Misconduct Hearings and Police Appeals Tribunals (PATs)

Misconduct Hearings

A Misconduct Hearing is held when it has been determined, following an investigation, that a police officer has a case to answer in respect of misconduct or gross misconduct.

A Misconduct Hearing is heard by a Panel consisting of the West Yorkshire Chief Constable (the Chair) and two Independent Panel Members who are appointed by the West Yorkshire Mayor.

At least one of the Independent Panel Members must have qualifications or experience relevant for the purposes of disciplinary proceedings and neither is allowed to be, or have been, a police officer or police staff member anywhere in the UK.

For most cases, there will be a Legally Qualified Person present who isn’t a decision maker but is there to provide advice to the Panel and this person is also appointed by the West Yorkshire Mayor.

The Chief Constable is permitted to appoint a deputy to chair the Hearing who must be a senior officer, a former senior officer or, in some cases, a senior staff member.

Both the Independent Panel Members and the Legally Qualified Person are appointed on a rota basis. Details of how these ‘cab rank’ rotas operate are available here:

Independent Panel Members
Legally Qualified Person – Legally Qualified Chairs for Police Misconduct Hearings

The composition of the Misconduct Hearing panel is different when the case being heard involves a senior police officer.

There is more information about misconduct hearings on West Yorkshire Police’s website, including a list of the forthcoming hearings and the outcomes of previous hearings.

Police Appeals Tribunals (PATs)

Police Appeals Tribunals (PATs)

Police officers have a right of appeal against findings made under the Police (Conduct) Regulations 2020 or the Police (Performance) Regulations 2020.

Where the police officer is not a senior rank, the Tribunal Panel consists of a Chair (selected from a list maintained by the Home Office), a senior police officer and an Independent Panel Member.

Where the police officer is a senior rank, the Tribunal Panel consists of a Chair (selected from a list maintained by the Home Office), HM Chief Inspector of Constabulary and the Permanent Secretary to the Home Office.

In her role as Police and Crime Commissioner, the Mayor of West Yorkshire is responsible for the administration of the Police Appeals Tribunal. This involves liaising with all parties, appointing the tribunal chair and other members and paying their expenses, and working to the timescales set out in legislation.

Details of forthcoming PATs can be found on West Yorkshire Police’s website.

Observing a PAT

PATs will be held in public. A notice will be published on the West Yorkshire Police’s website in advance of the PAT. Members of the public can observe the proceedings but cannot take part. If the Chair decides to impose conditions on public observation of all or part of the hearing, West Yorkshire Police will provide an explanation for this in the notice on their website.

PATs are usually screened live to an accessible venue in Wakefield, the details of which will be confirmed to anyone wishing to attend. If you would like to observe a PAT, please email the Mayor of West Yorkshire’s Policing and Crime Team at policingandcrime@westyorks-ca.gov.uk preferably at least 2 working days before the PAT.

Confirmation of the arrangements will be emailed to you in advance but the following guidance applies:

• There are a limited number of seats and priority will be given to interested parties (those who have been affected by the officer’s conduct or their families)
• You will need to bring your own refreshments
• You will need to bring one form of photo ID
• Recording, photography and videoing is not permitted
• The Chair may impose other conditions before or on the day at their discretion
• Access will not be permitted to anyone who has not advised us in advance of their attendance

Any persons not adhering to the guidance may be asked to leave the venue.

Conclusion of the PAT

The Chair will produce a written report of the Tribunal’s determination and the reasons for it. The Chair will decide whether to publish the report. If it is published, it will be available on West Yorkshire Police’s website.

Opportunity

The Police and Crime Commissioners for the North East and Yorkshire region are seeking to appoint Legally Qualified Persons to join the list of people able to sit on police misconduct hearing panels.  These hearings preside over serious misconduct cases in what is an important aspect of the disciplinary rules that govern the police in England and Wales.

For details on the application processes follow the link here: LQP Advert March 2025

 

Related Documents:
Police Appeals Tribunals Rules 2020
Police (Conduct) Regulations 2020
Police (Performance) Regulations 2020
Police (Complaints and Misconduct) Regulations 2020