color of law
  3. § 243. Exclusion of jurors on account of race or color
  4. § 244. Discrimination against person wearing uniform of armed forces
  5. § 245. Federally protected activities
  6. § 246. Deprivation of relief benefits
  7. § 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs
  8. § 248. Freedom of access to clinic entrances
  9. § 249. Hate crime acts
​Civil Rights Agencies:



​
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