Law and Rights
The Police Officer who struck and pushed Mr Ian Tomlinson is to face misconduct proceedings - The Guardian 27th July.
Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it. Perhaps the principal book on the law is "Police Misconduct, Complaints and Public Regulation" by barristers John Beggs and Hugh Davies.
Such proceedings are normally held in private but there is a power under the Police (Conduct) Regulations 2008 - Reg. 32(5) - for the IPCC to require this hearing to be held in public. The IPCC's Statutory Guidance on the Handling of Complaints refers to this at paragraphs 479-481. In making a decision whether to order that the hearing be held in public, the IPCC will follow its own guidelines - see the criteria laid down under the earlier 2004 Regulations (here) though the IPCC has been reviewing the guidance- see here. Under the guidance, the IPCC must first consult a number of parties including the officer in question.
Some time ago, there was considerable opposition within the Police to holding these hearings in public - (see, for example, Daily Mail 3rd January 2007) - since there was a concern that hearings would be turned into "pseudo-show trials".
Under the Police Conduct Regulations, the officer may be represented at the hearing by a lawyer and an appeal (on certain grounds) is possible to the Police Appeals Tribunal. [Appeals are the subject of separate Regulations. An appeal tribunal for an officer who is NOT a senior officer consists of 4 persons and the legally qualified chairman has a casting vote - Police Act 1996 Schedule 6).
Given the massive public interest in this case and the likelihood of loss of public confidence in the process if the hearing were to be held in private, this would seem to be an appropriate case for the power to be exercised. A public hearing would also give a public hearing to the officer's side of the case and, it is important to note, this has not yet been heard by the public. The IPCC decision on the matter is awaited.
Addendum 28th July: There are calls by MPs for a Judge to be appointed to conduct the inquest into Mr Tomlinson's death - see BBC 28th July.
- Brief Notes On The Azelle Rodney Inquiry
Update 31st July 2014 - The former Police Officer, referred to as E7, has been charged with the murder of Azelle Rodney. See the Crown Prosecution Service announcement on this. In April 2005, Azelle Rodney (then aged 24) was shot by the Metropolitan...
- Death Of Ian Tomlinson - Harwood Dismissed From The Police
It was during the G20 protests in April 2009 that the death of Mr Ian Tomlinson occurred. After a short misconduct hearing held in public, Simon Harwood - the Police Officer who struck Ian Tomlinson on the left leg with a baton and moments later...
- Death Of Mr Ian Tomlinson ~ P.c. Harwood Acquitted
Almost 3 years and 4 months after the event, Police Constable Simon Harwood has been acquitted on a charge of manslaughter arising from the death of Mr Ian Tomlinson on 1st April 2009. In an article in The Guardian 19th July, the Tomlinson family...
- Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May. It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating...
- Death Of Mr Ian Tomlinson - No Charges To Be Brought
Mr Ian Tomlinson died in Threadneedle Street, London on 1st April 2009. Almost 16 months later, the Crown Prosecution Service has announced that no criminal charges will be pursued against the Police Officer who, whilst with other officers controlling...
Law and Rights
Ian Tomlinson death: Disciplinary Hearing - will it be in public?
Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it. Perhaps the principal book on the law is "Police Misconduct, Complaints and Public Regulation" by barristers John Beggs and Hugh Davies.
Such proceedings are normally held in private but there is a power under the Police (Conduct) Regulations 2008 - Reg. 32(5) - for the IPCC to require this hearing to be held in public. The IPCC's Statutory Guidance on the Handling of Complaints refers to this at paragraphs 479-481. In making a decision whether to order that the hearing be held in public, the IPCC will follow its own guidelines - see the criteria laid down under the earlier 2004 Regulations (here) though the IPCC has been reviewing the guidance- see here. Under the guidance, the IPCC must first consult a number of parties including the officer in question.
Some time ago, there was considerable opposition within the Police to holding these hearings in public - (see, for example, Daily Mail 3rd January 2007) - since there was a concern that hearings would be turned into "pseudo-show trials".
Under the Police Conduct Regulations, the officer may be represented at the hearing by a lawyer and an appeal (on certain grounds) is possible to the Police Appeals Tribunal. [Appeals are the subject of separate Regulations. An appeal tribunal for an officer who is NOT a senior officer consists of 4 persons and the legally qualified chairman has a casting vote - Police Act 1996 Schedule 6).
Given the massive public interest in this case and the likelihood of loss of public confidence in the process if the hearing were to be held in private, this would seem to be an appropriate case for the power to be exercised. A public hearing would also give a public hearing to the officer's side of the case and, it is important to note, this has not yet been heard by the public. The IPCC decision on the matter is awaited.
Addendum 28th July: There are calls by MPs for a Judge to be appointed to conduct the inquest into Mr Tomlinson's death - see BBC 28th July.
- Brief Notes On The Azelle Rodney Inquiry
Update 31st July 2014 - The former Police Officer, referred to as E7, has been charged with the murder of Azelle Rodney. See the Crown Prosecution Service announcement on this. In April 2005, Azelle Rodney (then aged 24) was shot by the Metropolitan...
- Death Of Ian Tomlinson - Harwood Dismissed From The Police
It was during the G20 protests in April 2009 that the death of Mr Ian Tomlinson occurred. After a short misconduct hearing held in public, Simon Harwood - the Police Officer who struck Ian Tomlinson on the left leg with a baton and moments later...
- Death Of Mr Ian Tomlinson ~ P.c. Harwood Acquitted
Almost 3 years and 4 months after the event, Police Constable Simon Harwood has been acquitted on a charge of manslaughter arising from the death of Mr Ian Tomlinson on 1st April 2009. In an article in The Guardian 19th July, the Tomlinson family...
- Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May. It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating...
- Death Of Mr Ian Tomlinson - No Charges To Be Brought
Mr Ian Tomlinson died in Threadneedle Street, London on 1st April 2009. Almost 16 months later, the Crown Prosecution Service has announced that no criminal charges will be pursued against the Police Officer who, whilst with other officers controlling...