Misconduct Proceedings and Police Appeal Tribunals
Where a police misconduct case is referred by the appropriate authority, normally the Professional Standards Department acting on behalf of the Chief Constable, to a misconduct hearing, the PFCC is responsible for appointing the Legally Qualified Chair to conduct the proceedings. This will be done in line with the Legally Qualified Chair and Independent Member Appointment Police.
All misconduct hearings will be conducted by the following panel of people:
• a legally qualified chair appointed by the PFCC or their representative, selected on a fair and transparent basis from the list of legally qualified chairs (LQCs) maintained by the PFCC for the purpose of the 2020 Regulations;
• a member of a police force of the rank of Superintendent or above (provided that the member is of a more senior rank than the officer concerned) appointed by the Chief Constable or their representative; and
• a person appointed by the PFCC or their representative, selected on a fair and transparent basis from a list of candidates maintained by the PFCC for the purposes of the 2020 Regulations.
For senior staff members the same membership of the tribunal applies as above, however, instead of a member of a police force of the rank of Superintendent or above it will be Her Majesty’s Chief Inspector of Constabulary and Fire and Rescue Services (HMCICFRS) or an Inspector nominated by the Chief Inspector.
For further information please refer to the Home Office Guidance on Conduct, Efficiency and Effectiveness.
Police Appeals Tribunals (PAT) Rules
An officer may appeal the outcome of a misconduct hearing held under the Police (Conduct) Regulations 2020 and the Police (Performance) Regulations 2020. If the appeal by the police officer is granted by a Legally Qualified Chair, the Police Appeals Tribunal (the Tribunal) will consist of three members appointed by the PFCC’s Office. The PFCC’s Office will also be responsible for facilitating the Tribunal and meeting the costs and expenses of the Appeal.
The three members of the Tribunal will be:
• a legally qualified chair appointed by the PFCC or their representative, selected on a fair and transparent basis from the list maintained by the Home Office;
• a serving senior officer; and
• a lay person who is not, and has never been, a member of a police force, or special constable as set out in Schedule 6 of the Police Act 1996 (as amended) .
For senior staff members, the same membership of the tribunal applies as above, however, instead of a serving senior officer it will be Her Majesty’s Chief Inspector of Constabulary and Fire and Rescue Services (HMCICFRS) or an Inspector nominated by the Chief Inspector. Instead of a lay person it will be the Permanent Secretary to the Home Office or a Home Office Director nominated by the Permanent Secretary.
Booking to attend
Police Appeal Tribunals are held in public. Places are limited and will need to be booked in advance, preferably at least 48 hours before the hearing. Details of how to do this will be published with each hearing date. To comply with the rules of attendance, observers are required to provide the following when booking:
- email address
- contact telephone number
To book a place at a forthcoming hearing please email: PFCC@essex.pnn.police.uk
Full details of the conditions of entry to Police Appeal Tribunals can be read here: Conditions of Entry – PATs
Details of upcoming hearings will appear on this page.