Police Chiefs Should Not Have ‘Two Bites Of The Cherry’ On Misconduct

“It seems perverse to overrule the outcome of a fair misconduct hearing,” South Yorkshire Police Federation has said, as the Government proposes that police chiefs should be able to appeal decisions.

Under the Government’s Crime and Policing Bill, which entered Parliament last month, Chief Constables and PCCs will be given the ability to appeal to a Police Appeals Tribunal against the finding of a misconduct hearing board. Under the current system, chief officers can only appeal through a judicial review, which takes much longer.

South Yorkshire Police Federation Chair Steve Kent said: “It seems perverse to overrule the outcome of the fair review process of a misconduct hearing outcome. The system is already in place to make sure that an officer is dealt with fairly. Two bites of the cherry does not seem acceptable when you’ve got such a high bar already to decide on somebody’s fate.

“If there are legal issues as to why a decision needs to be questioned, then that should be open to judicial review on a case-by-case basis. But the ability to just refer it to a second go isn’t good enough, because that will be abused.”

The Government should also consider the cost to the public purse, Steve said: “We spend a significant amount of money on misconduct hearings and if we’re having two bites of the cherry, that is double the cost to the public. You’ve got to ask the question of whether it’s in the public interest to keep having a go at the same situation.

“We are very concerned about how this would work, if it was an automatic referral to reassess. If there was legal reason to do so and a judicial review is granted, then so be it. But not on an industrial scale.”