Lothian And Borders Police & Ors v. Gemmell [2005] ScotCS CSOH_32 (01 March 2005)

Lothian And Borders Police & Ors v. Gemmell [2005] ScotCS CSOH_32 (01 March 2005)

The Police Appeals Tribunal's failure to provide adequate reasons for its decision constituted a breach of its statutory duty under rule 16(6)(b) of the Police Appeals Tribunals (Scotland) Rules 1996. In the circumstances, the appropriate remedy is to quash the tribunal's decision and order that the appeal be reheard by a differently constituted tribunal, as the absence of reasons undermines the legality and effectiveness of the decision.

Citation
[2005] ScotCS CSOH_32
Parties
Petitioner: Paddy Tomkins, Chief Constable, Lothian and Borders Police; First Respondent: Lothian and Borders Police Board; Second Respondent: Police Appeals Tribunal; Third Respondent: Alistair Gemmell
Jurisdiction
Scotland
Judgment Date
01 March 2005
Procedural Posture
Judicial Review / Outer House, Court of Session – Opinion
Outcome
Decision of the Police Appeals Tribunal quashed; appeal to be reheard by a differently constituted tribunal.
Legal Topics
Judicial Review of Tribunal Decisions, Statutory Duty to Give Reasons, Police Misconduct Proceedings, Remedies for Procedural Irregularity
Administrative Law Employment Law Police Law Judicial Review of Tribunal Decisions Statutory Duty to Give Reasons Police Misconduct Proceedings Remedies for Procedural Irregularity

Case Brief

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Parties

Paddy Tomkins, Chief Constable, Lothian and Borders Police

Petitioner

Lothian and Borders Police Board

First Respondent

Police Appeals Tribunal

Second Respondent

Alistair Gemmell

Third Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session – Opinion

Legal Issues

  1. 1 Whether the Police Appeals Tribunal's failure to provide adequate reasons renders its decision invalid or voidable
  2. 2 What is the appropriate remedy for a statutory failure to give reasons: quashing the decision or ordering provision of reasons
  3. 3 Whether the tribunal is functus officio after issuing its decision

Ratio Decidendi

The Police Appeals Tribunal's failure to provide adequate reasons for its decision constituted a breach of its statutory duty under rule 16(6)(b) of the Police Appeals Tribunals (Scotland) Rules 1996. In the circumstances, the appropriate remedy is to quash the tribunal's decision and order that the appeal be reheard by a differently constituted tribunal, as the absence of reasons undermines the legality and effectiveness of the decision.

Court Disposition

Decision of the Police Appeals Tribunal quashed; appeal to be reheard by a differently constituted tribunal.

Orders

  • The decision of the Police Appeals Tribunal dated 29 January 2004 is reduced (quashed).
  • The Lothian and Borders Police Board is to appoint a fresh tribunal to consider the appeal de novo.