2 S.I.
2004/645: defective drafting
Police (Conduct) Regulations 2004 (S.I. 2004/645)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted.
2.2 These Regulations, which came into force on 1
April 2004, apply where a complaint is received on or after that
date in respect of conduct by a member of a police force or in
respect of conduct by a special constable which occurs or commences
on or after that date. Regulation 9 requires the investigating
officer to give a written notice to the officer concerned. The
notice must include a statement that the officer is not obliged
to say anything concerning the matter subject to investigation,
but that it may harm his defence if he does not mention when questioned
or when providing a written response something which he later
relies on in any subsequent proceedings under the Regulations.
2.3 Regulation 27 deals with the procedure at a hearing
and provides, in paragraph (5), that the tribunal or officers
conducting the hearing may draw such inferences as appear proper
from the failure of the officer, at any time after he was given
written notice under regulation 9, to have mentioned any fact
relied on in his defence at the hearing which he could reasonably
have been expected to mention when questioned or when making a
written statement. Paragraph (6) states that paragraph (5) does
not apply in relation to a failure to mention a fact if the failure
occurred before regulation 27 was brought into force. However,
as regulations 9 and 27 came into force on the same date, and
a failure to mention a fact is only material if it occurred after
notice was given under regulation 9, such a failure could not
occur before regulation 27 came into force.
2.4 In a memorandum printed at Appendix 2, the Home
Office agrees that paragraph (6) is superfluous and could not
apply in any circumstances, and undertakes to correct the regulation
at the next suitable opportunity. The Committee accordingly
reports regulation 27 for defective drafting, acknowledged by
the Department.
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