Independent Police Complaints Commission, R (on the application of) v Hayman

Independent Police Complaints Commission, R (on the application of) v Hayman

Assistant Commissioner Hayman misdirected himself by applying the criminal standard of proof instead of the civil standard of balance of probabilities in his review of the disciplinary panel's decision; this constitutes an error of law and his decision must be quashed and remitted for reconsideration.

Parties
Claimant: Independent Police Complaints Commission; Defendant: Assistant Commissioner Hayman; Second Interested Party: Mr Campbell; Third Interested Party: Police Constable Bannister
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision of Assistant Commissioner Hayman quashed and remitted for reconsideration
Legal Topics
Standard of Proof, Disciplinary Proceedings, Judicial Review, Misconduct, Burden of Proof
Administrative Law Police Disciplinary Law Standard of Proof Disciplinary Proceedings Judicial Review Misconduct Burden of Proof

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Parties

Independent Police Complaints Commission

Claimant

Assistant Commissioner Hayman

Defendant

Mr Campbell

Second Interested Party

Police Constable Bannister

Third Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did Assistant Commissioner Hayman apply the correct standard of proof in reviewing the disciplinary panel's decision against PC Bannister?
  2. 2 Should the decision of Assistant Commissioner Hayman be quashed and remitted for reconsideration?

Ratio Decidendi

Assistant Commissioner Hayman misdirected himself by applying the criminal standard of proof instead of the civil standard of balance of probabilities in his review of the disciplinary panel's decision; this constitutes an error of law and his decision must be quashed and remitted for reconsideration.

Court Disposition

decision of Assistant Commissioner Hayman quashed and remitted for reconsideration

Orders

  • The decision of Assistant Commissioner Hayman is quashed.
  • The matter is remitted to the Commissioner of Police for the Metropolis to appoint another Assistant Commissioner to take the decision afresh.