22 August 2023
Individuals who are unfit for policing have no place within our organisation. It is for this reason that specific and directed conduct legislation exists to hold officers to account once wrongdoing has been proven.
The purpose of the police misconduct regime is clear: It exists to maintain public confidence in the police service, to uphold high standards in policing and to protect the public. And it is based upon a significantly lower standard of proof than that practiced within criminal courts. Put simply, if a Chief Constable proves that any individual is likely to have breached the standards of professional behaviour, and that breach is so serious as to justify dismissal, then that officer may be removed from the service fairly and robustly.
However, I believe the recent High Court ruling regarding Victor v Chief Constable of West Mercia Police presents a concerning narrative which, if left unchecked, could see the wholesale circumnavigation of existing police conduct regulations by removing an individual’s vetting and subsequent employment. Furthermore, a potential exists that this process may even be engaged against untested allegations. It is for these reasons that I find the ruling to be deeply concerning.
The conduct regulations are clear in their instruction. Misconduct proceedings are not designed to punish officers, but rather to protect the reputation or standing of the profession. It is my opinion that this ruling may now provide a conduit of punishment against individuals, even after a fair and independent process has determined that dismissal is not appropriate, and both the public and policing can be protected by a more progressive outcome.
Occasionally police officers make mistakes. This is human. By enforcing the existing conduct regulations and respecting independent outcomes; those mistakes are afforded the freedom to be highlighted, and a culture of learning allowed to flourish. Only then will we see the improvements and progression our communities deserve.
It is for this reason I seek investment and management into the misconduct regime, rather than doggedly pursuing avenues of avoidance, which runs the risk of hiding harmful and divisive cultures of distrust between police leaders and officers alike.
We do not want to see a return of the dark days of policing, where officers are dismissed unlawfully, mistakes buried and learning ignored, leaving policing both stagnant and ineffective within our communities.
Paul Crowley, Conduct and Performance Lead and Deputy Secretary, Cleveland Police Federation