Independent Police Complaints Commission, R (on the application of) v Hayman [2008] EWHC 2191 (Admin) (28 July 2008)

Independent Police Complaints Commission, R (on the application of) v Hayman [2008] EWHC 2191 (Admin) (28 July 2008)

Assistant Commissioner Hayman misdirected himself by applying the criminal standard of proof instead of the required civil standard (balance of probabilities) in reviewing the disciplinary panel's decision, rendering his decision unlawful and subject to quashing.

Citation
[2008] EWHC 2191 (Admin)
Parties
Claimant: Independent Police Complaints Commission; Defendant: Assistant Commissioner Hayman; Second Interested Party: Police Constable Bannister; Third Interested Party: Mr Campbell
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed; decision of Assistant Commissioner Hayman quashed and remitted for reconsideration by a different Assistant Commissioner.
Legal Topics
Standard of Proof in Disciplinary Proceedings, Police Misconduct, Judicial Review of Disciplinary Decisions
Administrative Law Police Law Employment Law Standard of Proof in Disciplinary Proceedings Police Misconduct Judicial Review of Disciplinary Decisions

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Parties

Independent Police Complaints Commission

Claimant

Assistant Commissioner Hayman

Defendant

Police Constable Bannister

Second Interested Party

Mr Campbell

Third Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Assistant Commissioner Hayman applied the correct standard of proof in reviewing the disciplinary panel's decision against PC Bannister

Ratio Decidendi

Assistant Commissioner Hayman misdirected himself by applying the criminal standard of proof instead of the required civil standard (balance of probabilities) in reviewing the disciplinary panel's decision, rendering his decision unlawful and subject to quashing.

Court Disposition

Claim allowed; decision of Assistant Commissioner Hayman quashed and remitted for reconsideration by a different Assistant Commissioner.

Orders

  • Decision of Assistant Commissioner Hayman quashed.
  • Matter remitted to the Commissioner of Police for the Metropolis to appoint another Assistant Commissioner to reconsider the review.