By Tony O’Reilly-
In a significant move to bolster accountability and restore public trust, the UK government has announced that police officers found guilty of gross misconduct in England and Wales will now face automatic sackings.
The outcome of misconduct hearings will be determined by a majority panel decision, and hearings will continue to be held in public to maintain transparency.
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The changes follow a four-month review looking at the effectiveness of the police officer dismissal process.
The reform is not without its critics, however. The Police Federation, which represents rank and file officers, has expressed concerns about the change, labeling it a “return to kangaroo courts.” They argue that officers should have the opportunity to defend themselves and that the reform may undermine due process.
Responding to the announcement, PFEW national chair Steve Hartshorn said: “Corrupt officers have no place in the police service. We agree the police dismissals process must be robust to remove officers who do not belong in the service as swiftly as possible, and can be strengthened.
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Many of the regulation changes set to go ahead completely go against what we warned in our submission to the Home Office.
“Chief constables presiding once again over misconduct hearings is a huge retrograde step during a pivotal moment where we are looking to improve the service and restore public confidence.
“LQCs were introduced for sound and legally reasoned judgments, reduced appeals, fair and consistent decisions, greater transparency and increased public confidence.
It was a system which was working, and the Government should have taken steps towards strengthening the role of LQCs, who were unbiased and free of undue political and social pressures.
“A return to the dark days, a return to kangaroo courts, whereby an officer is already guilty in the eyes of the chief officer before any evidence is heard, and they already know what outcome they want to see, is deeply concerning.
“There may be an independent panel behind them, with a legally qualified person, and the outcome is determined by a majority panel, but giving chief constables the power to challenge could see them appeal until they get the outcome they want, which is not necessarily in the best interest of those involved in the case.
“The Government continues to refer to them as ‘independent misconduct panels’, although they will now no longer be truly independent.”
Reform
This groundbreaking change marks a crucial reform in the system, addressing concerns that have long plagued the police force regarding delays in addressing misconduct cases and fostering transparency.
Home Secretary Suella Braverman emphasized that the reform is necessary to uphold public confidence and ensure that officers who tarnish the uniform face no place to hide.
Braverman said: “For too long our police chiefs have not had the powers they need to root out those who have no place wearing the uniform.
“The public must have confidence that their officers are the best of the best, like the vast majority of brave men and women wearing the badge, and that’s why those who disgrace the uniform must have no place to hide.
The decision to introduce automatic sackings comes after a series of high-profile cases involving police officers who were responsible for heinous crimes such as rape and murder.
These incidents have cast a shadow on the police force’s integrity and underscored the urgent need for reforms that hold officers accountable for their actions.
Under the previous system, the process of addressing misconduct was marred by protracted investigations and lengthy proceedings.
In many instances, officers found guilty of gross misconduct faced considerable delays before facing any consequences.
This not only eroded public trust but also perpetuated a sense of impunity among a small fraction of officers.
The introduction of automatic sackings now marks a clear departure from this flawed approach, aiming to swiftly address instances of misconduct and ensure that officers who breach public trust are held accountable.
The new system will involve chief constables or their deputies presiding over misconduct panels that hear serious allegations against officers, a role previously occupied by an independent lawyer.
Decision Making Process
This change is expected to streamline the decision-making process and enable quicker responses to cases of gross misconduct.
Home Office data on police misconduct shows that in the year ending March 2022, 12 officers out of 267 found guilty of gross misconduct were not punished with dismissal from the police.
Of the 267 officers, 136 resigned or retired before they could be formally sanctioned.
Furthermore, amendments to the Police Regulations will allow for the dismissal of police officers who fail re-vetting checks. This change emphasizes the importance of maintaining the highest standards of conduct and behavior within the police force.
Policing minister Chris Philp has emphasized that these changes target the “small minority of police officers who let down the police force, and therefore let down the public.” The reform aims to ensure that officers who fail to uphold the values and responsibilities associated with their uniform face swift and appropriate consequences.
The move towards automatic sackings has been widely supported by senior figures within the policing community. Metropolitan Police Commissioner Sir Mark Rowley has publicly advocated for this change, noting that independent lawyers may be “more forgiving” of misconduct compared to senior police officers.
A review of the Metropolitan Police conducted by Baroness Casey revealed that the introduction of independent chairs to run hearings led to a decrease in the number of officers dismissed for gross misconduct.
While Labour has called for further reforms, including the suspension of officers under investigation for rape and domestic violence, the new policy represents a significant step forward in addressing longstanding challenges within the police force.
What appears to be a no nonsense reform and potentially drastic, needs to be on the whole reasonable and circumspect in its implementation.
Clear procedures and definite stages of incident rather than’ automatic dismissal’ requires transparent processes of justice. Also, sacking cannot be the response to every offence.
Room for prosecution as is fit for the general public should also be considered.
Under new plans announce this year, recruitment of police officers will be more rigorous and should definitely exclude people already tainted with criminal records or even records of cautions in any crime.
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