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 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 whilst 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: Superintendent Yates
Alleged Conduct (& PSPBs breached):
Superintendent Yates will answer allegations that he breached the Standards of Professional Behaviour set out in Schedule 3 to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020.
An accelerated misconduct hearing will take place following his conviction for driving under the influence of excess alcohol.
Superintendent Yates is alleged to have breached the Standards of Discreditable Conduct.
It is alleged that his behaviour amounts to gross misconduct.
Date and time: 25 March 2024 starting at approximately 1pm.
Location/Venue: Main Conference Room, Ministry of Defence Police HQ, Palmer Pavilion, RAF Wyton, Huntingdon PE28 2EA.
Applications to attend: Send to MDP-PSD-Group@mod.gov.uk by 19 March 2024.
Subject Officer: PC Hutton
Alleged Conduct (& PSPBs breached):
PC Hutton will answer allegations that he 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 on or around 10.15pm on 10 August 2022, whilst off-duty, following a verbal altercation he physically attacked a member of his family.
PC Hutton is alleged to have breached the Standards of Discreditable Conduct.
It is alleged that the officer’s conduct amounts to gross misconduct and is so serious as to justify his dismissal.
Date and time: 21 February 2024 starting at approx. 10am and is expected to last for three days.
Location/Venue: Conference Room, Ministry of Defence Police HQ, RAF Wyton PE28 2EA.
Applications to attend: Send to MDP-PSD-Group@mod.gov.uk by 14 February 2024.
Upcoming police appeals tribunals
There are currently no upcoming police tribunals.
Previous hearings and outcomes
Subject Officer: PS Bartrum
Alleged Conduct
PS Bartrum answered allegations that he breached the Standards of Professional Behaviour as set out in the Ministry of Defence Police (Conduct, Performance And Appeals Tribunals) Regulations 2020 in respect of ‘Discreditable Conduct’.
It was alleged that on 9 January 2021 PS Bartrum sent messages to his partner threatening to burn her possessions if she did not collect them. On 11 January 2021 PS Bartrum’s partner attended his property to collect her possessions. PS Bartrum spoke abusively and acted aggressively towards his partner inside the property. Later, he went outside the property where he spoke abusively to his partner and pushed her in the shoulder, causing her to move backwards. It was alleged his behaviour is so serious that it amounts to gross misconduct.
Date: 27 to 29 November 2023
Finding: Proven
Outcome: Dismissal without notice
Subject Officer: PC Cartwright
Alleged Conduct
It is alleged that on two separate occasions PC Cartwright made disrespectful and/or inappropriate remarks to a female fellow student officer. The relevant authority asserted that PC Cartwright had breached the following Standards of Professional Behaviour:
Date: 8 to 10 November 2023
Finding: Gross misconduct
Outcome: Final Written Warning (five years)
Subject Officer: Former PC MacDiarmid
Alleged Conduct
It is alleged that, between November 2020 and May 2021, then Student Officer PC MacDiarmid made submissions as part of his ‘Skills for Justice’ development portfolio to achieve his Level 3 Diploma in Ministry of Defence Policing and to be confirmed in rank, that contained plagiarised material from another Student Officer.
Former PC MacDiarmid has since resigned from the Ministry of Defence Police.
These allegations amount to a breach of the Standards of Professional Behaviour, in respect of:
Date: 2 to 3 November 2023
Finding: Gross misconduct
Outcome: Would have been dismissed without notice if still in the Force
Subject Officer: PC Ashe
Alleged Conduct
It is alleged that on 17 September 2022, whilst undertaking armed stand-off guard duty, PC Ashe was asleep and / or listening to a podcast on his personal mobile device via a single ear bud, during his allocated guard time.
These allegations amount to a breach of the Standards of Professional Behaviour, in respect of:
Date: 23 to 24 October 2023
Finding: Gross misconduct
Outcome: Final written warning (2 years)
Subject Officer: PC Phillips
Alleged Conduct
On 27 February 2023 it is alleged whilst driving his motor vehicle along Winchester Road, Basingstoke the proportion of alcohol in PC Phillips’s breath was 68mg in 100ml of breath, exceeding the prescribed limit. On 21 March 2023 PC Phillips pleaded guilty to an offence contrary to s.5(1)(a) of the Road Traffic Act 1988.
The conduct of PC Phillips fell below the required standard of Discreditable Conduct, amounting to Gross Misconduct, and a breach of the Standards of Professional Behaviour that is so serious as to justify his dismissal
Date: 13 June 2023
Finding: Proven
Outcome: Would have been dismissed without notice had he still been a serving MOD Police Officer.
Subject Officer: PC Du-Prat
Alleged Conduct
It is alleged that on 4 December 2021 PC Du-Prat failed to report for duty at AWE Aldermaston at the rostered time of 06.45hrs. Later that day, PC Du-Prat submitted
a Police Form 271 stating that he had been in contact with his landlord which had made him late for work. This was also the reason he gave to Inspector McAdam who interviewed PC Du-Prat on 29 April 2022 concerning the allegations of his failure to report for duty, and it was found to be untrue, and that PC Du-Prat had been dishonest.
The conduct of PC Du-Prat fell below the required standards and is in breach of the PSPBs: Honesty and Integrity; Duties and Responsibilities; and Discreditable Conduct. The matters alleged amount to Gross Misconduct and is so serious it justifies his dismissal.
Date: 13 June 2023
Finding: Proven
Outcome: Final Written Warning five years
Subject Officer(s): Former PC Jones
Date of Hearing: 2 May 2023
Alleged Conduct (& PSPBs breached):
It was alleged that, in April and August 2021, then Student Officer PC Jones, made submissions as part of his ‘Skills For Justice’ Development Portfolio in order to achieve his Level 3 Diploma in Ministry of Defence Policing and in order to be confirmed in rank, which contained material that he had plagiarised from other student officers.
Former PC Jones was found to have breached the Standards of Professional Behaviour of Orders and Instructions and Honesty and Integrity.
It was found that Former PC Jones’ conduct amounted to gross misconduct, and therefore his conduct was so serious that Former PC Jones would have been dismissed had he not ceased to serve with a police force.
Finding: Proven
Outcome: Officer would have been dismissed if still serving.
Subject Officer: Former PC Gardner and PC Toms
Date of hearing: 25 to 27 April 2023, starting at 10am.
Alleged Conduct (& PSPBs breached):
PC Toms answered allegations that he breached the Standards of Professional Behaviour as set out in the Ministry of Defence Police (Conduct, Performance And Appeals Tribunals) Regulations 2020 in respect of ‘Authority, respect and courtesy’, ‘Discreditable conduct’ and ‘Challenging and reporting improper conduct’.
Ex PC Gardner was not present nor was represented as per his request.
It was alleged that Former PC Gardner and PC Toms displayed inappropriate behaviour and/or used inappropriate language and failed to challenge or report the conduct. It was alleged their behaviour is so serious that it amounts to gross misconduct.
PC Toms
Finding: Proven
Outcome: Final Written Warning (3 Years)
Former PC Gardner
Finding: Proven
Outcome: Officer would have been dismissed if still serving
Subject Officer: PS Osman
Date of hearing: 27 to 31 March 2023.
Location/Venue: MDP HQ, Palmer Pavilion, RAF Wyton, Huntingdon, PE28 2EA
Alleged Conduct (& PSPBs breached):
PS Osman answered allegations that they breached the Standards of Professional Behaviour as set out in the Ministry of Defence Police (Conduct, Performance And Appeals Tribunals) Regulations 2020 in respect of ‘Honesty and Integrity’ and ‘Discreditable Conduct’.
It was alleged that PS Osman logged on to the MODNet account of another MDP officer to make unauthorised changes to the MDP Duty Roster. It was alleged his behaviour is so serious that it amounts to gross misconduct.
Finding: Proven.
Outcome: Dismissal without notice.
Previous police appeals tribunals and outcomes
There are currently no previous appeals tribunals to list.