MPA Statement: MPA appoints Tribunal to hear the case of Commander Ali Dizaei

11/10
19 February 2010

As it is required to do by Home Office regulations, the Metropolitan Police Authority has appointed a Tribunal to hear the case of Commander Ali Dizaei.

The disciplinary process for dealing with all police officers, including ACPO officers, is entirely governed by the Police Reform Act 2002 and associated Regulations, and it is the Authority’s intention to expedite this case whilst acting in full accordance with these rules. 

The case has been fast tracked by the Authority as a ‘Special Case’, in accordance with Regulation 45 of the 2004 conduct regulations, in order for this process to be progressed rapidly.

The hearing must take place not less than 21 days and not more than 28 days from the date on which the formal notice of hearing is served on Commander Ali Dizaei, which will be carried out as swiftly as possible, and the case is likely to be finalised in the next five weeks.

The Tribunal will consist of a QC and a former senior police officer, appointed to assist on police matters.

Commander Ali Dizaei remains suspended. Under the Police Regulations 2003, an officer who is suspended and detained in prison is not entitled to pay.

Notes to Editors

1. Professional Standards Cases Sub-committee (PSCSC) 

Membership of PSCSC is on the MPA website.

Having received the report on the case from the IPCC, the PSCSC has certified the case as a ‘Special Case’ in accordance with Reg. 45 of the 2004 conduct regs. 

This requires the MPA to

• refer the case to a hearing
• inform the IPCC that this is the action it is proposing to take. 

2.  Reg. 45 of 2004 Conduct Regulations

This is where a report, complaint or allegations indicates that the conduct of the officer concerned is of a serious nature and that an imprisonable offence may have been committed by the officer concerned; and the conduct is such that, were the case to be referred to a hearing and the tribunal hearing the case were to find that the conduct failed to meet the appropriate standard, they would in the opinion of the MPA be likely to impose the sanction of dismissal from the force; and the report, complaint or allegation is supported by written statements, documents or other material which is, in the opinion of the MPA, sufficient without further evidence to establish on the balance of probabilities that the conduct of the officer concerned did not meet the appropriate standard; and the MPA is of the opinion that it is in the public interest for the officer concerned to cease to be a member of a police force without delay. 

3. The ‘hearing’ 

The hearing will be conducted by a Tribunal in accordance with Reg 20 of the 2004 Conduct Regs.

The officer concerned may be represented at the hearing.

4. The Tribunal

This is an individual from a list provided by the Lord Chancellor, who is selected and appointed by the Authority.

The Authority will also appoint one or more assessors to assist the Tribunal on police matters, one of whom is or has been a chief officer of police, except:

• HMIC officers
• an officer with whom the officer who is subject to the Tribunal has served with
• a member of the Authority or any local authority that appoint members to the Authority. 

 This is the first time the MPA has instigated this procedure.

5. Tribunal procedure  

MPA must serve on the officer concerned a formal Notice of the decision to refer the case to a hearing, which includes the time, date and place of the hearing – which must take place not less than 21 days and not more than 28 days from the date of the notice (Regulation 16 of the 2004 Conduct Regs).

• No witnesses shall be called by either party.
• The Tribunal does not announce a final verdict.  
• The Tribunal submits a report to the MPA and a copy is submitted to officer concerned setting out the Tribunal’s conclusions on:
• Whether the conduct of the officer concerned met the appropriate standard;
• If the conduct of the officer concerned did NOT meet the appropriate standard, the Tribunal’s recommendation on Sanction;
• Any other matter arising from the hearing which the Tribunal wants to bring to the attention of the MPA.
• The MPA on receipt of the Tribunal’s report decides:
• Whether to dismiss the case; or
• To record a finding that the conduct of the officer concerned failed to meet the appropriate standard but to take no further action;
• To record a finding that the conduct of the officer concerned failed to meet the appropriate standard and impose a sanction. 
• The sanctions available under Regulation 35 of the 2004 Conduct Regulations are:
• Reprimand;
• Fine;
• Requirement to resign from the force;
• Dismissal from the force.

The hearing must take place not less than 21 days and not more than 28 days from the date of the formal notice which is served on the officer concerned (Regulation 16 of the 2004 Conduct Regs).

Send an e-mail linking to this page

Feedback