Recently, I have been involved in a case which led to a misconduct hearing. The Metropolitan Police (MPS) website has very useful and provides simple explanations around their purpose and also the mechanics of how they work, some of which are summarised below.
Police misconduct hearings are essential processes that address allegations of misconduct by officers, ensuring accountability and maintaining public trust in law enforcement.
What are misconduct hearings?
Police misconduct proceedings are formal disciplinary processes used to consider whether a police officer has breached the Standards of Professional Behaviour. Allegations can range from misconduct to gross misconduct (for more serious breaches), for example dishonesty, abuse of authority, discrimination or serious misuse of force. The hearings are a structured way to hold police accountable while also giving them a fair chance to respond to allegations made against them.
What is the purpose of public hearings?
Misconduct hearings provide an opportunity for the evidence to be set out and considered. The officer concerned is able to explain their actions and the circumstances of the allegation, and witnesses may also be asked to give evidence where that is necessary.
Where a hearing takes place in public, it is generally to support openness and transparency in the disciplinary system. It also helps demonstrate that alleged breaches of the Standards of Professional Behaviour are taken seriously and that officers may be held accountable where misconduct is proved.
The legally qualified chair may also give directions before or during the hearing, for example about witness attendance and how evidence will be dealt with. Any additional directions set in advance are usually recorded in the hearing notice.
For MPS misconduct hearing sessions, a limited number of observer seats may be made available. The MPS has indicated that this can include eight places for members of the public and four places for members of the press (subject to capacity and any conditions set by the chair).
Where do misconduct hearings take place?
For police misconduct hearings in the UK, the location depends on the rank of the officer and the force area. Hearings are usually held at the local police force headquarters or another designated police building within the force area, and are chaired by a Legally Qualified Chair (LQC) (independent of the force). They are normally held in public, unless there are specific reasons to exclude the public (e.g. sensitive information).
Who can attend?
Members of the public or the press can ask to attend a misconduct hearing, usually provided they are aged 18 or over. Places are limited, and requests are typically dealt with in the order they are received.
What are the different types of hearings and their outcomes?
Misconduct hearings
Misconduct hearings are for less serious breaches. The hearings are usually chaired by a senior officer (not an independent LQC) and are held in private.
The possible outcomes are a written warning, a final written warning or reflective practice/management action. Do note that an officer cannot be dismissed in a misconduct hearing.
Gross misconduct hearings
Gross misconduct hearings are for serious breaches that could justify dismissal. The hearings are usually chaired by an independent, legally qualified chair (LQC) and are usually held in public.
The possible outcomes are a final written warning, reduction in rank or dismissal without notice.
Accelerated misconduct hearings
Accelerated misconduct hearings are used when there is clear evidence of gross misconduct, often following a criminal conviction against a police officer. This is a fast-tracked process, which is also chaired by an LQC, and the hearings are usually held in public too.
These hearings are commonly used after a conviction for an offence such as assault or serious misconduct in office, etc.
Please note that if an officer has retired or resigned whilst under investigation, a hearing can still be held, and it can result in them being placed on the barred list, preventing future policing employment.
Contact our Specialist Actions Against Police Solicitors
If you have any concerns about a misconduct hearing that is taking place due to an officer’s actions against you, you are welcome to contact one of our Actions Against Police Solicitors to discuss it further on 020 8492 2290.
