Short & Ors, R (On the Application Of) v Police Misconduct Tribunal & Anor

Short & Ors, R (On the Application Of) v Police Misconduct Tribunal & Anor

Permission for judicial review is refused because the statutory regime provides an adequate alternative remedy through the Police Appeals Tribunal, and no exceptional circumstances exist to justify intervention. Even if the Tribunal was exposed to potentially prejudicial material, its composition and experience mean the test for apparent bias is not met. The procedural complaints do not warrant relief.

Parties
Claimant: APS Short & Ors.; First Defendant: Police Misconduct Tribunal; Second Defendant: Chief Constable of Bedfordshire Police; Interested Party: Independent Office for Police Conduct
Jurisdiction
England and Wales
Judgment Date
07 February 2020
Procedural Posture
Judicial Review / Permission and Substantive Hearing
Outcome
Permission for judicial review refused; stay on Tribunal proceedings removed.
Legal Topics
Apparent Bias, Recusal, Alternative Remedy, Police Misconduct, Procedural Fairness
Administrative Law Police Law Judicial Review Apparent Bias Recusal Alternative Remedy Police Misconduct Procedural Fairness

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Parties

APS Short & Ors.

Claimant

Police Misconduct Tribunal

First Defendant

Chief Constable of Bedfordshire Police

Second Defendant

Independent Office for Police Conduct

Interested Party

Procedural Posture

Judicial Review / Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the Police Misconduct Tribunal or its Chair should have recused themselves for apparent bias due to exposure to prejudicial material
  2. 2 Whether the existence of an alternative statutory remedy precludes judicial review
  3. 3 Whether procedural complaints about the handling of the recusal application warrant relief

Ratio Decidendi

Permission for judicial review is refused because the statutory regime provides an adequate alternative remedy through the Police Appeals Tribunal, and no exceptional circumstances exist to justify intervention. Even if the Tribunal was exposed to potentially prejudicial material, its composition and experience mean the test for apparent bias is not met. The procedural complaints do not warrant relief.

Court Disposition

Permission for judicial review refused; stay on Tribunal proceedings removed.

Orders

  • Permission for judicial review refused
  • Stay on Tribunal proceedings removed forthwith