Police appeals tribunal

Last updated
Police Appeals Tribunal
Coat of arms of the United Kingdom (2022, lesser arms).svg
Royal coat of arms of the United Kingdom as used in England and Wales
Established1996
Jurisdiction United Kingdom
Composition method Home Office tribunal
Authorised by
Appeals to
Appeals from Police misconduct hearings
Website www.gov.uk/government/organisations/police-discipline-appeals-tribunal

In the United Kingdom, a police appeals tribunal, also known as a police (discipline) appeals tribunal, hears appeals from police officer misconduct hearings.

Contents

The system of tribunals in England was established by section 85 and schedule 6 of the Police Act 1996, and later reformed by the Police Reform and Social Responsibility Act 2011. [1] In Scotland, it was established under the Police and Fire Reform (Scotland) Act 2012.

Proceedings

Hearings are facilitated and administered by the local police and crime commissioner (or equivalent body). [2] Proceedings in England are regulated by the Police Appeals Tribunals Rules 2020 (SI 2020/1), [3] and in Scotland by the Police Appeals Tribunals (Scotland) Rules 2013 (SSI 2013/63). [4]

Unless the tribunal chair elects to hold the hearing in private, members of the public are able to attend PAT proceedings. [5]

Grounds for appeal

There are three possible grounds for appeal to a PAT:

  1. The finding or action imposed was unreasonable
  2. New evidence makes the findings incorrect or unreasonable
  3. The misconduct hearing was unfair or did not follow the correct procedures

Further avenues for appeal

Decisions of a PAT may be appealed to the High Court of Justice (or the Court of Session in Scotland), by way of judicial review. [6] [7]

Representation

Legal representation is not compulsory, and it is not uncommon for parties to represent themselves or use a friend. [8]

Tribunal members

The three members of a tribunal will be: [9]

When the appellant is a senior officer, HM Chief Inspector of Constabulary and Fire and Rescue Services or an Inspector nominated by them will replace the senior officer on the panel, and the Permanent Secretary to the Home Office or another senior Home Office officer nominated by them will replace the lay member. [10]

Criticism

In February 2024, Mark Rowley (the Metropolitan Police Commissioner) criticised the decision of a police appeals tribunal to overturn the 2021 dismissal of detective sergeant Neil Buckmaster, arguing that 'the final say on who works in [police forces] should lie with chief constables. [11]

See also

References

  1. ↑ "Triennial Review of the Police (Discipline) Appeals Tribunal". August 2014.
  2. ↑ "Police Appeals Tribunals". www.southwalescommissioner.org.uk. Retrieved 2024-02-28.
  3. ↑ "Police Appeal Tribunal Rules 2020". 28 February 2024.
  4. ↑ "Police Appeal Tribunal Rules (2013)". 28 February 2024.
  5. ↑ "Misconduct Hearings and Police Appeals Tribunals (PATs)". West Yorkshire Combined Authority. Retrieved 2024-02-28.
  6. ↑ Heather Williams J (26 July 2022). "Met Commissioner v Police Appeals Tribunal" (PDF).
  7. ↑ "WILLIAM RAE CHIEF CONSTABLE OF STRATHCLYDE POLICE v. STRATHCLYDE JOINT POLICE BOARD+THE POLICE APPEALS TRIBUNAL+STEVEN ANDERSON WRIGHT FOR JUDICIAL REVIEW". www.scotcourts.gov.uk. Retrieved 2024-02-28.
  8. ↑ "Police Disciplinary Tribunals Defence Barrister | Police Disciplinary Lawyer". kccrimelawyer.com. Retrieved 2024-02-28.
  9. ↑ "Police Appeal Tribunals - Essex Police and Crime Commissioner". Essex Police, Fire & Crime Commissioner. Retrieved 2024-02-28.
  10. ↑ "Police misconduct appeals | London City Hall". www.london.gov.uk. Retrieved 2024-02-28.
  11. ↑ Dodd, Vikram (2024-02-26). "Met detective sacked for racism has been reinstated and sent on leadership course". The Guardian. ISSN   0261-3077 . Retrieved 2024-02-28.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.