Derbyshire Constabulary, R (on the application of) v The Police Appeals Tribunal & Ors

The Panel could not find breaches of Standards of Professional Behaviour not specified in the Regulation 21 notice without giving the officers notice and an opportunity to respond. The Tribunal applied the correct test for reasonableness, and the process was procedurally fair. The application by the Chief Constable is dismissed.

Parties: Claimant: Chief Constable of the Derbyshire Constabulary; Defendant: Police Appeals Tribunal; First Interested Party: Wesley Green; Second Interested Party: Thomas Stewart
Jurisdiction: England and Wales
Judgment Date: 01 August 2012
Procedural Posture: Judicial Review / Judgment
Outcome: Application dismissed
Legal Topics: Police Misconduct, Disciplinary Proceedings, Procedural Fairness, Statutory Interpretation

Administrative Law Employment Law Police Law Police Misconduct Disciplinary Proceedings Procedural Fairness Statutory Interpretation

Case Brief

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Parties

Chief Constable of the Derbyshire Constabulary

Claimant

Police Appeals Tribunal

Defendant

Wesley Green

First Interested Party

Thomas Stewart

Second Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether the Police Appeals Tribunal erred in law in overturning findings of gross misconduct against two police officers.
2 Whether the misconduct panel could find breaches of Standards of Professional Behaviour not specified in the Regulation 21 notice.
3 What is the correct test for 'unreasonableness' under Rule 4(4)(a) of the 2008 Appeals Rules.

Ratio Decidendi

Court Disposition

Application dismissed