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In English jurisprudence, it is indeed possible for a police officer who is charged with a criminal offence and is on suspension to be concurrently charged with an internal disciplinary offence while the criminal charge is pending. This is supported by the principle that criminal proceedings and disciplinary proceedings are distinct processes with different standards, purposes, and outcomes.
Distinct Nature of Proceedings: Criminal proceedings aim to determine whether an individual has violated criminal law, resulting in possible sanctions such as fines, imprisonment, or community service. Disciplinary proceedings, on the other hand, are designed to address breaches of professional conduct and organizational policies. The goal is to maintain the integrity, efficiency, and discipline within the police force. Therefore, these two processes can run concurrently without necessarily prejudicing one another.
Standard of Proof: The standard of proof in criminal cases is "beyond a reasonable doubt," which is a higher threshold compared to disciplinary proceedings that generally operate on the "balance of probabilities." This means that even if the evidence in a criminal case is insufficient to secure a conviction, it may still be sufficient to prove a breach of professional standards in a disciplinary context.
Regulatory Framework: The Police (Conduct) Regulations 2020, applicable in England and Wales, outlines the procedures for handling misconduct within the police force. These regulations provide that disciplinary action can proceed regardless of whether criminal proceedings are ongoing. The regulations ensure that the police force can address internal misconduct swiftly to uphold public confidence and maintain operational effectiveness.
Operational Considerations: From a practical perspective, it is often essential to address alleged misconduct promptly to prevent further erosion of trust within the force and among the public. This proactive approach helps to reinforce standards of behavior and accountability. However, care must be taken to ensure that the disciplinary process does not interfere with the fairness of the criminal trial.
In summary, while a police officer facing criminal charges is on suspension, the police force can simultaneously initiate disciplinary proceedings to address any breaches of conduct. This dual-track approach ensures that the police force can maintain discipline and accountability while allowing the criminal justice process to take its course.
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