(B) Conditions Of Service

Discipline Code:

Any member of the Hertford County Constabulary commits an offence against discipline if he is guilty of:

I). Discreditable Conduct,

that is to say, if he acts in a disorderly manner or any manner prejudicial to discipline or likely to bring discredit on the reputation of the force or of the Police Service.

II)Insubordinate or oppressive conduct,

that is to say, if he:

1. is insubordinate by word, act, or demeanour, or
2. is guilty of oppressive or tyrannical conduct towards an inferior in rank, or
3. uses obscene, abusive or insulting language to any other member of the force, or
4. wilfully or negligently makes any false complaint or statement against any member of the force, or
5. assaults any other member of the force, or
6. overholds any complaint or report against any member of the force.

III). Disobedience to Orders,

that is to say, if he disobeys, or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise.

IV). Neglect of Duty,

that is to say, if he:

1. neglects, or without good and sufficient cause omits, promptly and diligently to attend to or carry cut anything which is his duty as a constable, or
2. idles or gossips while on duty, or
3. fails to work his beat in accordance with orders, or leaves his beat, point or other place of duty to which he has been ordered, without due permission or sufficient cause, or
4. by carelessness or neglect permits a prisoner to escape, or
5. fails, when knowing where any offender is to be found, to report the same, or to make due exertions for making him amenable to justice, or
6. fails to report any matter which it is his duty to report, or
7. fails to report anything which he knows concerning a criminal charge, or fails to disclose any evidence which he, or any person within his knowledge, can give for or against any prisoner or defendant to a criminal charge, or
8. omits to make any necessary entry in any official document or book.

V). Falsehood or Prevarication,

that is to say, if he:

1. knowingly makes or signs any false statement in any official document or book, or
2. wilfully or negligently makes any false, misleading, or inaccurate statement, or
3. without good and sufficient cause destroys or mutilates any official document or record or alters or erases any entry therein.

VI). Breach of Confidence,

that is to say, if he:

1. divulges any matter which it is his duty to keep secret, or
2. gives notice, directly or indirectly, to any person against whom any warrant or summons has been or is about to be issued, except in the lawful execution of such warrant or service of such summons, or
3. without proper authority communicates to the public press, or to any unauthorised person, any matter connected with the force, or
4. without proper authority shows to any person outside the force any book or written or printed document the property of the Police Authority, or
5. makes any anonymous communication to the Police Authority or the Chief Constable or any superior officer, or
6. canvasses any member of the Police Authority with regard to any matter concerning the force, or
7. signs or circulates any petition or statement with regard to any matter concerning the force, except through the proper channel of correspondence to the Chief Constable or the Police Authority, or in accordance with the constitution of the Police Federation, or
8. calls or attends any unauthorised, meeting to discuss any matter concerning the force.

VII). Corrupt Practice,

that is to say, if he:

1. receives any bribe, or
2. fails to account for or make a prompt and true return of any money on property received by him in his official capacity, or
3. directly or indirectly solicits or receives any gratuity, present, subscription or testimonial, without the consent of the Chief Constable or the Police Authority, or
4. placed himself under pecuniary obligation to any publican, beer-retailer, spirit-grocer, or any person who holds a licence concerning the granting or renewal of which the Police may have to report or give evidence, or
5. improperly uses his character and position as a member of the Force for his private advantage, or
6. in his capacity as a member of the Force, writes, signs or gives without the sanction of the Chief Constable any testimonial of character or other recommendation with the object of obtaining employment for any person or of supporting an application for the grant of a licence of any kind, or
7. without the sanction of the Chief Constable supports an application for the grant of a licence of any kind.

VIII). Unlawful or unnecessary exercise of authority,

that is to say, if he:

1. without good and sufficient cause makes any unlawful or unnecessary arrest, or
2. uses any unnecessary violence to any prisoner or other person with whom he may be brought into contact in the execution of his duty, or
3. is uncivil to any member of the public.

IX). Malingering,

that is to say, if he feigns or exaggerates any sickness or injury pith a view to evading duty.

X). Absence without leave or being late for duty,

that is to say, if he without reasonable excuse is absent without leave from, or is late for, parade, Court, or any ether duty.

XI). Uncleanliness,

that, is to say, if he while on duty is improperly dressed or is dirty or untidy in his person, clothing, or accoutrements.

XII). Damage to clothing or other articles supplied,

that is to say, if he:

1. wilfully or by carelessness causes any waste, loss or damage to any article of clothing or accoutrement, or to any book, document or other property of the Police Authority, served out to him or used by him or entrusted to his care, or
2. fails to report any loss or damage as above, however caused.

XIII). Drunkenness,

that is to say, if he, while on or off duty, is unfit for duty through drink.

XIV). Drinking on duty or soliciting drink,

that is to say, if he:

1. without the consent of his superior officer, drinks, or receives from any other person, any intoxicating liquor while he is on duty, or
2. demands, or endeavours to persuade any other person to give him or to purchase or obtain for him, any intoxicating liquor while he is on duty.

XV). Entering licensed premises, etc, while on duty,

that is to say, if he enters, while on duty, any premises licensed under the Liquor Licensing laws, or any other premises where liquors are stored or distributed, when his presence there is not required in the execution of his duty.

XVI). If he lends money

to any superior or borrows from or accepts any present from any inferior in rank.

XVII). Any member

of the police force also commits an offence against discipline and shall be liable to punishment as provided in those Regulations, if he is guilty of an offence which is punishable on conviction, whether summarily or on indictment.

4). Every member of the force

against whom a report of complaint suggesting the commission of an offence against discipline is made shall, as soon as possible, be informed in writing of the exact charge against him.

5). The written charge must disclose

an offence against discipline as defined in the Code of Offences against Discipline of the force, with such details of time and place as will leave the accused under no misapprehension as to the offence with which he is charged.

6). The written charge which shall be entered

on a form provided far the purpose (hereinafter referred to as the Misconduct Form) together with the report or complaint on which the charge is founded, and all reports thereon (whether confidential or otherwise) or copies thereof, shall be handed or sent as soon as practicable to the accused, who shall initial them to show that he has seen them. He shall either be allowed to retain for purposes of his defence the copies of the reports which are to be handed to him or shall be given a reasonable opportunity to make copies of the reports for that purpose.

7). The accused shall be directed to state

in writing upon the Misconduct Form whether he admits or denies the charge and shall be allowed to give any explanation which he may wish to offer in writing. He shall also be allowed to state whether he desires to offer his explanation personally to the Chief Constable and shall, if he desires it, be given an opportunity of so doing.

8). The accused shall also be allowed

to state the names of any witnesses to material facts whom he desires to be present when the charge is heard. Any such witnesses who are members of the Police Force shall be ordered to attend; and any witnesses who are not members of the Force shall be given due notice that their attendance is desired and of the place and time of the hearing.

9). If the accused denies the charge,

he shall, unless the Chief Constable is satisfied with the explanation he has offered, be ordered to appear before the Chief Constable and shall have an opportunity of hearing the evidence against him and of cross-examining the witnesses and of calling witnesses in his defence. If he so desires, he shall be allowed to have another serving member of the force selected by himself to assist him in presenting his case.

10). The decision of the Chief Constable

shall be written upon the Misconduct Form and at once notified to the accused, who shall write on the Misconduct Form his acknowledgement of his having read the decision.

11). An offence against discipline may be punished by:

a) dismissal,                                                                                                                                                                                          b) being required to resign (as an alternative to dismissal),                                                                                                      c) reduction in rank,                                                                                                                                                                            d) reduction in rate of pay,                                                                                                                                                              e) forfeiture of merit or good conduct badges (except such as having been granted for an act of courage or bravery), d) fine,                                                                                                                                                                                                    e) reprimand,                                                                                                                                                                                      f) caution,

Every punishment, except a caution, shall be entered on the man’s conduct sheet. A caution shall not be so entered.

12). A reduction in pay,

without reduction in rank, shall be limited to a definite period, which shall be stated in the order by which the punishment is inflicted and shall not exceed 12 months, and at the end of the stated period the man shall be advanced to the rate of pay to which he would have been entitled but for the punishment awarded him, unless the period of reduction has in the meantime been extended by way of punishment for a further offence against discipline. This regulation shall apply to any reduction of pay awarded by way of punishment for an offence before the date of these Regulations.

13). The infliction of a fine

shall not cause any advance in pay (except the increment in the Scale of Pay for a constable which is dependent on completion of the probationary period, or any additional or any special increment which is subject to good conduct as provided in the Regulations relating to Pay) to be retarded or withhold.

14). The amount of a fine

imposed by way of punishment for any one offence shall not exceed one week’s pay and shall be recovered by stoppage of pay, in amounts not exceeding one day’s pay in any week, except in the event of a man leaving the force when the whole amount of any fine then unpaid may be deducted from any pay then due.

15). There shall he kept in

the Office of the Chief Constable a Disciplinary Report Book in which he shall cause to be entered, directly it comes to his knowledge, every report or complaint alleging the commission of any offence against discipline by any member of his force (other than an anonymous allegation unsupported by evidence) together with the result of his inquiry and any disciplinary action taken in consequence.

16). There shall be kept in

the Headquarters Office of each Division a Divisional Disciplinary Report Book in which the Superintendent or other Officer in charge of the Division shall enter, directly it comes to his knowledge, every report or complaint alleging the commission of any offence against discipline by any member of his Division (other than an anonymous allegation unsupported by evidence) together with particulars of any action taken and, in particular, whether he has dealt with the matter by warning or has reported it to the Chief Constable.