Police Misconduct Hearings and Police Appeal Tribunals
Introduction to police misconduct proceedings
Police officers and police staff are expected to meet high standards of professional behaviour as set out in the ten standards behaviour detailed within the Police (Conduct) Regulations 2020.
When concerns are raised about serious misconduct, there are formal processes in place to ensure accountability, fairness and transparency.
This page explains what Police Misconduct Hearings and Police Appeal Tribunals are, and the role of the Office of the Police and Crime Commissioner (OPCC).
What is a Police Misconduct Hearing?
A Police Misconduct Hearing (sometimes called a gross misconduct hearing) is a formal meeting held when it is believed that a police officer or member of police staff may have breached professional standards.
Misconduct hearings:
- Consider serious allegations about behaviour, honesty or integrity
- Are part of the disciplinary process, not the complaints process
- May take place after an investigation has found there is a ‘case to answer’
As of 07 May 2024, hearings in relation to police officers must be chaired by a Chief Constable (or delegated Assistant Chief Constable or a Misconduct Panel Chair) alongside two Independent Panel Members (IPMs) and a Legally Qualified Person (LQP, formally known as a Legally Qualified Chair and a Legally Qualified Advisor). The latter is not party to any decision making but available to provide advice on legal and procedural issues to the panel. These hearings are usually held in public, although in exceptional circumstances the Chair may determine to only hold part of the hearing in public and the whole hearing in private. If this is the case, then the Chair must provide justification for hearings held in private as well as justification for findings of gross misconduct not leading to dismissal.
Details of upcoming hearings are published by Dyfed‑Powys Police here: Misconduct hearings | Dyfed-Powys Police
What is the role of the OPCC?
The Police and Crime Commissioner (PCC) does not make decisions about individual misconduct cases. However, the OPCC has an important oversight role.
The OPCC:
- Holds the Chief Constable to account for professional standards
- Appoints the LQP and IPM’s for misconduct hearings
- Ensures the process is fair, transparent and lawful
- Monitors themes and learning from misconduct cases to help improve policing
The Office of the Dyfed Powys Police & Crime Commissioner is responsible for the appointment and training of LQPs and IPMs. Dyfed Powys OPCC shares a list of available independent members to sit on gross misconduct hearings with our regional partners in South Wales, Gwent and North Wales OPCC’s. Members are selected from this list by using a cab-rank system to ensure fairness.
What are Police Appeal Tribunals?
A Police Appeal Tribunal (PAT) is a separate process that hears appeals from police officers who have been dismissed or sanctioned following a misconduct hearing.
Appeals can only be made by officers or former officers – members of the public cannot appeal misconduct outcomes.
Police Appeal Tribunals are:
- Independent of the police force
- Comprised of legally qualified and independent panel members
- Focused on reviewing whether the decision was reasonable and proportionate
Members of the public can attend Appeal hearings as observers but are not allowed to participate in proceedings. The OPCC is responsible for appointing the PAT chair to conduct the proceedings.
How is this different from making a complaint?
Police misconduct hearings and appeal tribunals are not the same as making a complaint.
- Complaints from the public are usually handled by Dyfed‑Powys Police or the Independent Office for Police Conduct (IOPC)
- Misconduct hearings happen later, if serious wrongdoing is identified
- The OPCC cannot investigate complaints or become involved in individual cases
You can find information on how to make a complaint on our Complaints Process page.
Why this matters
Effective misconduct processes help to:
- Maintain public trust and confidence
- Ensure police officers are held to account
- Promote learning and continuous improvement in policing
The OPCC is committed to openness, fairness and supporting high standards of professional behaviour across Dyfed‑Powys Police.
Relevant legislation and regulations
Police misconduct hearings and police appeal tribunals are conducted in line with national legislation and regulations, including:
- Police Act 1996 - Sets out the framework for the governance, discipline and accountability of police forces in England and Wales.
- Police Reform Act 2002 - Established the system for handling complaints, misconduct and disciplinary matters involving police officers.
- Police (Conduct) Regulations 2020 - Provide the rules for handling misconduct and gross misconduct cases involving police officers, including hearing procedures and possible outcomes.
- Police (Complaints and Misconduct) Regulations 2020 - Set out how complaints and misconduct matters are recorded, investigated and progressed, including the role of oversight bodies.
- Police Appeals Tribunals Regulations 2020 - Govern how appeals by police officers against misconduct outcomes are heard and decided.
- Human Rights Act 1998 - Ensures that misconduct and appeal processes are conducted fairly and in line with human rights principles, including the right to a fair hearing.