Police Disciplinary Tribunal
| Website | http://www.ipcc.gov.uk |
| Tribunal rules |
Police Act 1996 The Police (Conduct) Regulations 2008 The Police (Performance) Regulations 2008 The Police Appeals Tribunals Rules 2008 |
| Code of Standards, etc | Standards of Professional Behaviour Power to issue guidance (S.87 Police Act 1996) |
| Grounds for disciplinary proceedings | Misconduct/Gross Misconduct; Breach of Standards of Professional Behaviour. Any offence in the Code of Conduct |
| Powers of administrative suspension? | Yes |
| Settlement/conciliation procedures available? | The Regulations set out a 3 stage meeting process each with a right of appeal leading to a written finding and “outcome” (which may involve a range of penalties including dismissal. Matter may proceed directly to 3rd stage. |
| Who investigates? | The investigating officer |
| Power of entry/search and seizure? | No, but failure to co-operate can amount to misconduct |
| Power to demand information? | As above |
| Pre-trial hearing? | No, save in exceptional circumstances |
| Discovery of documents? | Statements and exhibits obtained during the course of an investigation are served on the accused prior to the hearing |
| Pleadings? | No formal pleadings |
| Tribunal | Misconduct Panels from which Tribunal drawn at third stage meeting. Stages one and two conducted by line manager. Later stages drawn from panel of senior officers and members of human resources. |
| Address | Local |
| Legally qualified chairman? | No |
| Tribunal includes lay element? | No |
| Tribunal has legal assessor/clerk? | No clerk. |
| Evidence heard on oath? | No. Witnesses at third stage process are usually reminded of the importance of the need for telling the truth |
| Prosecution usually conducted in name of | Informal process; proceedings directed by the appointed chair of the third meeting process |
| Prosecution conducted by barrister | Usually an external solicitor or barrister on Appeals |
| Judicial rules of evidence apply? | The process is not bound by judicial rules of evidence |
| Standard of proof | The balance of probabilities |
| Maximum fine | No Fines but reduction in rank may have similar effect |
| Costs against prosecutor? | No |
| Power to order compensation? | No |
| Proceedings open to public? | No, but discretion to admit observers. |
| Reasons given for decisions? | Written |
| Published sentencing guidelines | No |
| Where are decisions reported? | Not reported |
| Alternative to full disciplinary proceedings? | Yes. See 3 Stage process. System designed to initiate informally at early stages although ther is a right to legal representation or attendance of a friend. |
| Ombudsman | No |
| Appellate tribunal | The Police Appeals Tribunals Rules |
| Is right of appeal limited? | Yes. Subject generally to grounds of unreasonableness or breach of procedure |
| Costs against prosecutor? | No |
| Right of appeal to prosecutor? | No, except by way of judicial review |
Categories: Examples of disciplinary codes