Two Police Officers Cleared of Gross Misconduct

Sophie Evans and James Lloyd successfully represented two Sussex police officers accused of gross misconduct before a Police Misconduct Panel.

After a four-day hearing, the panel made no adverse factual findings against James’ client and dismissed the case against that officer in its entirety. The panel made an isolated duties finding in respect of Sophie’s client and issued a warning.

The allegations related to the officers’ decision not to arrest a youth when tasked to do so. In the weeks that followed, the youth was murdered. It was further alleged that the officers had conspired to mislead colleagues, resulting in records of the arrest attempt that were deliberately misleading.

Following detailed submissions on the lawfulness of arrest discretion under the Bail Act, section 24 PACE and Code G, and reliance on the College of Policing’s APP on Risk, the panel accepted that the decision taken was a lawful, proportionate, welfare-led exercise of operational discretion. The case against the officers for breach of duty collapsed.

The defence emphasised that arrest is a power, not a duty, and that officers are legally required to assess necessity and proportionality under Code G before exercising that power. The panel agreed, adopting the reasoning of the APP, that policing decisions must be judged not by the quality of the decision itself, but by quality of decision-making at the time, uncontaminated by hindsight.

The outcome reinforced the principle that lawful discretion, properly exercised, should not amount to misconduct. It also provides reassurance for officers making rapid risk-based decisions in line with the National Decision Model and APP on Risk.

Sophie Evans and James Lloyd were instructed by Mark Riley of MJR Solicitors and the Sussex Police Federation.

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Sophie Evans and James Lloyd act for police officers, professional regulators and individuals across the criminal and disciplinary spectrum, including accelerated misconduct hearings, gross misconduct hearings, IOPC investigations, and appeals.