Minutes

Minutes of the ACPO Conduct Sub-committee meeting on 11 December 2002 held at Committee Room 6, City Hall, Queens Walk, London, SE1.

Present

Members

• Jennette Arnold
• Graham Tope
• Rachel Whittaker (Chair)

MPA staff:

• Catherine Crawford (Clerk to the Authority)
• Alan Johnson (Head of Human Resources and Professional Standards)
• Judith Chrystie (Solicitor – Secondee)

MPS staff:

None.

Also present: Diane Dunning (Solicitor).

Part 1

24. Election of Chair

(Agenda item 1)

Resolved – That Rachel Whittaker be elected Chair for the meeting.

25. Apologies for absence

(Agenda item 2)

No apologies were received.

26. Declarations of interests from Members of the committee

(Agenda item 3)

No declarations of interests were made.

27. Submissions by complaints solicitors

The solicitor for two members of the public whose complaint against an ACPO ranked officer was scheduled for consideration under Agenda Item 5 asked to make brief representations to the Sub-Committee.

The Sub-Committee was advised that there was no provision for such submissions under the legislation of the Committee’s Standing Orders but that it had the power to suspend Standing Orders in order to hear the solicitor for the complainants.

The Sub-Committee determined that a short adjournment should be permitted to allow the solicitor for the complainants to discuss his proposed submissions with the Clerk and solicitor instructed on behalf of the MPA.

The Sub-Committee, recognising that the Rules did not provide for submissions at this stage of the proceedings deliberated the request to make brief submissions in camera.

Following the adjournment, an application was made to the Sub-Committee by the solicitor for the complainants for leave to make a brief submission to the panel members in public session in respect of the matters listed below, which, he stressed, did not go to the written submissions prepared on behalf of the complainants.

1. The standard of proof Sub-Committee should apply;
2. The fact that one of his clients was available to give oral evidence regarding one aspect of the allegations should the Sub-Committee wish to hear such evidence.
3. That the Sub-Committee should provide detailed reasons for its decision
4. That the Sub-Committee should ignore the fact that the officer was due to commence employment as an ACPO ranked officer in another police force.

Resolved - The Sub-Committee resolved that it would be appropriate for them to suspend Standing Orders to permit the solicitor to make oral representations.

The complainants’ solicitor made the following submissions.

1. The Sub-Committee sat as a public authority to which the Human Rights Act 1998 applied, as did the concepts of fairness, transparency and natural justice. The correct standard for the Sub-Committee to apply at this stage of the proceedings was whether there was a prima facie case established.
2. His clients had attended the meeting and, consequently, should the Committee wish to hear oral evidence in respect of one particular aspect of the allegations, one of his clients would be happy to give evidence on oath.
3. Any judgment reached by the Sub-Committee should be communicated in a detailed, rather than cursory, manner. Detailed reasons would allow his clients and their union to consider all their options.
4. In view of the delay in pursuing the complaints – which, at 529 days since receipt of the complaint, was more than 400 days beyond the 120 days target for conclusions of such matters - the recent appointment of the officer to another force should be ignored.

The Chair of the Sub-Committee indicated that she sympathised with the solicitor’s submissions regarding timescales and agreed the time taken to reach this stage was unfortunate.

28. Exclusion of press and public

(Agenda item 4)

A resolution was put to exclude the press and public from the meeting during item 4 as it was likely to disclose exempt information as described in Schedule 12(a) (1) of the Local Government Act 1972 (as amended).

RESOLVED – That the press and public be excluded from the meeting during discussion of agenda item 23.

Part 2

Summary of exempt items

29. Police regulations

(Agenda item 5)

The Sub-Committee considered on an ongoing complaint against an ACPO rank officer.

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