Fears changes could turn conduct hearings into 'kangaroo courts'
1 September 2023
West Midlands Police Federation conduct lead Dave Hadley fears new powers to allow chief constables to sack officers found guilty of misconduct could turn disciplinary hearings into “kangaroo courts”.
Dave said police chiefs already have the powers to remove officers and that the changes would undermine confidence in the process.
He said: “It is a retrograde step. Legally qualified chairs were introduced to improve confidence in the disciplinary process by inserting an independent oversight.
“There was a perception that the previous disciplinary arrangements were little more than kangaroo courts. It feels like we’re returning to those bad old days.”
He added: “It must be remembered that our members are also important stakeholders in the misconduct process, it is vital that they have confidence that they will receive a fair hearing.
“Sadly, there are numerous examples of forces making decisions which are motivated by political concerns, rather than on a sound, neutral assessment of the facts.
“But if you were an officer accused of gross misconduct you’d be looking at the news today and wondering if it’s worth turning up.”
Dave’s comments follow a Government announcement that a finding of gross misconduct will automatically result in a police officer’s dismissal, unless there are exceptional circumstances.
Under the new system, chief constables or their deputies will chair misconduct panels. Until now, they have been chaired by an independent lawyer.
West Midlands Police Federation conduct lead Dave Hadley
Dave said: “Gross misconduct shouldn’t automatically equate to dismissal. The way a sanction should be approached is that there should be an assessment of the seriousness of the proven conduct, followed by a determination as to the most appropriate, proportionate sanction which adequately addresses the purpose of the proceedings.
“But that’s all been thrown out of the window. Proportionality is a casualty of this loss of discretion.”
Dave added: “There’s an old phrase that says hard cases make bad law, effectively that’s what’s happened here.”
“The Government keep using extreme cases like Wayne Couzens and David Carrick to justify the tearing up of the police misconduct regulations.
“When considering reform, we shouldn’t be solely focussed on the extreme cases because that way lies disproportionate, skewed processes which are then applied to cases which are nowhere near as serious.”
The Government has also announced that officers who fail vetting checks can also be fired.
Dave said: “It’s been a failure by forces to properly implement vetting procedures over years that have led to inappropriate people wearing our uniform.
“But it’s the members now who are going to end up paying the price for it, with this knee-jerk reaction.
“The ability to sack people is going to be effectively placed in the hands of a vetting manager.
“The tide really does feel like it’s against our members. It’s going to do nothing for morale,” he added.
