Police Appeals Tribunal Explained

Court Name:Police (Disciplinary) Appeals Tribunal
Established:1996
Authority:Police Act 1996Police Reform and Social Responsibility Act 2011
Appealsfrom:Police misconduct hearings
Jurisdiction:United Kingdom
Type:Home Office tribunal

In the United Kingdom, Police Appeals Tribunals hear appeals from police officer misconduct hearings. Officially the Police Appeals (Disciplinary) Tribunal, it is a 'virtual' non-departmental public body managed by the Home Office.[1] [2]

It was established by the Police Act 1996, and later reformed by the Police Reform and Social Responsibility Act 2011.

Proceedings

Hearings are facilitated and administered by the local police and crime commissioner (or equivalent body).[3] Proceedings in England are regulated by the Police Appeals Tribunals Rules 2020,[4] and in Scotland by the Police Appeals Tribunals (Scotland) Rules 2013.[5]

Unless the tribunal chair elects to hold the hearing in private, members of the public are able to attend PAT proceedings.[6]

Grounds for appeal

There are three possible grounds for appeal to a PAT:

  1. The finding or action imposed was unreasonable
  2. New evidence makes the findings incorrect or unreasonable
  3. The misconduct hearing was unfair or did not follow the correct procedures

Further avenues for appeal

Decisions of a PAT may be appealed to the High Court of Justice (or the Court of Session in Scotland), by way of judicial review.[7] [8]

Representation

Legal representation is not compulsory, and it is not uncommon for parties to represent themselves or use a friend.[9]

Tribunal members

The three members of the Tribunal will be:[10]

When the appellant is a senior officer, HM Chief Inspector of Constabulary and Fire and Rescue Services or an Inspector nominated by the them will replace the senior officer on the panel, and the Permanent Secretary to the Home Office or another senior Home Office officer nominated by them will replace the lay member.[11]

Criticism

In February 2024, Mark Rowley (the Metropolitan Police Commissioner) criticised the decision of a police appeals tribunal to overturn the 2021 dismissal of detective sergeant Neil Buckmaster, arguing that 'the final say on who works in [police forces' should lie with chief constables.<ref>{{cite news |last=Dodd |first=Vikram |date=2024-02-26 |title=Met detective sacked for racism has been reinstated and sent on leadership course |url=https://www.theguardian.com/uk-news/2024/feb/26/met-detective-police-sacked-racism |access-date=2024-02-28 |work=The Guardian |issn=0261-3077}}</ref> == See also == * [[Law enforcement in the United Kingdom]]

Notes and References

  1. Web site: 60716 response.pdf . 2024-02-28 . www.whatdotheyknow.com. 9 October 2020 .
  2. Web site: August 2014 . Triennial Review of the Police (Discipline) Appeals Tribunal .
  3. Web site: Police Appeals Tribunals . 2024-02-28 . www.southwalescommissioner.org.uk.
  4. Web site: 28 February 2024 . Police Appeal Tribunal Rules 2020 .
  5. Web site: 28 February 2024 . Police Appeal Tribunal Rules (2013) .
  6. Web site: Misconduct Hearings and Police Appeals Tribunals (PATs) . 2024-02-28 . West Yorkshire Combined Authority . en.
  7. Web site: Heather Williams J . 26 July 2022 . Met Commissioner v Police Appeals Tribunal .
  8. Web site: WILLIAM RAE CHIEF CONSTABLE OF STRATHCLYDE POLICE v. STRATHCLYDE JOINT POLICE BOARD+THE POLICE APPEALS TRIBUNAL+STEVEN ANDERSON WRIGHT FOR JUDICIAL REVIEW . 2024-02-28 . www.scotcourts.gov.uk.
  9. Web site: Police Disciplinary Tribunals Defence Barrister Police Disciplinary Lawyer . 2024-02-28 . kccrimelawyer.com.
  10. Web site: Police Appeal Tribunals - Essex Police and Crime Commissioner . 2024-02-28 . Essex Police, Fire & Crime Commissioner . en-GB.
  11. Web site: Police misconduct appeals London City Hall . 2024-02-28 . www.london.gov.uk . en.