Ministry of Defence Police: misconduct 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)’ that is so serious as to justify dismissal’. Misconduct hearings form part of the disciplinary process and are not criminal proceedings.

Accelerated Misconduct Hearings

Accelerated Misconduct 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:

• that there is sufficient evidence, in the form of written statements or other documents, 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 member of the MDP 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 (including accelerated 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. The Ministry of Defence Police followed suit in March 2017 by amendments to the Ministry of Defence Police conduct (2015) and performance (2012) regulations, and by subsequent revision of those Regulations into the new Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020, which came into effect for all cases assessed as Gross Misconduct after 2 November 2020.

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).

^Director General (IOPC) or Ombudsman (NI) if they conducted or directed the investigation.

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 misconduct or gross misconduct, depending on the circumstances, the available outcomes are:

• written warning (only if misconduct only found)
• final written warning
• reduction in rank
• dismissal without notice

What happens at an Accelerated Misconduct Hearing

An accelerated 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:

• final written warning
• reduction in rank
• dismissal without notice

What happens at a Police Appeals Tribunal

Police appeals tribunals are heard by a panel chaired by a person nominated by the Lord Chancellor who satisfies the judicial appointment criteria. The tribunal 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 MDP misconduct hearing registration form (PDF, 178 KB, 2 pages) they must also provide valid photo identification (for example passport or driving licence) upon attendance. (To fill out the misconduct hearing form on a mobile device you must make sure that the PDF is opened in the editable mode.)
• 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: Former PC

Date: 23 September 2024, from 10am. It is expected to last for 4 days.

Alleged Conduct (& PSPBs breached):

A misconduct hearing is being held into the case of a former PC alleged to have breached the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 and the Standards of Professional Behaviour, namely Orders and Instructions, Duties and Responsibilities and Discreditable Conduct. 

The allegations relate to conduct which occurred between 28 November 2021 and 30 January 2022 and included use of a mobile telephone, acts of a sexual nature and sleeping on duty.

It is alleged that the former PC breached the Standards of ‘Orders and Instructions’, Duties and Responsibilities’ and ‘Discreditable Conduct’.

It is alleged that the former officer’s conduct amounts to gross misconduct.

Location/Venue: Conference Room, Ministry of Defence Police HQs, Palmer Pavilion, RAF Wyton, Huntingdon PE28 2EA.

Applications to attend: Must be emailed to MDP-PSD-Group@mod.gov.uk as soon as possible.

Upcoming police appeals tribunals

Previous hearings and outcomes

Subject Officer: Former PC McGinley

Date: 27 to 30 August 2024

Alleged Conduct (& PSPBs breached):

PC McGinley answered allegations that he breached the Standards of Professional Behaviour set out in Schedule 3 to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020. 

The allegations are as follows:

Allegation A:

On 13 December 2022, while reversing a marked Police vehicle, PC McGinley struck a stationary vehicle. He denied involvement and/or awareness when asked about the incident. PC McGinley provided a report about the incident which contained false information.

Allegation B:

On 13 February 2023, while off duty, PC McGinley was involved in an incident at a nightclub, which required the attendance of officers from Police Service of Scotland. PC McGinley was rude and/or disrespectful to attending officers in that he used inappropriate and/or offensive language.

PC McGinley is alleged to have breached the Standards of ‘Honesty and Integrity’, ‘Duties and Responsibilities’ and ‘Discreditable Conduct’.

Finding:  Gross Misconduct

Outcome: Dismissed without notice

Previous

Subject policeOfficer: appealsFormer tribunalsPC Childs

Alleged Conduct (& PSPBs breached):

Former PC Childs answered allegations that he breached the Standards of Professional Behaviour set out in Schedule 3 to the Ministry of Defence Police (Conduct, Performance and outcomes

Appeals Tribunals) Regulations 2020.

Related

Date: information

 19 August 2024