UK Offence Report

SCHEDULE 2

SCHEDULE 2 of The Police (Conduct) Regulations 2004

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 In this paragraph an “imprisonable offence” means an offence which is punishable with imprisonment in the case of

a person aged

21 or over.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach SCHEDULE 2?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Police (Conduct) Regulations 2004.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Police (Conduct) Regulations 2008
Revoked on
1 December 2008
Made
8 March 2004
In force from
1 April 2004
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision, under sections 50 and 51 of the Police Act 1996 and section 81 of the Police Act 1997, with respect to the conduct of members of police forces and special constables and the maintenance of discipline and establish procedures for cases in which police officers may be dealt with by dismissal, requirement to resign, reduction in rank, fine, reprimand or caution. The Regulations revoke the Police (Conduct) Regulations 1999 and the Police (Conduct) (Senior Officers) Regulations 1999, and replace them with a single set of provisions. In certain respects the procedures which apply to senior officers (those of or above the rank of assistant chief constable or commander) continue to differ from those which apply to other officers. For these purposes, special constables are treated as if they are not senior officers, regardless of the actual rank or grade they have. Regulation 5 enables an appropriate authority (as defined in regulation 3) to suspend an officer in respect of whose conduct a report, complaint or allegation has indicated failure to meet the appropriate standard. Regulation 7 provides for the appointment of a supervising officer (in the case of officers other than senior officers only) and regulation 8 provides for the appointment of an investigating officer whose report may lead to a hearing. Regulations 9 to 22 deal with the preliminary stages prior to a hearing and regulations 23 to 32 with representation, procedure and attendance at the hearing. Regulation 33 allows (and in certain cases requires) a hearing to be remitted to another presiding officer (in the case of officers other than senior officers only). Regulation 34 requires a record to be kept and regulations 35 and 36 deal with the imposition of sanctions. Regulations 37 to 43 deal with the procedure following a hearing, including, in the case of officers other than senior officers, review at the request of the officer concerned by the chief officer of his force or another senior officer. Regulation 44 requires a record book to be kept recording proceedings under the Regulations. Schedule 1 sets out the Code of Conduct which represents the appropriate standard for officers, and regulation 45 and Schedule 2 provide for the Regulations to be modified in the case of special cases of serious conduct of a criminal nature.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source