On 18th November, 2022 an accelerated misconduct hearing was held at Greater Manchester Police HQ, chaired by Chief Constable Stephen Watson.
It followed an incident in December. 2021 during which PC Jacub Mielczarek had assaulted a male member of the public whilst off duty and severely intoxicated. The officer admitted the assault and accepted an adult caution as a disposal on 18th January, 2022.
The offence, kicking the man in the chest, was contrary to Section 39 of the Criminal Justice Act, 1998.
The disciplinary proceedings, at which the officer was present and represented by Jaime Hamilton KC, were consequential to those events. Catherine Ravenscoft, of counsel, represented GMP’s Appropriate Authority.
PC Mielczarek admitted that he had breached Professional Standards – in this case, discreditable conduct – and the chief constable determined that the threshold for gross misconduct was reached.
CC Watson took into account the ‘open and honest’ approach of PC Mielczarek throughout the criminal and disciplinary processes, expressions of remorse, a fulsome apology offered up by him, glowing references as to his general conduct and performance, together with victim statements from the man assaulted and his partner.
Having taken due regard to the College of Policing‘s Guidance, and particularly the three stage approach set out in section 4, it was determined that PC Mielczarek’s immediate dismissal from the force was the appropriate sanction – and the only feasible option open to him if the public were to maintain confidence in the police service. Particularly in the light of what the chief said are ‘current acute and pronounced public concerns over unlawful violence of police officers’.
His concluding comments were that ‘this was a difficult judgment to come to in that the circumstances reflect the waste of great potential in respect of a promising young officer’
CC Watson also ordered that PC Mielczarek’s name be added to the College of Policing’s Barred List. Which, in effect, means that he cannot request a review of the order, as a prerequisite to applying to re-join the police, until at least five years have elapsed.
Page last updated Thursday 1st December, 2022 at 1650hrs
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