Ministry of Defence Police: misconduct hearings

Question

Accepted Answer

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 MDP misconduct hearing registration form (PDF, 178 KB, 2 pages) 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: PC Coates

Alleged Conduct (& PSPBs breached):

PC Coates 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 before 30 October 2020, PC Coates made a comment on the MOD Police Friends Facebook page which was inflammatory and/or was of a sectarian and/or discriminatory nature and/or grossly offensive.

PC Coates is alleged to have breached the Standards of ‘Authority, Respect & Courtesy’, ‘Equality and Diversity’, and ‘Discreditable Conduct’.

It is alleged that the officer’s conduct amounts to gross misconduct.

Date and time: 22 April 2024 starting at 10am. It is expected to last for 5 days.

Location/Venue: Conference Room, Ministry of Defence Police HQs, Palmer Pavilion, RAF Wyton, Huntingdon PE28 2EA.

Applications to attend: Must be emailed to MDP-PSD-Group@mod.gov.uk by Monday 15 April 2024.

Upcoming police appeals tribunals

There are currently no upcoming police tribunals.

Previous hearings and outcomes

Subject Officer: PC Hutton

Alleged Conduct (& PSPBs breached):

PC Hutton answered 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 was 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 was alleged to have breached the Standards of Discreditable Conduct.

It was alleged that the officer’s conduct amounted to gross misconduct and was so serious as to justify his dismissal.

Date and time: 21 February 2024

Finding: Not proven

Subject Officer: Former Superintendent Yates

Alleged Conduct (& PSPBs breached):

Former Supt Yates answered 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 took place following his conviction for driving under the influence of excess alcohol.

Former Supt Yates was alleged to have breached the Standards of Discreditable Conduct.

It was alleged that his conduct amounted to gross misconduct.

Date and time: 25 March 2024

Finding: Gross misconduct

Outcome: Would have been dismissed without notice if still in the Force

Subject Officer: PC Hamilton

Alleged Conduct (& PSPBs breached):

PC Hamilton answered 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 took place following his conviction for dangerous driving.

PC Hamilton was alleged to have breached the Standards of Discreditable Conduct.

It was alleged that the officer’s conduct amounted to gross misconduct.

Date and time: 25 March 2024

Finding: Gross misconduct

Outcome: Final Written Warning (5 years)

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: 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:

Honesty and integrity
Duties and responsibilities

Date: 2 to 3 November 2023

Finding: Gross misconduct

Outcome: Would have been dismissed without notice if still in the Force

Previous police appeals tribunals and outcomes

There are currently no previous appeals tribunals to list.

Ministry of Defence Police: misconduct hearings

Misconduct hearings

Accelerated Misconduct Hearings

Police Appeals Tribunals

What happens at a misconduct hearing

What happens at an Accelerated Misconduct Hearing

What happens at a Police Appeals Tribunal

Attending a misconduct hearing

Private hearings

Upcoming hearings

Upcoming police appeals tribunals

Previous hearings and outcomes

Previous police appeals tribunals and outcomes

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Cookies on GOV.UK

Ministry of Defence Police: misconduct hearings

Misconduct hearings

Accelerated Misconduct Hearings

Police Appeals Tribunals

What happens at a misconduct hearing

What happens at an Accelerated Misconduct Hearing

What happens at a Police Appeals Tribunal

Attending a misconduct hearing

Private hearings

Upcoming hearings

Upcoming police appeals tribunals

Previous hearings and outcomes

Previous police appeals tribunals and outcomes

Related information

Related content

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK