Fears about 'Kangaroo court' hearings over police misconduct reforms

The Government last week announced major reforms to the system in a bid to root out rogue and dangerous cops.

Chief constables or their deputies will replace independent lawyers chairing misconduct panels, which hear allegations of wrongdoing by officers.

Anyone found to have committed gross misconduct will be sacked automatically – at present they could be dismissed, demoted or given a written warning – and new regulations will see police and staff fired if they fail re-vetting checks, which are being beefed up.

Former Avon & Somerset chief constable Andy Marsh, now the College of Policing chief executive, welcomed the changes, saying they would give senior officers the power to swiftly remove officers who fell far short of acceptable standards.

But Mark Loker, chairman of the force’s Police Federation, which represents rank-and-file officers, criticised the reforms, saying they would “do nothing to shore-up public confidence in policing”.

In a post on Facebook he said: “I can assure you that none of us want the worst of us serving the best of us, but what these new foundations lay is the ability to get rid of anyone on a whim.

“This is a retrograde step to a legal process that has never been designed to retain the services of officers who should not be wearing the same uniform as the vast majority of our exemplary colleagues.”

Mr Loker said the current system that has misconduct panels chaired by lawyers called Legally Qualified Chairs (LQCs) was “a fair, transparent judicial scrutiny of behaviour on a case-by-case basis that removes emotion or pressure from ideology that is fashionable at that time and where Chief Constables believe they have to react to”.

Former Avon & Somerset chief constable Andy Marsh has welcomed the changes. (Image: Avon and Somerset Police)

He said: “These reforms have the potential to be nothing more than ‘kangaroo courts’.

“These reforms will make a Chief Constable judge and jury – and we will be susceptible to their opinion, potential lack of objectivity, and most certainly not allowing for fair process in what is easily one of the most difficult times in any police officer’s career.

“Not every police officer who is investigated following a complaint or report of gross misconduct is corrupt or deserving to be dismissed simply because they are investigated. 

“We need the professional standards department’s assessment on conduct to reflect as such, otherwise this will not address behaviour – it will only promote fear and a lack of contrition for fear of dismissal. 

“The regulations introduced in 2020 were designed with learning at their core because it was recognised that simply dismissing ‘issues’ isn’t the answer – it does nothing to address the behaviour and promote public confidence in our service. 

“Panels are directed to consider less severe outcomes before more severe.

“The framework is sound and it works – Legally Qualified Chairs are doing their jobs.”

LQCs will be retained under the changes but only in an advisory or supporting role to senior officers on panels.

Avon & Somerset Police Federation chairman Mark Loker. (Image: von & Somerset Police Federation)

The reforms follow a series of tragedies and scandals including the murder of Sarah Everard by Metropolitan Police officer Wayne Couzens and the conviction and jailing of another Met PC, serial rapist David Carrick.

Mr Marsh said: “There is no place in policing for anyone who behaves in a way that damages the public’s trust in us to keep them safe.

“I welcome [the] announcement which means chiefs officers can swiftly root out those who are damaging policing and falling far short of our commitment to public service.

“I was a chief constable in two police forces and I know first-hand the frustration of having to keep officers that I would have otherwise sacked.

“Last year I began asking for this change to take place and it means chief officers will be in control of who walks the streets in their uniform.

“I know from more than 30 years in policing that the vast majority of officers are dedicated public servants who work hard every day to keep people safe.

“They do not wish to work alongside officers who commit crimes or impact the trust people have in us.

“The process will be fair but those who commit serious misconduct can expect to be sacked.”

Home Secretary Suella Braverman said: “Corrupt police officers and those who behave poorly or fail vetting must be kicked out of our forces.

“For too long our police chiefs have not had the powers they need to root out those who have no place wearing the uniform.

“Now they can take swift and robust action to sack officers who should not be serving our communities.”