Chief Constable of Avon and Somerset Police, R (on the application of) v Police Misconduct Tribunal & Ors

Chief Constable of Avon and Somerset Police, R (on the application of) v Police Misconduct Tribunal & Ors

The Tribunal's findings regarding PC Archer's intent, responsibility, and the seriousness of her conduct were rational and supported by evidence; there was no procedural unfairness in not calling witnesses, reasons were adequate, and the sanction of a final written warning was within the range of reasonable outcomes given the facts and admissions.

Parties
Claimant: Chief Constable of Avon and Somerset Police; Defendant: Police Misconduct Tribunal; Interested Party: PC Pauline Archer; Interested Party: Ms Jade Sasani; Intervener: Director General of the Independent Office for Police Conduct
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Police Misconduct, Disciplinary Proceedings, Gross Misconduct, Equality and Diversity, Harassment, Procedural Fairness, Sanctions
Administrative Law Employment Law Police Law Equality Law Police Misconduct Disciplinary Proceedings Gross Misconduct Equality and Diversity +3 more

Case Brief

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Parties

Chief Constable of Avon and Somerset Police

Claimant

Police Misconduct Tribunal

Defendant

PC Pauline Archer

Interested Party

Ms Jade Sasani

Interested Party

Director General of the Independent Office for Police Conduct

Intervener

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in not calling witnesses during the hearing
  2. 2 Whether the Tribunal's findings on PC Archer's intent and responsibility were irrational
  3. 3 Whether the Tribunal failed to give adequate reasons for preferring PC Archer's evidence

Ratio Decidendi

The Tribunal's findings regarding PC Archer's intent, responsibility, and the seriousness of her conduct were rational and supported by evidence; there was no procedural unfairness in not calling witnesses, reasons were adequate, and the sanction of a final written warning was within the range of reasonable outcomes given the facts and admissions.

Court Disposition

Claim dismissed