What is a special case hearing.
A special case hearing, also known as fast track procedures rely on 'incontravertible evidence'.

The special case procedures can only be used if the appropriate authority certifies the case as a special case, having determined that the 'special conditions' are satisfied or if the IPCC has given a direction under paragraph 20H(7) of Schedule 3 to the Police Reform Act 2002.

The 'special conditions' are that -

  • there is sufficient without further evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct of the police officer concerned constitutes gross misconduct;
  • and
  • it is in the public interest for the police officer concerned to cease to be a police officer without delay.
These procedures are therefore designed to deal with cases where the evidence is incontrovertible in the form of statements, documents or other material and is therefore sufficient without further evidence to prove gross misconduct and it is in the public interest, if the case is found or admitted for the police officer to cease to be a member of the police service forthwith.

Even where the criteria for special cases are met there may be circumstances where it would not be appropriate to certify the case as a special case, for instance, where to do so might prematurely alert others (police officers or non-police officers) who are, or may be, the subject of an investigation.
Category: MISCONDUCT, [91]