Ministry of Defence Police: misconduct hearings

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Misconduct hearings

To increase openness and transparency in the MDP (and the police service in general), misconduct hearings, special case hearings and police appeals tribunals, involving Police Officers, are held in public.

Misconduct hearings deal with allegations of gross misconduct committed by MDP officers on or off duty. Gross misconduct is defined as ‘a breach of the police standards of professional behaviour (PSPB)’ that is so serious as to justify dismissal’. Misconduct hearings form part of the disciplinary process and are not criminal proceedings.

Accelerated Misconduct Hearings

Accelerated Misconduct Hearings take place when the investigation of allegations of Gross Misconduct, committed by MDP officers on or off duty, identifies that special conditions, such as the following are satisfied:

that there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes Gross Misconduct
it is in the public interest for the officer concerned to cease to be a member of the MDP without delay

Police Appeals Tribunals

Police Appeals Tribunals deal with appeals submitted by MDP officers, against the findings and/or the outcomes of misconduct hearings (including accelerated misconduct hearings), under the MDP Conduct Regulations, or stage 3 meetings under the Performance Regulations.

The decision to hold misconduct hearings and police appeals tribunals in public was announced by the Home Secretary in 2015. The Ministry of Defence Police followed suit in March 2017 by amendments to the Ministry of Defence Police conduct (2015) and performance (2012) regulations, and by subsequent revision of those Regulations into the new Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020, which came into effect for all cases assessed as Gross Misconduct after 2 November 2020.

This change of legislation does not affect misconduct meetings, where a breach of PSPB does not amount to gross misconduct. These proceedings will be held in private and the public have no right to observe (except in the case of a complainant or the commission^, where appropriate).

^Director General (IOPC) or Ombudsman (NI) if they conducted or directed the investigation.

What happens at a misconduct hearing

At a misconduct hearing the facts are heard by a panel, often with the help of witnesses, to enable a finding to be made. If an officer is found to have committed misconduct or gross misconduct, depending on the circumstances, the available outcomes are:

written warning (only if misconduct only found)
final written warning
reduction in rank
dismissal without notice

What happens at an Accelerated Misconduct Hearing

An accelerated hearing is heard by the Chief Constable. Due to the evidence being incontrovertible there is no requirement for any witness attendance. If an officer is found to have committed gross misconduct, the available outcomes are:

final written warning
reduction in rank
dismissal without notice

What happens at a Police Appeals Tribunal

Police appeals tribunals are heard by a panel chaired by a person nominated by the Lord Chancellor who satisfies the judicial appointment criteria. The tribunal determines whether the ‘grounds of appeal’ on which the appellant relies, have been made out. On the determination of an appeal, a tribunal may make an order dealing with the appellant in any way in which they could have been dealt with at the original hearing.

Attending a misconduct hearing

Any member of the public or press can request to attend a misconduct hearing, provided that they are aged 18 or over.

When the date of a misconduct hearing is confirmed, the details will be published below. Due to the MDP being a national force the location of the misconduct hearing may vary (dependent upon the case).

Please note the following conditions of entry:

any member of the public or press wishing to attend must register in advance, by the specified closing date, and using the MDP misconduct hearing registration form (PDF, 178 KB, 2 pages) they must also provide valid photo identification (for example passport or driving licence) upon attendance. (To fill out the misconduct hearing form on a mobile device you must make sure that the PDF is opened in the editable mode.)
any person who is a witness at the proceedings will not be permitted to attend prior to giving their evidence but, may be permitted to take a seat in the public gallery after this time
priority will be given to interested parties and attendance will then be granted on a ‘first come, first served’ basis (up to the capacity of the venue)
any restrictions on reporting will be notified in advance of the hearing
members of the public and press are to remain silent at all times whilst the hearing is in session
no photographs, film or sound recording are permitted; mobile phones and other devices can be retained but must be switched off during the hearing
any conditions particular to an individual hearing will be published on this page in advance of the hearing
where a hearing is adjourned for an extended period, attendees may be expected to leave the premises and return at the appointed time; if the hearing is held within an MOD establishment members of the public and press will be escorted from the gate to the venue and back; they will not be permitted to leave the venue except to leave the establishment
no food or refreshments, with the exclusion of water, will be permitted in the hearing room; however, an area will be set aside for use by members of the public when the panel adjourn for short periods of time
no refreshments will be provided by the MDP and if held at an MOD establishment, there may be no facilities to purchase food; in this instance, attendees should be self sufficient
we cannot reimburse any expenses you incur by attending and please note that in some cases a hearing may be cancelled at short notice; in these situations, we will do our best to notify you but, it may not be possible
members of the public and press, together with any bags, will be subject to a security search as a condition of entry and exit; anything that can be used or adapted to cause injury or damage will not be permitted

If you require disabled access, or have any other reasonable adjustment requirements, please advise us of your requirements on your registration form.

Once all applications to attend have been received and reviewed (after the closing date), your attendance will be confirmed, as applicable, by the means identified on your registration form.

Private hearings

Please note: in exceptional circumstances, the Chair can exclude anyone from all or part of the hearing at his/her discretion and may impose conditions relating to the attendance of any person.

Should the Secretary of State for Defence consider it expedient in the interests of national security, he/she may also give direction that:

all or part of the hearing must be conducted in private
a specified person must be excluded from all or part of the hearing
specific steps are taken to conceal the identity of a witness
specific information must be excluded from the published notification of misconduct hearings or notification of outcome

If a decision is made to hold a hearing in private the reasons will be published below and, where conditions are placed on any person’s attendance, that person will be notified prior to commencement of the hearing.

Upcoming hearings

Subject Officer: Former PC Pennington

Date: 23 December 2024, from 10am

Alleged Conduct (& PSPBs breached):

Former PC Pennington will answer allegations that he breached the Standards of Professional Behaviour set out in Schedule 3 to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020.

An accelerated misconduct hearing will take place following former PC Pennington’s conviction of an offence under the Misuse of Drugs Act 1971.

Former PC Pennington is alleged to have breached the Standards of ‘Discreditable Conduct’ and ‘Orders and Instructions’.

It is alleged that the officer’s conduct amounts to gross misconduct.

Location/Venue: Conference Room, Ministry of Defence Police HQs, Palmer Pavilion, RAF Wyton, Huntingdon PE28 2EA.

Applications to attend: Must be received by 18 December. Please email MDP-PSD-Group@mod.gov.uk

Upcoming police appeals tribunals

There are currently no upcoming police tribunals.

Previous hearings and outcomes

Subject Officer: Former PC Kelly

Date: 3 to 6 December 2024

Alleged Conduct (& PSPBs breached):

It is alleged that on 15 November 2023, PC Kelly approached the barrier at an Ammunition Sub Depot, left his Police vehicle, entered the barrier portacabin and was found searching it. PC Kelly made a verbal statement that was false, namely that when he arrived at the barrier, the barrier was up and open.

It is alleged his conduct has breached the Police Standards of Professional Behaviour of Honesty and Integrity, Duties and Responsibilities and Discreditable Conduct and is Gross Misconduct.

Finding: Gross Misconduct

Outcome: Dismissed without notice.

Subject Officer: Former PC McCall

Date: 20 November 2024

Alleged Conduct (& PSPBs breached):

It is alleged that between 2 and 3 November 2022, PC McCall acted dishonestly and without integrity and in a manner likely to bring discredit upon the police service, in that he attempted to sell a ballistic helmet via an auction site.

Contrary to the PSPBs of: Honesty and Integrity and Discreditable Conduct.

Finding: Gross Misconduct

Outcome: Would have been dismissed without notice if still in force.

Subject Officer: Former PC Cove

Date: 4 to 5 November 2024

Alleged Conduct (& PSPBs breached):

It is alleged that on 18 June 2022, PC Cove acted in a manner likely to bring discredit upon the police service in his behaviour towards others and by possessing two police issue batons at his home address.

Contrary to the PSPBs of: Authority, Respect and Courtesy, Orders and Instructions and Discreditable Conduct.

Finding: Gross Misconduct

Outcome: Dismissed without notice

Subject Officer: Former PC Park

Date: 22 to 24 October 2024

Alleged Conduct (& PSPBs breached):

It is alleged that when completing his vetting application in December 2020 to join the Ministry of Defence Police, PC Park deliberately failed to disclose information that would have precluded him from progressing towards being offered employment within the Ministry of Defence Police.

Contrary to the PSPBs of: Honesty and Integrity and Discreditable Conduct and is Gross Misconduct.

Finding: Gross Misconduct

Outcome: Would have been dismissed without notice if still in the force.

Previous police appeals tribunals and outcomes

There are currently no previous appeals tribunals to list.

We encourage anyone who has concerns about police-perpetrated abuse to contact Crimestoppers - The Police Anti-Corruption and Abuse Reporting Service.

Ministry of Defence Police: misconduct hearings

Misconduct hearings

Accelerated Misconduct Hearings

Police Appeals Tribunals

What happens at a misconduct hearing

What happens at an Accelerated Misconduct Hearing

What happens at a Police Appeals Tribunal

Attending a misconduct hearing

Private hearings

Upcoming hearings

Upcoming police appeals tribunals

Previous hearings and outcomes

Previous police appeals tribunals and outcomes

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Ministry of Defence Police: misconduct hearings

Misconduct hearings

Accelerated Misconduct Hearings

Police Appeals Tribunals

What happens at a misconduct hearing

What happens at an Accelerated Misconduct Hearing

What happens at a Police Appeals Tribunal

Attending a misconduct hearing

Private hearings

Upcoming hearings

Upcoming police appeals tribunals

Previous hearings and outcomes

Previous police appeals tribunals and outcomes

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