News & Insights
Martyn Hynes persuades misconduct panel that an extended final written warning was suitable for a police officer found to have breached the standards for honesty and integrity after a 9mm ammunition round was misplaced.
Pursuant to regulation 41(10) The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020, Martyn Hynes persuaded the Panel that the facts of this case were extraordinary and dismissal was not justified.
The officer who had 35 years exemplary service had misplaced a 9mm round following an armed patrol. Having failed to follow procedures and report the missing round, the officer and his colleague intended to return to work the following shift and search again without disclosing the loss. The armoury book was signed to account for all rounds. The officer and his colleague made full admissions. The Panel heard of the exemplary records and early admissions to supervisors about their conduct. In the year between the incident and the misconduct hearing, both officers worked in a restricted capacity to the best of their ability.
The officer gave credible evidence during the proceedings. The officer was found to have committed multiple breaches of the standards of professional behaviour including honesty and integrity which was found to be ‘operational dishonesty’.
Martyn appeared alongside Adam King (QEB Hollis Whiteman) who represented the officers colleague.
The Panel considered the public interest in retaining good officers and issued a final written for a period of five years for both officers.
Martyn was instructed by Jo Kaucher of Blackfords LLP.
Tom Edwards looks at the impact of the shift from Joint Enterprise to Common Purpose in the five years since…
Ben Hargreaves explores the inherent challenges in the admissibility of sexual history in sex cases. Section 41 of the Youth…
Silas Lee, pupil barrister, reviews the statutory regime on witness anonymity. Anonymous witness orders are most commonly sought by the…