Forfeiture of police pension (1 October 2008-1 October 2009)

Report: 14
Date: 5 November 2009
By: Chief Executive on behalf of Chair of the Professional Standards Cases Sub-Committee

Summary

At its meeting on 4 June 2009, the Professional Standards Cases Sub-Committee agreed to submit an annual report, detailing the outcomes of pension forfeiture cases, to Strategic and Operational Policing Committee.

In publishing these decisions, the Sub-Committee hopes that they would heighten serving officers’ awareness of the consequences of being convicted of a criminal offence which they committed in connection with their service and at the same time help maintain public confidence in the Metropolitan Police Service.

A. Recommendation

That members note the contents of this report.

B. Supporting information

1. This report provides an overview of pension forfeiture cases that the Professional Standards Cases Sub-Committee (“the Sub-Committee”) has considered between 1 October 2008 and 1 October 2009, and their outcomes.

2. By way of background, the Sub-Committee derives its power to forfeit police pensions from the Police Pensions Regulations 1987 (“the Regulations”), as amended. It can only do so in specified circumstances, as set out in Reg K5. These are where the officer has been convicted of:

1. Treason;
2. Offences under the Official Secrets Acts 1911-1939 for which he has been sentenced to a term (or terms) of imprisonment of at least 10 years; or
3. A criminal offence which was committed in connection with service and which is certified by the Secretary of State either to have been gravely injurious to the interests of the state or to be liable to lead to a serious loss of confidence in the public service.

3. For the first two categories of offences, the decision whether or not to forfeit the officer’s pension rests with the Sub-Committee alone. In so far as the third category is concerned, the Sub-Committee must first apply to the Home Secretary for a certificate of forfeiture before it can take any steps to forfeit. Cases that come before the Sub-Committee commonly fall within this latter category.

4. In order to assist police authorities in deciding whether a case is suitable for forfeiture, hence warranting an application to the Secretary of State, the Home Office has issued guidance, the latest being circular 26/2006.

5. In circumstances where potentially an offence was committed in connection with the officer’s service, pension forfeiture is essentially a three-stage process, as follows:

Stage 1

6. The Sub-Committee will firstly determine on the facts whether the offence was committed in connection with the officer’s service as a member of the force. This is principally a question of both fact and law and the Sub-Committee will apply settled legal principles where necessary in order to determine that issue. If it is not satisfied, then this concludes the case.

7. If however a connection is established, which is on the Authority to prove on a balance of probabilities, then the Sub-Committee will proceed to determine whether the offence was either gravely injurious to the interests of the state or was liable to lead to a serious loss of confidence in the public service. In determining that issue, the Sub-Committee will consider the guidance issued by the Home Office. If this issue is resolved in the positive, the Sub-Committee will apply to the Home Secretary for a certificate of forfeiture.

8. At this stage in the procedures, the ex officer is afforded the opportunity to make both oral and written representations and can elect to be represented by a lawyer. No mitigation is allowed to be introduced at this stage, as it is not relevant to the Home Secretary’s consideration as to whether or not a certificate is justified.

Stage 2

9. Upon receipt of an application, the Home Secretary will determine whether or not to grant a certificate. She will only do so if satisfied that the offence was either gravely injurious to the interests of the state or was liable to lead to a serious loss of confidence in the public service, in addition to it having been committed in connection with the officer’s service as a member of the force. If the Home Secretary does not consider that either or both conditions are satisfied, she will decline the Authority’s application and that concludes the case. If she is however satisfied that both conditions necessary for an application have been met, she will issue a certificate.

Stage 3

10. In the event that a certificate is issued, the Sub-Committee will convene again to determine the extent of forfeiture. Prior to this, the officer is afforded the opportunity to make both written and oral representations and be represented by a lawyer. He is allowed to put in any mitigating circumstances.

11. In determining the extent of forfeiture, the Sub-Committee will take into account the particular facts of the case, any mitigation advanced by the officer, any previous decisions of the Crown Court and any recommendations made by the Authority. In particular, the Sub-Committee will take into account Human Rights issues. If considered necessary, the Sub-Committee will seek legal advice in respect of both the substantive and procedural laws.

12. An Equalities Advisor is available at both Stage 1 and Stage 2 to advise members in relation to equality issues.

13. The range of forfeiture available to the Sub-Committee is 0-65%, the remaining 35% being the officer’s own contribution which cannot be forfeit.

14. An appeal of the Sub-Committee’s decision to forfeit any part of a police pension lies to the Crown Court by virtue of Reg H5.

Cases determined between 1 October 2008 and 1 October 2009

15. Attached at Appendix 1 is a table of decisions made under each of the stages.

C. Race and equality impact

Whilst no equality issues arise from this report, however the process for considering forfeiture applications must be consistent with the requirements of equality best practice.

D. Financial implications

There are no financial implications for the Authority.

E. Legal implications

None given.

F. Background papers

• None

G. Contact details

Report author: Kalyanee Mendelsohn

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: Decisions made under each stage between 1 October 08 and 1 October 09

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