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Final Report of the Morris Inquiry: The Case for Change

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PROFESSIONAL STANDARDS<br />

7.166 For example, Ms AA and ano<strong>the</strong>r female colleague were sexually harassed by<br />

an <strong>of</strong>ficer. He was found guilty <strong>of</strong> five counts <strong>of</strong> sexual harassment and dismissed<br />

from <strong>the</strong> service on two. On appeal, <strong>the</strong> <strong>of</strong>ficer was reinstated and was given a<br />

reprimand and a fine. In ano<strong>the</strong>r case, Ms OO was indecently assaulted by her<br />

line manager. He was found guilty <strong>of</strong> two counts <strong>of</strong> indecent assault and fined<br />

13 days’ pay.<br />

7.167 We, <strong>the</strong>re<strong>for</strong>e, welcome <strong>the</strong> fact that, since we began our work, <strong>the</strong> MPS has<br />

issued guidelines on sanctions.<br />

7.168 We believe that <strong>the</strong>se will be very useful and become even more valuable if<br />

our recommendations on <strong>the</strong> disciplinary framework are accepted since it is likely<br />

that more disciplinary issues will <strong>the</strong>n be devolved to OCU level.<br />

Assistant Commissioner Reviews<br />

7.169 <strong>The</strong> Police (Conduct) Regulations 2004 (which replaced <strong>the</strong> Police (Conduct)<br />

Regulations 1999) provide <strong>for</strong> a review <strong>of</strong> <strong>the</strong> decision <strong>of</strong> a Disciplinary Panel by an<br />

Assistant Commissioner (Chief Constable outside London). We have received<br />

evidence which gives rise to a concern that <strong>the</strong> ‘reviewing <strong>of</strong>ficer’ may not always<br />

have as much in<strong>for</strong>mation as is needed to make a proper decision.<br />

7.170 We have been in<strong>for</strong>med that <strong>the</strong> MPS has issued a guide on <strong>the</strong>se reviews<br />

and we believe that <strong>the</strong> guide is a good first step in clarifying <strong>the</strong> process <strong>for</strong> all<br />

concerned. However, we believe that it does not go far enough in emphasising <strong>the</strong><br />

need <strong>for</strong> <strong>the</strong> reviewing <strong>of</strong>ficer to be satisfied that he or she has all <strong>the</strong> in<strong>for</strong>mation<br />

required to make a proper decision.<br />

We recommend that <strong>the</strong> MPS streng<strong>the</strong>ns its guidance on Assistant<br />

Commissioner Reviews by including provisions:<br />

ii. making it clear that <strong>the</strong> reviewing <strong>of</strong>ficer should have access to all<br />

available documentation as <strong>of</strong> right; and<br />

ii. <strong>for</strong> <strong>the</strong> reviewing <strong>of</strong>ficer to be satisfied that he or she has all <strong>the</strong><br />

necessary in<strong>for</strong>mation required to make a proper decision.<br />

We consider that this may be a national issue.<br />

We recommend that <strong>the</strong> relevant Committee <strong>of</strong> <strong>the</strong> Association <strong>of</strong> Chief Police<br />

Officers should consider issuing guidance on Chief Constable (Assistant<br />

Commissioner) Reviews.<br />

175

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