The Act – Section by Section Misconduct procedures Section 10: Procedures for misconduct: senior officers
87.Subsection (2) of section 10 of the Act amends subsection (3) of section 52, which relates to senior officers only. Subsection (3) in its current form, in relation to both conduct and performance, requires that the SPA must determine the case against a senior officer. Subsection (3) is amended to instead enable regulations to provide for an independent (consisting of a mix of police and non-police members) panel to determine any conduct case against a senior officer, regardless of how serious the allegation. No change is made as regards performance cases.
88.Subsection (3) of section 10 of the Act makes changes to chapter 9 of the 2012 Act which concerns appeals to the police appeals tribunal. Section 56 (1) gives to all constables a right of appeal to a police appeals tribunal (“PAT”) against any decision to dismiss or demote the constable. Subsection (3)(a) of section 10 of the Act inserts new subsection (1A) in to section 56. This gives to senior officers an additional right of appeal to the PAT, where the decision is less serious than demotion or dismissal. This change is necessitated by the future move to an independent panel determining all conduct cases against senior officers enabled by the change made by subsection (2) and discussed above. No such change is required in respect of non-senior officers. Subsection (3)(b) of section 10 of the Act inserts new subsection (2A) in to section 56 of the 2012 Act, to ensure that the provisions apply equally to a former senior officer. The position as regards to performance is unchanged.