Misconduct in a Public Office
Common Law
Holder of a public office
Does anything that amounts to
*Malfeasance (wilful / intentional misconduct)
*Culpable misfeasance (wilful / intentional neglect of duty)
Amounting to an abuse of public trust in the office that they hold
Resulting in an abuse of public power, exercised in bad faith
During the course of their duties
Without either justification or reasonable excuse.
This offence should only be prosecuted when either:
*There is no STATUTORY offence which deals with the conduct
*There is a statutory offence but it would either be difficult to approve, or the sentencing powers for that offence are inadequate.
Impersonating a Police Officer
s90 Police Act 1996
With intent to deceive
Impersonates / does an act / makes a statement
Calculated to falsely suggest that they are either
A member of the police force / a special constable.
Wearing or possessing a police uniform
s90 Police Act 1996
Police Uniform = any article of uniform, any distinctive badge or mark, or any document of identification usually issued to members of police forces or special constables
(1)
Person who is not a constable
Wears any article of police uniform
That gives the appearance of being a member of a police force
So as to be calculated to deceive.
(2)
Person who is not a constable / special constable
Has in their possession
Any article of police uniform (including document of ID)
Unless they prove that both:
*They obtained possession of it lawfully
*They have possession of it for a lawful purpose
Impersonating a Designated or Accredited Person
s46 Police Reform Act 2002
With intent to deceive either:
*Impersonates
*Does an act or makes a statement calculated to falsely suggest that they are
*Does an act or makes a statement calculated to falsely suggest that they have powers that exceed their role as:
A designated person / Accredited person / Accredited inspector.
Causing Disaffection amongst the Police
s91 Police Act 1996
(1)
Cause / attempt to cause / do any act calculated to cause
Disaffection
Amongst members of any police force.
(2)
Induce / attempt to induce / do any act calculated to induce
Any member of a police force
To withhold their services
Improper Exercise of Police Powers & Privileges
s26 Criminal Justice & Courts Act 2015
Police / BTP / Special constable / NCA officer with constable powers either:
Exercise improperly / Fail to exercise properly
The powers and privileges of a constable
For the purpose of either:
*A benefit to the officer
*A benefit or detriment to another person
Either financial or otherwise / Either permanent or temporary.
A reasonable person would not expect the power / privilege to be exercised
For such purposes.
The officer either knows / ought to know
That the power is being exercised improperly.
Unsatisfactory Performance or Attendance
The inability or failure of a police officer to perform their role or rank
To a satisfactory standard or level.
UPP applies to all police officers up to and including Chief Superintendent &
Special constables who either contest that their P/A is unsatisfactory, or agree that it is unsatisfactory but state that they want to continue their role.
UPP does not apply to:
*Police officers above the rank of Chief Superintendent
*Police officers within their probationary period
*Police officers with an underlying medical condition which may amount to a disability under the Equality Act 2010; where the P/A issues are due to that medical condition. (Such officers should be referred to Occupational Health).
Management Action
The line manager should collate all evidence relating to the MA; and record:
*The nature of the issue
*The advice given
*Action points to address the issue
*A reasonable time limit to improve
If the officer’s P/A has not either improved sufficiently or sustained improvement then UPP can be adopted.
Attendance Based Issues
The reason for the absence will determine how it is dealt with:
*Unauthorised non-sickness related absence = Misconduct Procedures
*Minor (not persistent) sickness related absence = Management Action
* Persistent sickness-related absence = consider UPP.
UPP Stages
First Stage
Designed to deal with UPA that was either unsuitable for management action or MA did not produce the desired improvement.
Second Stage
Designed to deal with UPA which a first stage written improvement notice has failed to address.
Third Stage
Designed to deal with either ongoing UPA which a second stage written improvement notice has failed to address; or a single act of gross incompetence.
An officer will only progress to the next stage if there is further UPA that is either SIMILAR or CONNECTED to UPA referred to in a previous written improvement notice (issued at a prior stage of the UPP).
UPP First Stage
If the officer’s Line Manager decides, following the UPP First Stage Meeting, that the officer’s P/A is unsatisfactory, then the line manager must send the officer ASAP:
(1) A written summary of the meeting
(2) A notice outlining the right to appeal and to whom* to submit an appeal
(3) A Written Improvement Notice setting out:
(a) How the officer’s P/A was unsatisfactory
(b) The improvements required to bring their P/A up to an acceptable standard
(c) The specified period** within which to make the necessary improvements
(d) The validity period of the Written Improvement Notice (12 months)
(e) A notice explaining that the officer has the right to make written comments on the record of the meeting (unless they are appealing) within 7 working days from receipt (or longer at the line manager’s discretion).
(4) An agreed Action Plan which the officer should co-operate with implementing. The Action Plan should outline the following:
(1) Weaknesses causing the UP/A are identified.
(2) Steps to be taken to improve and support measures available to assist.
(3) A time-frame within which to follow up on the actions.
(4) A date to review progress.
*The appeal will be heard by a Second Line Manager, who will notify the officer in writing of their decision within 3 working days of the day after the appeal meeting.
**The specified period should not normally exceed 3 months. This can be extended on application of the officer or line manager. The specified period can only exceed 12 months in exceptional circumstances.
UPP Second Stage
Invoked where a Second Line Manager (2LM) finds that the UPA in the Written Improvement Notice issued at the First Stage has either:
(a) Not improved to an acceptable standard during the Specified Period
(b) Improved to an acceptable standard during the Specified Period, but not maintained throughout the Validity Period
The 2LM will inform the officer:
(1) The respects in which their performance or attendance continues to be unsatisfactory
(2) The improvement that is required
(3) That the officer will receive a Final Improvement Notice
(4) That if an improvement is not made within the Specified Period, they may be required to attend a Third Stage Meeting.
(5) That if improvement is not maintained throughout the Validity Period, they may be required to attend a Third Stage Meeting.
The 2LM will supply to the officer:
(1) The written record of the Second Stage Meeting.
(2) A notice explaining that the officer has the right to make written comments on the record of the meeting within 7 working days from receipt (or longer at the line manager’s discretion).
(3) A Final Improvement Notice
(4) A notice outlining the right to appeal*, and to whom to submit an appeal
(5) An agreed Action Plan which the officer should co-operate with implementing. The Action Plan should outline the following:
(a) Weaknesses causing the UP/A are identified.
(b) Steps to be taken to improve and support measures available to assist.
(c) A time-frame within which to follow up on the actions.
(d) A date to review progress.
*The appeal will be heard by a Senior Manager
Potential outcomes of a Second Stage Meeting:
(1) Extended improvement notice (exceptional circumstances)
(2) Redeployment
(3) Reduction in rank (only applies to performance)
(4) Dismissal
UPP Third Stage
Can be invoked where:
(1) UPA in the Final Improvement Notice issued at the Second Stage has either:
(a) Not improved to an acceptable standard during the Specified Period
(b) Improved to an acceptable standard during the Specified Period, but not maintained throughout the Validity Period
(2) A single instance of gross incompetence i.e. a serious inability or failure of a police officer to perform either the duties of the rank or the role that they are currently undertaking to a satisfactory standard or level, to the extent that dismissal would be justified.
Potential outcomes of a Third Stage Meeting (not gross incompetence):
(1) Redeployment
(2) Reduction in rank (only applies to performance)
(3) Dismissal (minimum 28 days notice)
(4) Extended Final Improvement Notice (exceptional circumstances)
Potential outcomes of a Third Stage Meeting (gross incompetence):
(1) Redeployment
(2) Reduction in rank (only applies to performance)
(3) Dismissal (with immediate effect)
(4) Final Improvement Notice
Adjournments
A line manager conducting a meeting may adjourn if he feels it is necessary or expedient to do so.
An adjournment may be appropriate where information which needs to be checked by the line manager emerges during the meeting or they decide that they wish to adjourn the meeting while they decide or seek advice from other staff who may have more experience in the field.
There are no restrictions or time limit on the length of the adjournment under the regulations.
Appeals
A police officer has a right of appeal against the finding and the terms of the improvement notice imposed.
Any appeal should be made in writing within seven working days following the day of the receipt of the improvement notice and written record of the meeting (unless the period is extended by the second line manager following an application by the police officer).
Stage 1 Appeal to 2nd Line Manager
Stage 2 Appeal to Senior Officer or Manager
The respondent to the appeal shall as soon as practicable or within 15 working days after receipt of the notice of appeal (beginning 1st working day after receipt) provide the relevant local policing body with:
1) A written copy of the judgment of the decision appealed against.
2) Any documents that were made available at that prior meeting / hearing.
3) Any transcript (or part) of the original hearing requested by the officer – which shall also be supplied to the officer.
The method of conducting the appeal will depend upon whether the officer consents to a paper appeal or not.
If the officer consents to a paper appeal - The LCQ will decided whether to conduct the appeal via the papers alone; or via a hearing.
If the officer objects to a paper appeal – a hearing shall be held.
And the decision shall be made by the LQC within 10 working days of receipt of the papers.
Vicarious liability of Chief Officers
Chief officers will be vicariously liable for the UNLAWFUL CONDUCT of their officers and employees when they are either performing or purportedly performing their duties.
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ASB / Protecting Citizens in the Community31
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Complaints & Misconduct27
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Detention & Treatment of Persons24
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Domestic Abuse11
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Hatred & Harassment22
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Powers of Arrest16
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Protecting the Mentally Disordered15
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Public Order - Processions & Assemblies30
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Stop & Search21
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Unsatisfactory Performance & Attendance16
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Weapons Offences4
