Member Services
DISCIPLINE (DEFENCE) CO-ORDINATOR
Duncan’s main role is to ensure members facing disciplinary procedures are properly supported. This important position includes:
- Providing first point of reference for officers facing disciplinary charges.
- Acting as ‘Friend’ in disciplinary cases.
- Liasing with legal representatives and Treasurer PFNI as necessary.
- Providing guidance and advice to other officers acting as ‘Friend’.
- Assisting with training of ‘Friends’.
- Liasing with Federation Representatives regarding welfare matters, particularly for suspended members.
- Keeping abreast of changes in legislation affecting Discipline and advising the PFNI as required.
As this role has progressed since he was appointed in August 2000 he is also involved in giving advice and assistance in the following areas:
- PSNI (Conduct) Regulations 2000
- PSNI (Unsatisfactory Performance) Regulations 2000
- PSNI (Complaints etc) Regulations 2000 & 2001
- Police Trainee Regulations (Northern Ireland) 2001
- Probationer Dismissal procedures
- PSNI Grievance procedures
- PSNI Service Confidence procedures
Duncan is also a Police Federation representative and serves on the Central Committee and Complaints, Legislation & Discipline Sub-Committee.
Should you require assistance please contact:
Sergeant Duncan Burnett,
Discipline (Defence) Co-ordinator,
PSNI Garnerville (Federation Office),
Garnerville Road,
BELFAST, BT4 2NX.
Telephone: 02890 – 764200 (Office)
07799 – 866816 (Mobile)
In essence the role of the Discipline (Defence) Co-ordinator is to assist with the provision of quality advice, regarding misconduct matters, and aid the preparation of an adequate defence, either through a trained ‘friend’ or legal advisor, if appropriate.
Moving onto the role of a ‘Friend,’ as follows:
Under the Police Service of Northern Ireland (Conduct) Regulations 2000, an Investigating Officer shall cause the member concerned to be given written notice…
"informing him that he has the right to be accompanied by a member of a police force selected by him, who shall not be an interested party, to any meeting, interview or hearing." (Regulation 9 refers)
Upon receipt of this notice, which may indicate an internal police investigation (Regulation 9) or a Police Ombudsman investigation (Form OMB3), the member concerned may look for advice or assistance. This is where an experienced or ‘trained friend’ may provide invaluable support. As stated in NIO Guidance:
"…A member has the right to consult a "Friend" at all stages of the investigation…"
(Northern Ireland Office Guidance on Police Unsatisfactory Performance, Complaints and Misconduct Procedures - paragraph 2.96 refers)
The main role of this supporting member (‘friend’) is to give advice at an early stage in the investigation and attend conduct only interviews (not involving criminal allegations – a solicitor may be more appropriate in these cases). A small number of cases may also arise under the old disciplinary regulations, the role of the ‘friend’ being the same.
The vast majority of cases will be settled at this early stage. However a proportion of investigations will uncover evidence of misconduct which may result in a disciplinary panel being convened. Whether or not the member is to be legally represented (reserved for more serious cases) the ‘friend has an important role to play.
"The role of the ‘friend’ and/or legal representative will be to advise and assist the member concerned, including speaking on the officer’s behalf, calling and/or questioning witnesses, and/or producing witness statements, other documentation or exhibits to assist the officer’s case. Both the ‘friend’ and the member concerned should be given adequate duty time to prepare for the hearing (at which the ‘friend’ may wear civilian clothes)." (Paragraph 3.55 of the Northern Ireland Office Guidance on Police Unsatisfactory Performance, Complaints and Misconduct Procedures refers)
One of the most concise definitions of a misconduct ‘friend’ is outlined below for the information of ‘friends’ and members requiring assistance:
"The duty of a member of a police force who is representing an accused officer is straight forward. He must ensure that the investigation has been conducted in conformity with the regulations and that the accused has been given the benefits of the various safeguards against unfair treatment, such as being informed of the complaint as soon as possible and being supplied with complete details of the charge and evidence. Then he must help the accused to prepare his defence, and he shares a common responsibility with the accused to present a truthful case." (Police Federation of England & Wales – Handbook on Police Discipline 1979)
