PC Humpherson was a West Midlands police officer when he engaged in inappropriate sexual behaviour amounting to gross misconduct. The decision of a Police Misconduct Panel was that he should be dismissed without notice. The officer appealed against the same, without success.
This judicial review examined the lawfulness of particular findings made by the first instance Panel and upheld on appeal. Olivia Checa-Dover successfully defended the claim, heard before The Honourable Mr. Justice Henshaw. In a clear and detailed judgment, Henshaw J rejected each Ground of the former officer’s challenge. The principals of wider application include the following:
1. The court reiterated that the College of Policing Guidance on Outcomes is of use in the severity assessment, as well as the outcome decision [28]; and
2. The use of the disjunctive “or” in the Guidance is to be noted. Where present, any of the listed aggravating features is sufficient to heighten the assessment of seriousness [47].
The full judgment can be found here