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Guidance

Ministry of Defence Police: misconduct hearings

Find out about misconduct hearings involving Ministry of Defence Police (MDP) officers and how to attend these public hearings.

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 while 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: PC Murray

Hearing date: 30 September 2026

Alleged Conduct (& PSPBs breached):

It is alleged that on eight occasions between May and December 2024 the Officer made expense claims for £699.88 while on rest days and/or on leave. It is alleged that this was in contravention of the MOD Travel and Subsistence Policy. 

It is alleged that the Officer has breached the following standards of professional behaviour:

  • honesty and integrity
  • discreditable conduct
  • orders and instructions
  • duties and responsibilities

How to Attend:

Members of the press or public wishing to attend the Misconduct Hearing must register to do so. Anyone who has not pre-registered will not be allowed to access the hearing. Those attending are not allowed to record or film the proceedings.

Members of the media and public may attend subject to the following conditions:

  • the taking of photographs and the use of film or sound recording equipment during the hearing, except for official use, is prohibited
  • any accredited member of the media attending the hearing by the video conference link must produce valid identification if required to do so
  • there may be parts of the hearing which are held in private session; if that is the case, any accredited member of the media or public attending the hearing will be asked to leave during the private session, and will be informed by the Hearings Officer when they can return

To register, email MDP-PSD-GMB@mod.gov.uk with the following details:

  • your name
  • contact telephone number
  • your email address

All requests to attend must be received on or before 28 September 2026

Subject Officer: PC Fergusson

Hearing date: 21 – 25 September 2026

Alleged Conduct (& PSPBs breached):

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

It is alleged that:

  • while on detached duty to the Ministry of Defence Police’s Professional Standards Department (PSD), PC Fergusson accessed the PSD computer system to access cases concerning other officers without having a legitimate policing purpose to do so
  • PC Fergusson breached the Standards of ‘Orders and Instructions’, ‘Duties and Responsibilities’, ‘Confidentiality’, and ‘Discreditable Conduct’
  • PC Fergusson’s conduct, if proven, amounts to gross misconduct or, in the alternative, misconduct

How to Attend:

Members of the press or public wishing to attend the Misconduct Hearing must register to do so. Anyone who has not pre-registered will not be allowed to access the hearing. Those attending are not allowed to record or film the proceedings.

To register, email MDP-PSD-GMB@mod.gov.uk with the following details:

  • your name
  • contact telephone number
  • your email address

All requests to attend must be received on or before 14 September 2026.

Upcoming police appeals tribunals

There are currently no upcoming police tribunals.

Previous hearings and outcomes

Subject Officer: FPS Kay

Hearing date: 1 September 2026

Alleged Conduct (and PSPBs breached):

It is alleged that former PS David Kay breached the following standards of professional behaviour:

  • Honesty and Integrity

It is alleged that the officer breached the standards of professional behaviour by, whilst still serving in the MDP, misrepresenting that he was not a serving member of the force on LinkedIn, in order to benefit his personal electrical company.

It is alleged that this conduct, if proved, amounts to gross misconduct.

Finding: Gross Misconduct

Outcome: Dismissed without notice if still serving

Read the full outcome report: FPS Kay MDP Chair's Finding and Outcome (PDF, 92.2 KB, 11 pages)

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.

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