Guidance

Ministry of Defence Police: misconduct hearings

Find out about misconduct hearings involving Ministry of Defence Police (MDP) officers and how to attend these public hearings.

Misconduct hearings

To increase openness and transparency in the MDP (and the police service in general), misconduct hearings, special case hearings and police appeals tribunals, involving Police Officers, are held in public.

Misconduct hearings deal with allegations of gross misconduct committed by MDP officers on or off duty. Gross misconduct is defined as ‘a breach of the police standards of professional behaviour (PSPB)’ that is so serious as to justify dismissal’. Misconduct hearings form part of the disciplinary process and are not criminal proceedings.

Accelerated Misconduct Hearings

Accelerated Misconduct Hearings take place when the investigation of allegations of Gross Misconduct, committed by MDP officers on or off duty, identifies that special conditions, such as the following are satisfied:

  • that there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the officer concerned constitutes Gross Misconduct
  • it is in the public interest for the officer concerned to cease to be a member of the MDP without delay

Police Appeals Tribunals

Police Appeals Tribunals deal with appeals submitted by MDP officers, against the findings and/or the outcomes of misconduct hearings (including accelerated misconduct hearings), under the MDP Conduct Regulations, or stage 3 meetings under the Performance Regulations.

The decision to hold misconduct hearings and police appeals tribunals in public was announced by the Home Secretary in 2015. The Ministry of Defence Police followed suit in March 2017 by amendments to the Ministry of Defence Police conduct (2015) and performance (2012) regulations, and by subsequent revision of those Regulations into the new Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020, which came into effect for all cases assessed as Gross Misconduct after 2 November 2020.

This change of legislation does not affect misconduct meetings, where a breach of PSPB does not amount to gross misconduct. These proceedings will be held in private and the public have no right to observe (except in the case of a complainant or the commission^, where appropriate).

^Director General (IOPC) or Ombudsman (NI) if they conducted or directed the investigation.

What happens at a misconduct hearing

At a misconduct hearing the facts are heard by a panel, often with the help of witnesses, to enable a finding to be made. If an officer is found to have committed misconduct or gross misconduct, depending on the circumstances, the available outcomes are:

  • written warning (only if misconduct only found)
  • final written warning
  • reduction in rank
  • dismissal without notice

What happens at an Accelerated Misconduct Hearing

An accelerated hearing is heard by the Chief Constable. Due to the evidence being incontrovertible there is no requirement for any witness attendance. If an officer is found to have committed gross misconduct, the available outcomes are:

  • final written warning
  • reduction in rank
  • dismissal without notice

What happens at a Police Appeals Tribunal

Police appeals tribunals are heard by a panel chaired by a person nominated by the Lord Chancellor who satisfies the judicial appointment criteria. The tribunal determines whether the ‘grounds of appeal’ on which the appellant relies, have been made out. On the determination of an appeal, a tribunal may make an order dealing with the appellant in any way in which they could have been dealt with at the original hearing.

Attending a misconduct hearing

Any member of the public or press can request to attend a misconduct hearing, provided that they are aged 18 or over.

When the date of a misconduct hearing is confirmed, the details will be published below. Due to the MDP being a national force the location of the misconduct hearing may vary (dependent upon the case).

Please note the following conditions of entry:

  • any member of the public or press wishing to attend must register in advance, by the specified closing date, and using the MDP misconduct hearing registration form (PDF, 178 KB, 2 pages) they must also provide valid photo identification (for example passport or driving licence) upon attendance. (To fill out the misconduct hearing form on a mobile device you must make sure that the PDF is opened in the editable mode.)
  • any person who is a witness at the proceedings will not be permitted to attend prior to giving their evidence but, may be permitted to take a seat in the public gallery after this time
  • priority will be given to interested parties and attendance will then be granted on a ‘first come, first served’ basis (up to the capacity of the venue)
  • any restrictions on reporting will be notified in advance of the hearing
  • members of the public and press are to remain silent at all times whilst the hearing is in session
  • no photographs, film or sound recording are permitted; mobile phones and other devices can be retained but must be switched off during the hearing
  • any conditions particular to an individual hearing will be published on this page in advance of the hearing
  • where a hearing is adjourned for an extended period, attendees may be expected to leave the premises and return at the appointed time; if the hearing is held within an MOD establishment members of the public and press will be escorted from the gate to the venue and back; they will not be permitted to leave the venue except to leave the establishment
  • no food or refreshments, with the exclusion of water, will be permitted in the hearing room; however, an area will be set aside for use by members of the public when the panel adjourn for short periods of time
  • no refreshments will be provided by the MDP and if held at an MOD establishment, there may be no facilities to purchase food; in this instance, attendees should be self sufficient
  • we cannot reimburse any expenses you incur by attending and please note that in some cases a hearing may be cancelled at short notice; in these situations, we will do our best to notify you but, it may not be possible
  • members of the public and press, together with any bags, will be subject to a security search as a condition of entry and exit; anything that can be used or adapted to cause injury or damage will not be permitted

If you require disabled access, or have any other reasonable adjustment requirements, please advise us of your requirements on your registration form.

Once all applications to attend have been received and reviewed (after the closing date), your attendance will be confirmed, as applicable, by the means identified on your registration form.

Private hearings

Please note: in exceptional circumstances, the Chair can exclude anyone from all or part of the hearing at his/her discretion and may impose conditions relating to the attendance of any person.

Should the Secretary of State for Defence consider it expedient in the interests of national security, he/she may also give direction that:

  • all or part of the hearing must be conducted in private
  • a specified person must be excluded from all or part of the hearing
  • specific steps are taken to conceal the identity of a witness
  • specific information must be excluded from the published notification of misconduct hearings or notification of outcome

If a decision is made to hold a hearing in private the reasons will be published below and, where conditions are placed on any person’s attendance, that person will be notified prior to commencement of the hearing.

Upcoming hearings

Subject Officer: Superintendent Christopher Yates

Date of hearing: 30 to 31 August 2022

Alleged Conduct (& PSPBs breached):

Superintendent Christopher Yates will answer allegations that he breached the Standards of Professional Behaviour as set out in the Ministry of Defence Police (Conduct) Regulations 2015 in respect of ‘Authority, Respect and Courtesy’ and ‘Discreditable Conduct’.

It is alleged that on 6 May 2020, Superintendent Yates deliberately exposed himself and committed a lewd act in public. It is alleged that the breach of the Standards of Professional Behaviour is so serious that it amounts to gross misconduct.

Location/Venue: Main Conference Room, MDP Headquarters, Palmer Pavilion, RAF Wyton, Huntingdon, PE28 2EA

Applications to attend to be received: Must be received by Friday 26 August 2022. Email MDP-PSD-Group@mod.gov.uk.

Subject Officer: PC Stevenson

Date of hearing: 21 September 2022

Alleged Conduct (& PSPBs breached):

PC Stevenson will answer allegations that he breached the Standards of Professional Behaviour as set out in The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 in respect of ‘Discreditable Conduct’.

It is alleged that on 22 August 2022, PC Stevenson pleaded guilty to three offences of making indecent photographs of a child, contrary to sections 1(1)(a) and 6 of the Protection of Children Act 1978 and that his behaviour is so serious it amounts to gross misconduct and justifies dismissal.

Location/Venue: Main Conference Room, MDP Headquarters, Palmer Pavilion, RAF Wyton, Huntingdon, PE28 2EA

Applications to attend to be received: Must be received by Friday 17 September 2022. Please email to MDP-PSD-Group@mod.gov.uk.

Subject Officer: Former PC Gardner and PC Toms

Date and time: 28 to 30 September 2022

Alleged Conduct (& PSPBs breached):

Former PC Gardner and PC Toms will answer allegations that they breached the Standards of Professional Behaviour as set out in the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 in respect of ‘Authority, respect and courtesy’, ‘Discreditable conduct’ and ‘Challenging and reporting improper conduct’.

It is alleged that Former PC Gardner and PC Toms displayed inappropriate behaviour and/or used inappropriate language and failed to challenge or report the conduct. It is alleged that the breach of the Standards of Professional Behaviour is so serious that it amounts to gross misconduct.

Location/Venue: Main Conference Room, MDP Headquarters, Palmer Pavilion, RAF Wyton, Huntingdon, PE28 2EA

Applications to attend: Must be received by Monday 19 September 2022. Please email to MDP-PSD-Group@mod.gov.uk

Upcoming police appeals tribunals

There are currently no upcoming police tribunals.

Previous hearings and outcomes

There are currently no previous hearing outcomes.

Previous police appeals tribunals and outcomes

There are currently no previous appeals tribunals to list.

Related information

Published 12 June 2017
Last updated 2220 September 2022 + show all updates
  1. Removed a hearing notice from 'Upcoming hearings'.

  2. Added a hearing notice under 'Upcoming hearings'.

  3. Updated MDP misconduct hearing registration form.

  4. Added two hearing notices under 'Upcoming hearings'.

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  8. Edited Upcoming hearings due to cancellation.

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  11. Edited: removed a hearing notice.

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  17. Added an upcoming hearing from 12 January 2022.

  18. Addition of: upcoming police misconduct hearing for PC Kristiana Pearce-Gropper.

  19. Addition of: police misconduct hearing outcome for Daniel Harding.

  20. Updated the 'Upcoming hearings' and 'Previous hearings and outcomes' sections.

  21. Addition of: upcoming police misconduct hearing for PS 1987 Daniel Marc Harding.

  22. Addition of: upcoming police misconduct hearing for Constable 2705 David Smith.

  23. Addition of: outcome of police misconduct hearing for Rhiannon May Foote.

  24. Added an updated version of the Misconduct Hearings form and updated content to show this change, under the Attending a misconduct hearing heading.

  25. Addition of: subject officer Constable 222 Rhiannon May Foote's upcoming police misconduct hearing.

  26. Updated the 'Previous hearings and outcomes' section.

  27. Addition of: upcoming police misconduct hearing for subject officer James Harry Shaw.

  28. Added a link under 'Related content' to the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020 page.

  29. Updated the information on the page.

  30. Removed old hearing information.

  31. Addition of outcome for former PC John Paul Braithwaite.

  32. Addition of: upcoming misconduct hearing for James Harry Shaw.

  33. Addition of: outcome of police misconduct hearing for Former PC Brian Paul Croote.

  34. Addition of: details outlining the upcoming police misconduct hearing.

  35. Addition of: police misconduct hearing for PC 1804 Brian Paul Croote.

  36. Added a new hearing outcome under the 'Previous hearings and outcomes' heading.

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  38. Added outcome for Former PC David Pike and added hearing date for Joanna Elizabeth HOOKE.

  39. Added a new date to the upcoming misconduct hearings section.

  40. Added an upcoming Ministry of Defence Police misconduct hearing.

  41. Upcoming misconduct hearing has now been cancelled and so notice has now been removed.

  42. Addition of Andrew Hoods' trial outcome.

  43. Removal of Mathew Culling's trials' outcome.

  44. Added MDP misconduct hearing registration form (Updated 3 March 2020).

  45. Updated the upcoming misconduct hearings section with the latest information.

  46. Outcome of Christopher Godfrey's misconduct trial added.

  47. Outcome of Luke Thomas' misconduct hearing added.

  48. Addition of misconduct hearings' outcomes and removal of upcoming hearings.

  49. Addition of an upcoming hearing scheduled for publish on February 3 2020.

  50. Addition of an MOD police misconduct upcoming hearing.

  51. Replacement MDP misconduct form added.

  52. Addition of 2 previous hearings and outcomes and 1 upcoming misconduct hearing.

  53. Addition of an upcoming Ministry of Defence Police misconduct hearing.

  54. Added new misconduct hearing notice.

  55. Updated the upcoming misconduct hearings section with the latest information.

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  58. Updated the upcoming misconduct hearings section with the latest information.

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  62. Added a new upcoming Ministry of Defence Police misconduct hearing.

  63. Removed an entry from upcoming misconduct hearings section as hearing has been postponed.

  64. Updated the page in the 'previous hearing and outcomes' section.

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  66. Updated the page with the previous police appeals tribunals.

  67. Added content on 'Previous hearings and outcomes'.

  68. Added the latest information on misconduct hearings.

  69. Updated the content on the page to give more information on pubic appeal and special case hearings.

  70. Updated the information on the upcoming misconduct hearings with the latest information.

  71. Added misconduct hearing for Monday 22 to Friday 26 July 2019 and removed out of date information on previous outcomes.

  72. Updated page with latest outcomes.

  73. Removed a cancelled misconduct hearing notice.

  74. Removed outdated misconduct hearing outcomes.

  75. Added details of the latest upcoming misconduct hearing.

  76. Removed the outdated misconduct hearings information.

  77. Updated the Upcoming Ministry of Defence Police misconduct hearings section.

  78. Added recent outcomes for April's hearings.

  79. Added the Panel decision report.

  80. Updated the details and outcome of a recent misconduct hearing.

  81. Updated information about previous misconduct hearings.

  82. Updated forthcoming misconduct hearings.

  83. Updated the page with the latest misconduct hearing outcomes.

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