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Police Misconduct Hearings and Police Appeals Tribunals are governed by statute. The purpose of the police misconduct regime is to:
A Police Misconduct Hearing Panel is likely to be convened to hear allegations of serious cases of misconduct by police officers. The most severe outcome at this hearing would be dismissal from the police service without notice. Cases would include for example, allegations of criminal acts, serious road traffic matters such as drink/driving and other serious breaches of the standards of professional behaviour expected of police officers such as neglect of duty.
Until 2008 cases of alleged serious misconduct were heard by Chief Constables, or on their behalf by another senior police officer. From 2008, a misconduct hearing panel of three comprised a senior police officer, another officer senior in rank to the accused officer and a lay person.
Between 2012-2024 the panel for each case comprised three persons: a legally qualified chair (LQC), a senior police officer (usually a Superintendent or Chief Superintendent) and an Independent Panel Member (IPM).
Since May 2024 the panel consists of three people: the Chair (the Chief Constable or delegated senior person) and two IPMs (one with relevant experience). A Legally Qualified Person (LQP) is also appointed to give guidance to the panel (but they do not have a decision-making role).
Since 2014 police misconduct cases have been heard in public, except where there are special reasons for all or part of a hearing to be in private.
Police Appeals Tribunals deal with appeals from misconduct hearings and fast track hearings and appeals by senior officers from misconduct meetings. A Police Appeals Tribunal consists of a legally qualified Chair drawn from a list appointed by the Home Secretary, a senior officer and an IPM.
The role of the LQP is to advise the panel on legal and procedural issues relating to the misconduct proceedings. LQPs do not sit in a decision-making capacity. The LQP is expected to proactively provide advice where necessary throughout the proceedings and would normally attend any pre-hearing.
The chair may also require the LQP to provide advice to the panel on specific issues which arise and to draft the written report at the end of the hearing. All panel members must have regard to any advice provided by the LQP.
Further information can be found in the LQP Handbook LQP Handbook - August 2024.pdf which has been produced by the Association of Policing and Crime Chief Executives (APACCE). This is an advisory document, but for the sake of national and regional consistency, Wiltshire OPCC relies on its provisions (except where it specifically departs from them).
LQPs are appointed to the List for the OPCC for Wiltshire and Swindon after making a successful application in accordance with selection criteria that include being able to demonstrate qualities and abilities appropriate for the role of panel adviser: intellectual capacity, an ability to understand and deal fairly, authority and communication skills, efficiency.
LQPs must satisfy the judicial appointment eligibility condition on a 5-year basis as set out in section 50 of the Tribunals, Courts and Enforcement Act 2007.
Although not holders of public office as such, LQPs will be expected to abide by the Principles of Standards in Public Life (The Nolan Principles).
Appointment is for a term of four years which may be extended by agreement. There is no upper or lower age limit (apart from any statutory retirement age for judicial appointments).
In the interests of fairness and transparency an LQP is normally selected for a hearing from the panel list using the ‘cab rank’ system. This means the OPCC will select the next LQP on the list and request their availability for the hearing date. If an LQP is not available, the OPCC will go to the next one on the list (and so on) and the LQP who was not available will remain at the front of the list for next time. If the LQP is available, they will be formally appointed to that hearing in accordance with Regulation 28 of the Police (Conduct) Regulations 2020 as amended.
Fees and expenses are paid in accordance with the Scheme of Allowances.
The main points are summarised below:
Full day i.e. sittings of more than 4 hours (excluding meal breaks): £511.56
Half day i.e. sittings of 4 hours or less (excluding meal breaks): £255.78
A fee of £85 for each hour necessarily spent in preparatory work or report writing.
The maximum preparation and report writing fee that can be claimed is £1050 for each misconduct hearing (unless varied by written agreement of the Chief Executive of the OPCC).
Travel and expenses are paid according to the Scheme of Allowances.
We are not currently recruiting more LQPs. (Current LQPs on our list previously acted as Legally Qualified Chairs prior to the changes in 2024.) However, if you are interested in this role, please email [email protected] and we will be happy to keep your name on a list of potential applicants who we will notify when the role is advertised again in the future.