Guidance

Ministry of Defence Police: misconduct hearings

Find out about misconduct hearings involving Ministry of Defence Police (MDP) officers and how to attend these public hearings.

Misconduct hearings

To increase openness and transparency in the MDP (and the police service in general), misconduct hearings and special case hearings 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) which is so serious that dismissal would be justified’. Misconduct hearings form part of the disciplinary process and are not criminal proceedings.

The decision to hold hearings in public was announced by the Home Secretary in 2015. This necessitated an amendment to the Ministry of Defence Police (Conduct etc.) Regulations 2015, which came into effect for all cases where an officer was given notice to attend a misconduct hearing after 1 March 2017.

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).

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 gross misconduct, depending on the circumstances, the available outcomes are:

  • dismissal (with or without notice)
  • final written warning
  • written warning
  • management advice
  • no further action

Officers dismissed from the force may also be placed on the Disapproved Register. This prevents them from gaining further employment as a police officer with any other force in the UK.

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, 25.5KB, 2 pages) ; they must also provide valid photo identification (e.g. passport/driving licence) upon attendance
  • 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.

Details and outcomes of misconduct hearings

Details of forthcoming misconduct hearings and outcomes of previous misconduct hearings will be published below. The outcome will be published for a period of up to 28 days, commencing 7 to 12 working days from the conclusion of the misconduct proceedings.

Forthcoming misconduct hearings

Subject Officer: Constable 2882 Kevin SALKADIP

Alleged conduct (and PSPBs breached): PC Kevin Sakaldip, based at RAF Alconbury, will answer allegations that he breached the Standards of Professional Behaviour as set out in Regulation 3 and the Schedule to the Ministry of Defence Police (Conduct) Regulations 2015 in respect of ‘Discreditable Conduct’, ‘Orders and Instructions’, ‘Duties and Responsibilities’ and ‘Honesty and Integrity’ in that:

  1. Between Sunday 8 April 2018 and Monday 9 April 2018, PC Sakaldip was assigned to perform the duties of an armed night duty patrol officer based at RAF Alconbury. At approximately 02:10 on Monday 9 April 2018, PC Sakaldip was found asleep within the Ministry of Defence Police building at RAF Alconbury and was therefore unable to perform his assigned duties. He thereby placed the security of MDP buildings / equipment / personnel at risk
  2. PC Sakaldip completed an MDP armed patrol without being in possession of a PAVA incapacitant spray
  3. PC Sakaldip made a dishonest entry in the MDP Armed Duty Book and submitted a dishonest MDP Occurrence Report

It is alleged that the matters set out above are individually and/or collectively so serious that they amount to gross misconduct and justify dismissal.

Date: Wednesday 13 to Friday 15 February 2019 Time: 10:00 am (13 Feb) and 9am (14 to 15 Feb) Venue: Building 66, MDPHQ, MDP Wethersfield, Braintree, Essex, CM7 4AZ Applications to attend to be received by: Monday 4 February 2019 (please use registration form above)

Subject officer: Sergeant 3006 Richard Jesse Holland

Alleged conduct (and PSPBs breached):

It is alleged that, on 10 November 2017, PS Holland reported for duty at Regents Park Barracks whilst unfit owing to the effects of alcohol, in breach of the Police Standards of Professional Behaviour (PSBP), as set out in Regulation 3 and the Schedule to the Ministry of Defence Police (Conduct) Regulations 2015, in respect of:

  • duties and responsibilities
  • fitness for duty
  • discreditable conduct.

It is further alleged that, on 21 November 2017, PS Holland was dishonest in the subsequent written report of the incident to superior officers in two distinct respects, in breach of the PSPB of Honesty and Integrity.

It is alleged that the matters set out above, individually and cumulatively, amount to gross misconduct given the nature, the circumstances and the seriousness of the conduct alleged.

Date: : Monday 21 to Thursday 24 January 2019

Time: 10:00am (21 January) and 9:00am (22 to 24 January)

Venue: Building 66, MDPHQ, MDP Wethersfield, Braintree, Essex, CM7 4AZ

Applications to attend to be received by: Monday 14 January 2019 (please use registration form above)

Previous misconduct hearings and outcomes

Subject officer(s):
Date:
Alleged conduct (and PSPBs breached):
Finding:
Outcome:

Published 12 June 2017
Last updated 21 January 2019 + show all updates
  1. Updated forthcoming misconduct hearings.
  2. Updated Forthcoming misconduct hearings information.
  3. First published.