MPA role in Stockwell 2 process and any ensuing disciplinary procedures

40/07
2 August 2007

Under the Police Reform Act 2002 and the Police Conduct Regulations 2004, the Metropolitan Police Authority has a statutory duty to consider and determine whether any senior officer of commander rank or higher, up to and including the Commissioner, should face disciplinary proceedings for misconduct.

The MPA's responsibility is delegated to a special sub-committee made up of five members of the MPA, all of whom are magistrates. They will consider the IPCC report as it relates to individual conduct.

The sub-committee will be supported and advised by David Riddle, the solicitor to the Authority. In this case, the solicitor to the Authority has appointed a QC to give the sub-committee an independent appraisal of the IPCC report and of the grounds for disciplinary action.

David Riddle said:

“The IPCC Stockwell 2 Report is lengthy and the issues are complex, and it is likely that the process of advice, consideration and determination will take several weeks. The sub-committee is likely to reach its decision in the autumn.

“The MPA is required to notify the IPCC of its view whether or not to take disciplinary action, giving reasons. The IPCC itself must then confirm the decision of the MPA, or it may ask the MPA to reconsider. Ultimately the IPCC has the power to direct the MPA to follow a certain course of action.

“The MPA cannot say how long it will take the IPCC to reach a decision after receiving our views.”

Notes to editors

1. If the MPA were to decide that proceedings were necessary against any officer(s), and the IPCC confirm it (or if the MPA decides against disciplinary proceedings but the IPCC directs the MPA to take proceedings) the MPA would then appoint a QC (from a list kept by the Lord Chancellor) to act as a special independent Tribunal to hear all the evidence.

2. The MPA would also appoint one or more assessors to assist the QC on matters of policing, one of whom would be a former Chief Constable from another police service. The Tribunal would normally meet in private, although the IPCC has powers to direct a public hearing. The Tribunal would report to the MPA with its findings as to misconduct and its recommendations as to any sanction. Ultimately it is the MPA that must decide if an officer should be disciplined and the penalty.

3. The timescale for any hearing and report by a Tribunal is likely to be several months from a decision by the MPA (or a direction by the IPCC) to take disciplinary proceedings, given the volume of material and the complexity of the issues.

Further media information

For further information, please contact the MPA press office

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