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Misconduct (299A/20)


In [2020] EWHC 1400 (Admin) the misconduct panel that dealt with the case of “Officer A” was found to have:

“65.  …erred in its failure to adopt the approach laid down in the Guidance; in particular, in omitting to engage with the evidence on actual harm,and in failing to adopt the structured approach required and to return to the question of purpose after considering questions of personal mitigation. Certain of the Panel’s conclusions are also properly to be described as irrational; specifically, its apparently inconsistent approach to the contextual mitigation and its finding of provocation.”

1.  Please provide the number of individuals who sat on the panel and the rank/job description/position of each.  Please also provide the date and brief details of the most recent course each attended on anything related to racism awareness training.

The case hinged on a conversation recorded covertly on a mobile phone using the phone’s ‘record’ function.  The phone was left in the presence of ‘Officer A’ who spoke with ‘Officer B’.

2.  I am interested in information detailing your procedures concerning the obtaining of evidence from mobile phones in cases such as this. Is their a requirement for the actual phone on which the conversation is recorded to be handed over?  In the event that a copy of the recording is provided but not the actual phone, can an investigation be undertaken into an officer’s alleged misconduct?

3.  In the past three years, how many misconduct panels have considered evidence obtained covertly on mobile phones?  I mean in a manner similar to how ‘Officer E’ obtained his recording; not ‘Person A’ speaking to ‘Person B’ whilst covertly recording the conversation over the phone.

An extract of the recorded conversation (para. 14) contains a racist comment.

This is not the sort of comment one would expect from an officer who has attended a racism awareness course.

4.  Please provide brief details of any racism awareness courses/workshops available to serving officers – aims, modules, duration etc.  If you provide such courses, please confirm whether they are mandatory.


Please find attached our response.