Police (Conduct) (Amendment) Regulations 2024
JOB DESCRIPTION
Purpose of Office
The Legally Qualified Advisor is a legally qualified person held on a list maintained by MOPAC for the purpose of supporting police misconduct panels (PMPs). The Legal Advisor is responsible for providing legal and procedural advice to police misconduct panels taking place within the London Region, specifically Metropolitan Police Service, City of London Police and Ministry of Defence Police.
The Legal Advisor is appointed to advise the panel members on points of law, or procedure arising in the pre-hearings and hearings. The Legal Advisor must also (if delegated by the Chair) draft the panel’s outcome report. However, they are independent from the panel and play no part in the decision-making process.
The Police (Conduct) (Amendment) Regulations 2024 provide that a Legal Advisor will be appointed to support the chair and panel where the officer concerned is a senior officer. Legal advisors will also be appointed to support the chair of senior officer accelerated hearings.
The Police (Conduct) (Amendment) Regulations 2024 provide that a Legal Advisor may be appointed to support accelerated hearings for non-senior officers. As at May 2024, MOPAC will not appoint Legal Advisors to non-senior officer accelerated hearings. However, it is a function that we may ask Legal Advisors to provide in the future.
General Background
Following conclusion of the Government review into the process of police officer dismissals, the new regulations to effect changes will come into force on 7 May 2024. The new regulations will remove the role of Legally Qualified Chair (LQC), giving responsibility for chairing non-senior officer (including special constables) misconduct proceedings to chief officers, or their delegate. In addition, the new regulations change the composition of PMPs.
PMPs for non-senior officers will now consist of a chair and two independent panel members (IPMs). The chief officer will chair the PMP (but this can be delegated to another senior officer, former senior officer, or member of police staff, who the chief officer considers to be of an equivalent grade to a senior officer). The two independent panel members will be appointed by MOPAC. One of the IPMs will be required to have specific, relevant expertise.
Role of Legal Advisor
- The Legal Advisor must be able to provide appropriate support to the panel in line with the Police (Conduct) (Amendment) Regulations 2024, as amended, and contractual requirements.
- The Legal Advisor is not a decision maker, but the Legal Advisor is responsible for providing legal or procedural advice, which the panel must have regard to. The advice provided by the Legal Advisor must be given in public and to all parties to the hearing.
- The Legal Advisor must show commitment to and understanding of the relevant policing regulations and the statutory framework within which hearings are conducted. Legal Advisors must stay well informed and keep up to date on relevant case law.
- The Legal Advisor will be appointed as soon as practical after the notice of referral to misconduct proceedings is served on the subject officer (Regulation 30, Police (Conduct) (Amendment) Regulations 2024).
- Legal Advisors will also attend and support the chair at the pre-hearing stage. The Legal Advisor will support the panel throughout the misconduct proceedings to ensure that they are conducted fairly.
- The Legal Advisor may be appointed to support the chair both in deciding whether a misconduct pre-hearing is applicable, and the directions for dealing with matters in advance.
- The Legal Advisor will be required to provide guidance on the law to the panel during a hearing. The Legal Advisor will be present during the panel deliberations but must have regard for the panels’ autonomy in reaching decisions. Legal Advisors play no part in the decision-making process.
- The Legal Advisor will be appointed to support the chair of a senior officer hearing. Upon the request of the chair the Legal Advisor must provide advice in respect of any legal or procedural issues relating to the misconduct proceedings.
- The Legal Advisor will be appointed to support senior officer accelerated misconduct hearings. Upon the request by the chair the Legal Advisor must provide advice in respect of any legal or procedural matters relating to the accelerated misconduct hearing.
Main Activities
The main activities of the Legal Advisor are as follows:
- Providing legal or procedural advice – Identify when there is a need to provide legal or procedural advice. Providing independent, proportionate and unbiased advice that is relevant and tailored according to the circumstances of the case. Applying relevant case law and concepts related to public interest and public confidence.
- Supporting pre-hearings and hearings – for example, providing legal advice on whether witnesses are permitted to be called to give evidence at the hearing and whether a notice of the hearing is required.
- Supporting the panel to ensure proceedings are conducted fairly and according to relevant rules and procedures – Recognises and shows understanding of the differing needs of participants. Shows appropriate regard for the panels’ autonomy in reaching decisions. Values and promotes equality and diversity and reminds the panel of its responsibilities under the Equality Act 2010.
- Providing clear concise and accurate explanations – As required, in both oral or written form, assist the chair in the drafting of decisions. If delegated by the chair, must draft the outcome report. As necessary, ensuring decisions are structured appropriately, in particular where the issues may be complex or technical.
Time Commitment
- Misconduct cases are triggered by the officer receiving notice of referral to misconduct proceedings under the regulations. There are time constraints within the regulations and Legal Advisors are expected to support the chair to adhere to these timelines.
- Undertakes preparation in advance of each hearing and assists the chair (and case manager) to effectively use time available. If required, draft the outcome report in a timely manner and in a timescale agreed with the chair and in line with regulations.
- Although cases are unpredictable in nature, on average there are expected to be between 250 and 300 standard track hearings per annum. A Legal Advisor should be prepared to support 12 – 15 pre-hearings/hearings per annum. Hearing lengths average 3-5 days and in exceptional cases can extend for a number of weeks.
- Appointments will be for a 5-year term with the possibility of a second term. We may consider further terms as approved locally.
Jurisdiction
- The Police Misconduct Panel hears cases under the Police Conduct Regulations
Person Specification
Able to demonstrate the competencies required for the role of Legal Advisor
Essential criteria
- Experience of evaluating evidence, or information and providing advice
- Ability and willingness to develop knowledge of police disciplinary framework, Human Rights Act and relevant Court decisions
- Experience of evaluating evidence, or information and providing advice
- Excellent communication skills
- At least 5 years qualification experience
Desirable criteria
- Able to demonstrate previous committee or judicial work or service on a Board or Council.
- Experience of chairing meetings and ability to exercise control over proceedings
Applicants will be assessed against the following qualities and abilities
- Intellectual Capacity
- Quickly absorbs and analyses complex information with ease.
- Knowledge of the police disciplinary legislative framework, case-law and underlying principles, or the ability to acquire this knowledge.
- Personal Qualities
- Integrity and independence of mind.
- Commitment to equality, diversity and inclusion.
- Sound judgement.
- Objective and have the ability to recognise conflicts or potential conflicts of interest and declare them
- Learns and develops professionally.
- Maintains up to date knowledge of issues relevant to the role.
- An ability to understand and deal fairly
- Shows awareness of equality and diversity issues that may arise in policing Committed to public interest, impartiality, and fair treatment.
- Listens with patience and courtesy.
- Authority and Communication Skills
- Inspires respect and confidence.
- Engages constructively
- Excellent presentation skills
- Efficiency
- Works at speed, including when under pressure.
- Manages time effectively
- Works constructively with others.
- Makes effective use of technology, including computers, video- and telephone-conferencing.
Qualifications and training required
Candidates must satisfy the judicial-appointment eligibility condition on a 5-year basis[1]. As set out in section 50 of the Tribunals, Courts and Enforcement Act 2007 (please see appendix 1)
Fees
Fees for the Legal Advisor is a daily rate of £511.56. Please refer to the fee structure for more information.
Expenses
Reasonable expenses will be reimbursed. Travel expenses will be reimbursed for standard fares only.
Successful candidates will be required to undergo a security vetting process.
STANDARD ELIGIBILITY CLAUSES FOR LEGALLY QUALIFIED ADVISORS’ SELECTION EXERCISES
Age
There is no upper or lower age limit for candidates for this post. However, MOPAC aligns our age limits with that set by the Judicial Appointments Commission, as at February 2025 it is 75.
Nationality
Candidates will need to fulfil one of the following nationality requirements:
- Be a citizen of the United Kingdom
- Be a citizen of the Republic of Ireland
- Be a citizen of a commonwealth country or
- Hold dual nationality, one of which falls in one of the above categories
Disability
If appointed, reasonable adjustments will also be considered to ensure that a disabled appointee can take up and perform in office.
Health
Candidates must be capable of fulfilling the particular office they have applied for. If a health condition constitutes a disability within the meaning of the Equality Act 2010, or for Northern Ireland within the Disability Discrimination Act, if appointed, reasonable adjustments will be considered on taking up office and during service.
Please note currently sitting magistrates are ineligible for appointment.
Appendix 1
Tribunals, Courts and Enforcement Act 2007
Section 50-52
50: Judicial appointments: “judicial-appointment eligibility condition”
(1)Subsection (2) applies for the purposes of any statutory provision that—
(a)relates to an office or other position, and
(b)refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision).
(2)A person satisfies that condition on an N-year basis if—
(a)the person has a relevant qualification, and
(b)the total length of the person’s qualifying periods is at least N years.
(3)In subsection (2) “qualifying period”, in relation to a person, means a period during which the person—
(a)has a relevant qualification, and
(b)gains experience in law (see section 52).
(4)For the purposes of subsections (2) and (3), a person has a relevant qualification if the person—
(a)is a solicitor or a barrister (but see section 51), or
(b)holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned.
(5)In this section—
- “barrister” means barrister in England and Wales;
- “solicitor” means solicitor of the Senior Courts of England and Wales;
- “statutory provision” means—
(a)
a provision of an Act, or
(b)
a provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)).
(6)Schedule 10, which makes amendments—
- for the purpose of substituting references to satisfying the judicial-appointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41),
- for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and
- for connected purposes, has effect.
(7)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court.
51: “Relevant qualification” in section 50: further provision
(1)The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order.
(2)[F1awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).]
(3)An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it.
(4)Where—
(a)a qualification is specified under subsection (1),
(b)the qualification is one awarded by a body such as is mentioned in subsection [F2(2)], and
(c)[F3, for the purposes of the Legal Services Act 2007, the body—
(i)is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and
(ii)is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),]
the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under[F4section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator).].
(5)For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person’s name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person’s admission as a solicitor.
(6)For the purposes of section 50 and this section, a person shall be taken first to become a barrister—
(a)when the person completes pupillage in connection with becoming a barrister, or
(b)in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales.
(7)For the purposes of section 50—
(a)a barrister,
(b)a solicitor, or
(c)a person who holds a qualification specified under subsection (1),
shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification.
(8)The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7).
(9)Before making an order under subsection (1) or (8), the Lord Chancellor must consult—
(a)the Lord Chief Justice of England and Wales, and
(b)the Judicial Appointments Commission.
(10)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise his function under subsection (9)(a).
(11)In this section—
- “barrister” means barrister in England and Wales;
- “solicitor” means solicitor of the Senior Courts of England and Wales.
(12)Power to make an order under this section is exercisable by statutory instrument.
(13)An order under this section may make different provision for different purposes.
(14)No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament.
(15)At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court.
52: Meaning of “gain experience in law” in section 50
(1)This section applies for the purposes of section 50.
(2)A person gains experience in law during a period if the period is one during which the person is engaged in law-related activities.
(3)For the purposes of subsection (2), a person’s engagement in law-related activities during a period is to be disregarded if the engagement is negligible in terms of the amount of time engaged.
(4)For the purposes of this section, each of the following is a “law-related activity”—
(a)the carrying-out of judicial functions of any court or tribunal;
(b)acting as an arbitrator;
(c)practice or employment as a lawyer;
(d)advising (whether or not in the course of practice or employment as a lawyer) on the application of the law;
(e)assisting (whether or not in the course of such practice) persons involved in proceedings for the resolution of issues arising under the law;
(f)acting (whether or not in the course of such practice) as mediator in connection with attempts to resolve issues that are, or if not resolved could be, the subject of proceedings;
(g)drafting (whether or not in the course of such practice) documents intended to affect persons’ rights or obligations;
(h)teaching or researching law;
(i)any activity that, in the relevant decision-maker’s opinion, is of a broadly similar nature to an activity within any of paragraphs (a) to (h).
(5)For the purposes of this section, an activity mentioned in subsection (4) is a “law-related activity” whether it—
(a)is done on a full-time or part-time basis;
(b)is or is not done for remuneration;
(c)is done in the United Kingdom or elsewhere.
(6)In subsection (4)(i) “the relevant decision-maker”, in relation to determining whether a person satisfies the judicial-appointment eligibility condition on an N-year basis in a particular case, means—
(a)where the condition applies in respect of appointment by Her Majesty to an office or other position, the person whose function it is to recommend the exercise of Her Majesty’s function of making appointments to that office or position;
(b)where the condition applies in respect of appointment, by any person other than Her Majesty, to an office or other position, that person.
(7)In subsection (6) “appointment”, in relation to an office or position, includes any form of selection for that office or position (whether called appointment or selection, or not).