In the United Kingdom, Police Appeals Tribunals hear appeals from police officer misconduct hearings. Officially the Police Appeals (Disciplinary) Tribunal, it is a 'virtual' non-departmental public body managed by the Home Office.[1][2]
| Police (Disciplinary) Appeals Tribunal | |
|---|---|
.svg) Royal coat of arms of the United Kingdom as used in England and Wales | |
| Established | 1996 |
| Jurisdiction | United Kingdom |
| Composition method | Home Office tribunal |
| Authorised by | Police Act 1996 Police Reform and Social Responsibility Act 2011 |
| Appeals to |
|
| Appeals from | Police misconduct hearings |
| Website | www |
It was established by the Police Act 1996, and later reformed by the Police Reform and Social Responsibility Act 2011.[2]
Proceedings
editHearings are facilitated and administered by the local police and crime commissioner (or equivalent body).[3] Proceedings in England are regulated by the Police Appeals Tribunals Rules 2020,[4] and in Scotland by the Police Appeals Tribunals (Scotland) Rules 2013.[5]
Unless the tribunal chair elects to hold the hearing in private, members of the public are able to attend PAT proceedings.[6]
Grounds for appeal
editThere are three possible grounds for appeal to a PAT:
- The finding or action imposed was unreasonable
- New evidence makes the findings incorrect or unreasonable
- The misconduct hearing was unfair or did not follow the correct procedures
Further avenues for appeal
editDecisions of a PAT may be appealed to the High Court of Justice (or the Court of Session in Scotland), by way of judicial review.[7][8]
Representation
editLegal representation is not compulsory, and it is not uncommon for parties to represent themselves or use a friend.[9]
Tribunal members
editThe three members of the Tribunal will be:[10]
- A legally qualified chair appointed by the local Police and crime commissioner, selected from a list maintained by the Home Office
- A serving senior officer
- A lay person who is not, and has never been in the police
When the appellant is a senior officer, HM Chief Inspector of Constabulary and Fire and Rescue Services or an Inspector nominated by the 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.[11]
Criticism
editIn 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.[12]
See also
editReferences
edit- ^ "60716 response.pdf". www.whatdotheyknow.com. 9 October 2020. Retrieved 2024-02-28.
- ^ a b "Triennial Review of the Police (Discipline) Appeals Tribunal". August 2014.
- ^ "Police Appeals Tribunals". www.southwalescommissioner.org.uk. Retrieved 2024-02-28.
- ^ "Police Appeal Tribunal Rules 2020". 28 February 2024.
- ^ "Police Appeal Tribunal Rules (2013)". 28 February 2024.
- ^ "Misconduct Hearings and Police Appeals Tribunals (PATs)". West Yorkshire Combined Authority. Retrieved 2024-02-28.
- ^ Heather Williams J (26 July 2022). "Met Commissioner v Police Appeals Tribunal" (PDF).
- ^ "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.
- ^ "Police Disciplinary Tribunals Defence Barrister | Police Disciplinary Lawyer". kccrimelawyer.com. Retrieved 2024-02-28.
- ^ "Police Appeal Tribunals - Essex Police and Crime Commissioner". Essex Police, Fire & Crime Commissioner. Retrieved 2024-02-28.
- ^ "Police misconduct appeals | London City Hall". www.london.gov.uk. Retrieved 2024-02-28.
- ^ 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.