Misconduct Hearings

Derbyshire Constabulary is now holding misconduct hearings and special case hearings in public.

This is subject to the discretion of the person chairing or conducting the hearing to exclude any person from all or part of the hearing.

Any member of the public or press wishing to attend a misconduct hearing may do so, by applying via our online form.

Please note that numbers may be limited. Only successful applicants will be notified (via return to the e-mail address supplied).  

Hearings are held in accordance with the following legislation and guidance:

What is the purpose of police misconduct hearings?

Misconduct hearings are held to present the facts of the case and allow officers to give an explanation of their conduct and the circumstances surrounding the allegation.

Witnesses may also be called to be questioned.

The purpose of a public hearing is to show that the police disciplinary system is open, honest, fair, and that we effectively hold corrupt officers, or those that are found guilty of misconduct, accountable for their actions.

Throughout the hearing, officers are given the opportunity to speak personally or have their legal representative and/or appointed Federation friend to speak on their behalf.

The burden of proof remains with the organisation throughout and the standard of proof is the balance of probabilities, unless facts are admitted.

The hearing is conducted in two parts. The first part considers the facts of the allegation against the officer. At the end of this examination of facts, the panel retires and decide whether the officer’s conduct amounts to gross misconduct, misconduct or neither. A finding of gross misconduct means that the matter is deemed so serious that dismissal may be justified.

If it is established to the panel’s satisfaction that the officer’s conduct did fail to meet the required standards, the second part of the hearing will determine the outcome. In considering the outcome, the panel will take into account any aggravating or mitigating factors and consider evidence of the officer’s character and record of service.

What misconduct hearings are coming up, and where are they held?

All misconduct hearings will be in public, subject to any representations made by the officer and or witness, and considerations made by the panel chair. Notice of a public hearing will be made not less than five working days prior to the hearing.

The hearing can be watched from the public seating at the back of the hearing room. Should the hearing, or part of the hearing, be in private reasons will be given and published.

On the conclusion of the hearing, the panel chair will decide whether to publish a notice which may contain:

  1. Name of the officer concerned
  2. Alleged conduct of the officer
  3. Finding
  4. Outcome

On our 'Attending a Misconduct Hearing' page you can find out which misconduct hearings are coming up, the results from previous misconduct hearings, the location of the hearings, and the rules of entry for people wishing to attend.

Do you need a quick answer to a general question? Then we recommend you visit the national Ask The Police web site.