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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

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

 

Examples of Disciplinary Codes »