Where police misconduct hearings occur (for a non-senior officer) under the Police (Conduct) (Amendment) Regulations 2024 (the 2024 Regulations) is referred to a misconduct hearing, that hearing must be conducted by a panel of three persons comprising:

  • a chair, appointed by the appropriate authority, who must be a senior officer of the police force concerned.
  • a person appointed by the local policing body, who –
  • has qualifications or experience relevant for the purpose of disciplinary proceedings; and

is selected on a fair and transparent basis from the list of candidates with such qualifications or experience maintained by the local policing body.

  • a person appointed by the local policing body, who need not have such qualifications or experience, selected on a fair and transparent basis from the list of candidates maintained by the local policing body.

In addition to the appointment of the three persons detailed above. A person is to be appointed by the local policing body as an adviser to the chair and panel of persons conducting a misconduct hearing, selected on a fair and transparent basis from a list of legally qualified persons maintained by a local policing body.

  • The legally qualified person appointed must provide advice to the panel of persons conducting or to the person chairing a misconduct hearing upon request by the chair in respect of any legal or procedural issues relating to the misconduct proceedings. The panel of persons conducting or the person chairing a misconduct hearing must have regard to any advice given by the legally qualified person.

In the Eastern Region the Police and Crime Commissioners have joined together to appoint and maintain lists of both legally qualified persons and independent panel members. Appointment of legally qualified persons and independent panel members to a particular case hearing should be on a fair and transparent basis by a Police and Crime Commissioner following a request by the Chief Constable.

Home Office Guidance states that “fair and transparent” will generally mean that a rota system is established. The Regional Police and Crime Commissioners have produced a statement of how their rota system operates –  Selection of Misconduct Panels and Police Appeals Tribunals – From May 2024 (PDF, 275KB)

For more information upon how the Police and Crime Commissioner discharges his responsibilities under the Police Complaints and Conduct System see the Police Complaints and Conduct System Statement of Policy – May 2024 (PDF, 714KB).

For details on procedures prior to May 2024  – Legally Qualified Chairs and Independent Members (February 2020 – May 2024).