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Guidance
Ministry of Defence Police: misconduct hearings
Find out about misconduct hearings involving Ministry of Defence Police (MDP) officers and how to attend these public hearings.
Misconduct hearings
To increase openness and transparency in the MDP (and the police service in general), misconduct hearings, special case hearings and police appeals tribunals, involving Police Officers, are held in public.
Misconduct hearings deal with allegations of gross misconduct committed by MDP officers on or off duty. Gross misconduct is defined as ‘a breach of the police standards of professional behaviour (PSPB)’ which is so serious that, if proven, dismissal would be justified’. Misconduct hearings form part of the disciplinary process and are not criminal proceedings.
Special Case hearings
Special Case Hearings take place when the investigation of allegations of Gross Misconduct, committed by MDP officers on or off duty, identifies that special conditions, such as the following are satisfied:
- there is sufficient evidence, in the form of written statements or other documents, without the need for further evidence, whether written or oral, to establish on the balance of probabilities that the conduct of the officer concerned constitutes Gross Misconduct
- it is in the public interest for the officer concerned to cease to be a police officer without delay
Police Appeals Tribunals
Police Appeals Tribunals deal with appeals submitted by MDP officers, against the findings and/or the outcomes of misconduct hearings, under the MDP Conduct Regulations or stage 3 meetings, under the Performance Regulations.
The decision to hold misconduct hearings and police appeals tribunals in public was announced by the Home Secretary in 2015. This necessitated an amendment to the Ministry of Defence Police (Conduct etc.) Regulations 2015, which came into effect for all cases where an officer was given notice to attend a misconduct hearing after 1 March 2017.
This change of legislation does not affect misconduct meetings, where a breach of PSPB does not amount to gross misconduct. These proceedings will be held in private and the public have no right to observe (except in the case of a complainant or the commission, where appropriate).
What happens at a misconduct hearing
At a misconduct hearing the facts are heard by a panel, often with the help of witnesses, to enable a finding to be made. If an officer is found to have committed gross misconduct, depending on the circumstances, the available outcomes are:
- dismissal (with or without notice)
- final written warning
- extension to final written warning (in exceptional circumstances)
- written warning
- management advice
- no further action
Officers dismissed from the force may also be placed on the Disapproved Register. This prevents them from gaining further employment as a police officer with any other force in the UK.
What happens at a special case hearing
A special case hearing is heard by the Chief Constable. Due to the evidence being incontrovertible there is no requirement for any witness attendance. If an officer is found to have committed gross misconduct, the available outcomes are:
- dismissal (with or without notice)
- final written warning
- extension to final written warning – in exceptional circumstances
What happens at a Police Appeals Tribunal
Police Appeals Tribunals are heard by a panel chaired by a QC, who determines whether the ‘grounds of appeal’ on which the appellant relies, have been made out. On the determination of an appeal, a tribunal may make an order dealing with the appellant in any way in which they could have been dealt with at the original hearing.
Attending a misconduct hearing
Any member of the public or press can request to attend a misconduct hearing, provided that they are aged 18 or over.
When the date of a misconduct hearing is confirmed, the details will be published below. Due to the MDP being a national force the location of the misconduct hearing may vary (dependent upon the case).
Please note the following conditions of entry:
- any member of the public or press wishing to attend must register in advance, by the specified closing date, and using the they must also provide valid photo identification (for example passport or driving licence) upon attendance
- any person who is a witness at the proceedings will not be permitted to attend prior to giving their evidence but, may be permitted to take a seat in the public gallery after this time
- priority will be given to interested parties and attendance will then be granted on a ‘first come, first served’ basis (up to the capacity of the venue)
- any restrictions on reporting will be notified in advance of the hearing
- members of the public and press are to remain silent at all times whilst the hearing is in session
- no photographs, film or sound recording are permitted; mobile phones and other devices can be retained but must be switched off during the hearing
- any conditions particular to an individual hearing will be published on this page in advance of the hearing
- where a hearing is adjourned for an extended period, attendees may be expected to leave the premises and return at the appointed time; if the hearing is held within an MOD establishment members of the public and press will be escorted from the gate to the venue and back; they will not be permitted to leave the venue except to leave the establishment
- no food or refreshments, with the exclusion of water, will be permitted in the hearing room; however, an area will be set aside for use by members of the public when the panel adjourn for short periods of time
- no refreshments will be provided by the MDP and if held at an MOD establishment, there may be no facilities to purchase food; in this instance, attendees should be self sufficient
- we cannot reimburse any expenses you incur by attending and please note that in some cases a hearing may be cancelled at short notice; in these situations, we will do our best to notify you but, it may not be possible
- members of the public and press, together with any bags, will be subject to a security search as a condition of entry and exit; anything that can be used or adapted to cause injury or damage will not be permitted
If you require disabled access, or have any other reasonable adjustment requirements, please advise us of your requirements on your registration form.
Once all applications to attend have been received and reviewed (after the closing date), your attendance will be confirmed, as applicable, by the means identified on your registration form.
Private hearings
Please note: in exceptional circumstances, the Chair can exclude anyone from all or part of the hearing at his/her discretion and may impose conditions relating to the attendance of any person.
Should the Secretary of State for Defence consider it expedient in the interests of national security, he/she may also give direction that:
- all or part of the hearing must be conducted in private
- a specified person must be excluded from all or part of the hearing
- specific steps are taken to conceal the identity of a witness
- specific information must be excluded from the published notification of misconduct hearings or notification of outcome
If a decision is made to hold a hearing in private the reasons will be published below and, where conditions are placed on any person’s attendance, that person will be notified prior to commencement of the hearing.
Upcoming hearings
Subject Officer(s):
Sergeant 2795 David John HYDE
Alleged Conduct (& PSPBs breached):
It is alleged that on 15 September 2018, whilst stationed at MDP Corsham, Sergeant HYDE acted in a manner which breached the PSPBs of: Honesty and Integrity and Discreditable Conduct.
It is alleged that, without authority to do so, he caused certain items from a police property store to be removed and additionally caused two fire extinguishers to be removed from their designated location. It is alleged that the matters set out above are individually and/or collectively so serious that they amount to gross misconduct which, if proved, could justify dismissal.
Date:
Wednesday 25 September 2019 to Friday 27 September 2019
Location/Venue:
MDP Wethersfield, Braintree, Essex, CM7 4AZ
Time:
10:00am on 25 September and 9:00am on subsequent days. Please arrive 30 minutes prior to commencement of the hearing.
Applications to attend to be received by:
Friday 13 September 2019
Upcoming police appeals tribunals
Subject Officer(s):
Appeal against Dismissal:
Date:
Location/Venue:
Time:
Applications to attend to be received by:
Previous hearings and outcomes
Subject Officer(s): Constable 3515 Simon Nicholas CRILLEY
Date: Wednesday 4 September 2019
Alleged Conduct (& PSPBs breached): Constable Crilley answered allegations that he breached the Standards of Professional Behaviour, as set out in Regulation 3 and the Schedule to the Ministry of Defence Police (Conduct) Regulations 2015, in respect of ‘Discreditable Conduct’.
It was alleged that on 7 December 2018, Constable Crilley was off duty at a bar in Bristol where he caused criminal damage. He later accepted a conditional caution for his behaviour.
It was alleged by the relevant authority that the matters set out above are individually and/or collectively so serious that they amount to gross misconduct which, if proved, could justify dismissal.
Finding: Gross Misconduct
Outcome: Final Written Warning
Subject Officer: Constable 3959 Mark GOODMAN & Constable 219 Nadine KELLY
Date: 24 July 2019
Alleged Conduct (& PSPBs breached):
PC Goodman and PC Kelly, based at RAF Fairford, answered allegations that they breached the Standards of Professional Behaviour, as set out in Regulation 3 and the Schedule to the Ministry of Defence Police (Conduct) Regulations 2015, in respect of ‘Discreditable Conduct’ and ‘Duties and Responsibilities.’ On 22 August 2018, PC Goodman and PC Kelly were deployed to conduct an external mobile patrol in the vicinity of RAF Welford.
At approximately 01:55, PC Goodman and PC Kelly drove on to the forecourt of the Jet Petrol Station at Great Shefford where they witnessed a criminal offence taking place. It was alleged that the officers failed to take any, or any reasonable, action to disrupt the criminal activity and/or to detain the individuals involved.
It was alleged by the relevant authority, and admitted by the officers, that the matters set out above are individually and/or collectively so serious that they amount to gross misconduct which, if proved, could justify dismissal.
Finding: Gross Misconduct.
Outcome: Written Warning awarded to both officers.
Previous police appeals tribunals and outcomes
Subject Officer(s): Former Constable Thomas WILLIAMS
Date: Wednesday 31 July 2019
Appeal against dismissal: Unsatisfactory Attendance
Finding: Appeal allowed due to the production of new information
Outcome: Reinstatement as of 6 March 2019.
Related information
Published 12 June 2017
Last updated 13 September 2019 + show all updates
Last updated 13 September 2019 + show all updates
- Updated the page in the 'previous hearing and outcomes' section.
- Added new information in the upcoming misconduct hearings section.
- Updated the page with the previous police appeals tribunals.
- Added content on 'Previous hearings and outcomes'.
- Added the latest information on misconduct hearings.
- Updated the content on the page to give more information on pubic appeal and special case hearings.
- Updated the information on the upcoming misconduct hearings with the latest information.
- Added misconduct hearing for Monday 22 to Friday 26 July 2019 and removed out of date information on previous outcomes.
- Updated page with latest outcomes.
- Removed a cancelled misconduct hearing notice.
- Removed outdated misconduct hearing outcomes.
- Added details of the latest upcoming misconduct hearing.
- Removed the outdated misconduct hearings information.
- Updated the Upcoming Ministry of Defence Police misconduct hearings section.
- Added recent outcomes for April's hearings.
- Added the Panel decision report.
- Updated the details and outcome of a recent misconduct hearing.
- Updated information about previous misconduct hearings.
- Updated forthcoming misconduct hearings.
- Updated the page with the latest misconduct hearing outcomes.
- Added information about previous misconduct hearings and outcomes.
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- Updated forthcoming misconduct hearings.
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- First published.