Successful defence of North Yorkshire Police Officer at Police Misconduct Hearing for Michael Rawlinson
October 13, 2016
Michael Rawlinson, from Exchange Chambers, has successfully defended a North Yorkshire Police Constable who faced dismissal, after being accused of two allegations of gross police misconduct and three further allegations of police misconduct.
North Yorkshire Police had asked that the officer should be dismissed without notice insisting that the officer had demonstrated a “total lack of insight” into the severity of his behaviour, and that dismissal was “the only appropriate sanction” after the officer admitted using racist and sexually inappropriate language on two separate occasions. Those matters amounted to gross misconduct, whilst the officer admitted three other matters concerning the inadequate performance of his duties which amounted to misconduct.
In his defence, Michael successfully persuaded the Misconduct Panel that the comments had been wholly out of character, significantly contributed to by what was described as a “toxic web of personal difficulties”. These included long-term depression, PTSD following service in the Armed Forces, bereavements and serious health problems suffered by his immediate family.
Given its obvious sensitivity the Misconduct Hearing, which was held in public, generated substantial media interest and received extensive regional and national press coverage throughout:
Following a three-day misconduct hearing, on 12 October, the Panel agreed with the submissions made, namely that the most appropriate sanction was a Final Written Warning rather than Dismissal of the Officer without notice.
Michael was instructed by Matthew Savage of Cartwright King solicitors in Newcastle.
Michael is regularly instructed on behalf of Police Officers from a variety of Police Forces in Police Misconduct Hearings. He is a member of the Exchange Chambers Police Law team.