Misconduct Proceedings 4.1.6

Question 1

Misconduct meeting 4.1.6

Answer 1

Where maximum outcome would be final written warning

Question 2

Misconduct hearing 4.1.6

Answer 2

Gross misconduct or where misconduct AND live written warning already on file

Important that genuine outcome could be dismissal

Question 3

Timing 4.1.6.1

Answer 3

Meeting: 20 w/d

Hearing: 30 w/d

Since docs supplied to officer

Can be extended in interest of justice but should be exceptional

Question 4

Purpose 4.1.6.2

Answer 4

Officer given fair opportunity to make case and give mitigation

Decide if conduct below standard based on balance probability given circumstances

Consider what penalty if admitted or proven - again with reference to previous conduct and early admission

Question 5

Non-senior Officers - arrangements 4.1.6.3

Answer 5

Non-senior is defined as any of the rank less than Chief Supt. inclusive (this also includes ‘specials’)

Meeting heard by a police officer of one rank above the officer in question. (must be an officer of rank of Sergeant OR a staff member of grade equivalent to s Sgt for Special).

Hearing for non-senior officers will always have 3 persons and be chaired by a legally qualified person (from 1/1/16)

Question 6

Misconduct Hearing in Public 4.1.6.4

Answer 6

Where a hearing arose from and IOPC inv. and the IOPC determined the public interest should result in a public hearing, after appropriate consultation of the appropriate authority, officer concerned, complainant and any other witnesses, direct that part or all of the hearing would be held in public.

This is possibly equivalent to any hearing where possible dismissal from service is an outcome.

Question 7

Joint meeting/hearing 4.1.6.6

Answer 7

Where several officers involved in the same incident but who have differing levels of involvement and differing possible outcomes.

An officer may request a separate meeting/hearing but will need to demonstrate unfairness in being dealt with that way - person conducting meeting/hearing to decide

Question 8

Meeting/Hearing in absence of Officer concerned 4.1.6.6

Answer 8

In interest of fairness - meeting/hearing to be held as soon as possible. If officer concerned is ill or other valid reason, short delay may be possible. However, extended delay or unacceptable reasons, will not result in the meeting being postponed. The officer may be permitted to attend via livelink or telephone. Police Friend and where appropriate, legal rep. can attend in person.

If the officer is detained in prison, no requirement to delay or produce

Question 9

Conduct of meeting/hearing 4.1.6.7

Answer 9

Conducted with guiding principal of natural justice and fairness.

Can still consider other documents NOT previously submitted. short adjournment will probably need to be considered so that the affected party who has not seen the document to examine and assess.

Can draw inferences from silences

Question 10

Standard of proof

Answer 10

As per civil cases, balance of probabilities

Question 11

Outcome considerations

Answer 11

If found to have fallen below standards of professional behaviour. Take into account:

Previous ‘live’ written warnings
Aggravating and mitigating circumstances
Early Admissions
Representations by Officer/Friend/Legal Rep

Question 12

Possible outcomes - meetings 4.1.6.10

Answer 12

Management Advice
Written warning - live for 12 months (any further WW in the time frame likely to lead to Final WW.
Final Written Warning - live for 18 months (Can be extended once for further 18 months). Further FWW will almost certainly lead to dismissal

In all above - Officer advised, why and who issue and right of appeal

Question 13

Possible outcomes - meetings 4.1.6.10

Answer 13

Addition to the above:

Dismissal with notice (28 days minimum but at discretion of chair)
Dismissal without notice

Gross misconduct is only reason for dismissal

Question 14

Notification 4.1.6.11

Answer 14

In writing, as soon as practicable, but within 5 w/d from w/d following outcome
This will include the right to appeal, who and when.
Should the original case be a complaint, dealt with locally, the relevant authority will be responsible for notifying complainant, the IOPC, where this has been managed/investigated by them they will be responsible for speaking to the complainant.

Question 15

Expiry 4.1.6.12

Answer 15

Notification shall include expiry date
Will move from force to force if the officer moves before the expiry
Will NOT count towards ‘time-served’ to include the address of the suspect.

Question 16

Attendance of complainant/person concerned 4.1.6..13

Answer 16

Where as a result of complaint - the person concerned can attend, subject to approval by ‘chair’. They should able to remain up to and including finding. Discretion if a witness should remain if they so wish, after giving evidence.

Question 17

IOPC direction and Attendance 4.1.6.14

Answer 17

.May attend to give representations - they may have a relevant lawyer at a hearing.

Question 18

Right of appeal 4.1.7

Answer 18

All officers have this right, in writing, 7 working days, following the day after sanction.

Grounds:
Finding or action imposed unreasonable
Evidence that could not have reasonably be considered..
Breaches of Regulations or other unfairness…
that would MATERIALLY affect the outcome or decision

Question 19

Appeals following meeting - non-senior officers 4.1.7.1

Answer 19

Will be held by a person of rank higher than that who conducted meeting.
May have an adviser, concerning procedure
5 w/d after determination that grounds for appeal exist
Will have all documents.

Are they grounds, firstly.
If grounds, can have a meeting with the officer concerned - can be held in absence if not there.

Consider if not all evidence considered or new evidence come to light
Consider decision too severe or lenient
Unsafe due to procedural failings or other unfairness
(materially affect outcome?)

Can uphold or reverse a decision or reduce or increase an outcome to the maximum permitted for the meeting

Not a re-run of the meeting - just an examination of a specific part

Question 20

Appeals following meeting - senior officers 4.1.7.2

Answer 20

Right of appeal to the Police Tribunals board

Question 21

Fast track Cases (Special Cases) 4.1.8

Answer 21

There must be sufficient evidence, written statements or documents to prove Gross misconduct AND that dismissal of the officer is of sufficient public interest to need immediate dismissal of officer.

Must be held by Chief Constable (A/C in Met)

As per Hearings, may be public

No oral witness testimony

Can be held without the officer present - though entitled to have police friend and/or legal rep.

Question 22

Special Case process 4.1.8.1

Answer 22

If Relevant Authority deters that does not meet ‘Special Case’ status - referred back to the investigator

Special Case Certificate
Statement of officer, if any
and (subject to harm test)
Investigators report (if any)
Relevant statements or documents

Between 10 and 15 w/d from Certificate Date and other docs provided to the officer

Within 7 days:
Accept if conduct constituted GM
Accept if act constituted GM and any mitigation
Where disputed:
Allegations disputed or other version of events
Arguments or points of law

Also provide any documents relying on

Question 23

Outcome 4.1.8.2

Answer 23

Can be Dismissal or Written Warning
If the officer has a ‘live’ written warning, possible extension for further 18 months

If the person conducting the hearing determines not gross misconduct can dismiss the case or return it to a misconduct meeting/hearing.

Where a particular witness is disputed the appropriate authority may refer this back (reg 42) at any point back to a hearing so that the witness can be heard.

Previous ‘live’ written warnings
Aggravating and mitigating circumstances
Early Admissions
Representations by Officer/Friend/Legal Rep

Officer informed in writing by 5 w/d following the day after the conclusion of the hearing

Outcomes: Dismissal or return to the appropriate level