Practice and Procedure

R (on the application of MONTGOMERY) v POLICE APPEALS TRIBUNAL (2012)

PUBLISHED March 23, 2012

[2012] EWHC 936 (Admin)

In the context of misconduct proceedings against a police officer, the court determined that the police disciplinary panel had been entitled to refuse an adjournment pending a hearing before the Crown Court, and in the circumstances its decision not to await that hearing was not necessarily wrong or unfair. However, it was dangerous for a panel to refuse to adjourn a matter pending a hearing before a criminal court when there was a real issue as to whether a particular offence which was relied on had been committed.

QBD (Admin) (Collins J)