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James Berry appears in one of the first “former officer” police misconduct hearings

20th February 2018


Since 15 December 2017, police forces have been able to bring or continue disciplinary proceedings against former police officers where certain conditions apply:

(A) Where an officer resigns or retires after an allegation of gross misconduct comes to the force’s attention;

(B) Where an allegation of gross misconduct comes to the force’s attention within 12 months of an officer resigning or retiring;

(C) Where an allegation of comes to the force’s attention more that 12 months after an officer resigns or retires and the Independent Office of Police Complaints makes a “Condition C special determination” that taking disciplinary proceedings against the former officer would be reasonable and proportionate.

For more information please click here.

In one of the first former officer cases to reach a hearing, James Berry represented the Appropriate Authority in Essex Police in a case where an officer facing allegations of gross misconduct resigned shortly before a misconduct hearing.

The misconduct panel made a finding of gross misconduct and finding that the former officer would have been dismissed if had he not ceased to be a member of a police force, which is the only disciplinary action available in a former officer case.


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