The Government is considering proposals to open police misconduct hearings to the public. Presently the usual rule is that police misconduct hearings are held in private, pursuant to regulation 32 of the Police (Conduct) Regulations 2008.
Green & Stewart: guidance on misconduct “charges” and PAT appeals
Our cut off date for police-related legal developments on the UK Police Law Blog was 1 August 2012. This decision was handed down on 1 August 2012 (and it has been a quiet summer / early autumn since then).
In R (Chief Constable of the Derbyshire Constabulary) v Police Appeals Tribunal & Green & Stewart [2012] EWHC 2280 (Admin) it was established that:
- A Regulation 21 Notice should set out which of the Standards of Professional Behaviour the officer is alleged to have breached
- A misconduct panel can consider Standards other than those specified in the Regulation 21 Notice if appropriate procedural safeguards are put in place (eg. adjournments so that the officer can consider the new allegations)
- The PAT’s power under Rule 4(4)(a) of the PAT Rules 2008 is limited to a review of the misconduct panel’s findings. The PAT does not conduct a rehearing. While not strictly a Wednesbury review, the appellant must establish that the misconduct panel’s findings were “unreasonable”