The Police Appeals Tribunal should take care not to go behind clearly expressed statements made by police hearings tribunals. It should also take care as to the order of witnesses where hearsay evidence is being admitted: Squire v (1) The Queen (CC Thames Valley Police) (2) PAT  EWCA Civ 1315.
In R (Darren Williams) v Police Appeals Tribunal  EWHC 2708 (QB), Mr Justice Holroyde was asked to consider whether ‘the Salter principle’ – that personal mitigation carries diminished weight in cases of police or professional misconduct – applies to all breaches of professional standards, not just honesty and integrity. He found that it did – but that all mitigation must properly be weighed and considered.
In Baker v Police Appeals Tribunal  EWHC 718 (Admin) the Administrative Court refused to deprive an officer the benefit of a mistake made by the PAT when the PAT attempted to correct that mistake after it was “functus officio”.
This update concerns three legislative developments:
The Government has now laid before Parliament amended Regulations dealing with the procedures for police conduct, performance and rules covering appeals to the Police Appeals Tribunal. The changes are due to come into effect on 22nd November 2012.
A commentary on the principle changes to each of these regimes will follow in the coming days. In the meantime, links to the Rules and Regulations are set out below:
Police Appeals Tribunal Rules 2012
The Police (Performance) Regulations 2012
The Police (Conduct) Regulations 2012