Neil Wilby Media

In a short notice published on the North Yorkshire Police website, it has emerged that an officer deployed with their force has been granted anonymity at gross misconduct proceedings scheduled to open on Wednesday, 30th August, 2023.

“At North Yorkshire Police Headquarters, Alverton Court, Crosby Road, Northallerton, a misconduct hearing under the Police (Conduct) Regulations 2020 will take place in relation to an officer.

“It is alleged that the officer has breached the Standards of Professional Behaviour for police officers, specifically the Standards of:

1. Authority, Respect and Courtesy; and
2. Discreditable conduct.

“It is alleged that the officer has subjected females to unwanted, abusive, controlling and/or coercive behaviour during the course of his relationship with them.

“And it is contended that (if proven) the allegations amount to gross misconduct.

“The hearing will be in private. The Legally Qualified Chair (LQC) will be Gerald Sydenham. Any representations, including by any news or media organisation, regarding the imposition of reporting restrictions (or other conditions on the hearing) should be made in writing to the LQC c/o Phil Jones, North Yorkshire Police philip.jones.@northyorkshire.police.uk by 4pm on 25 August 2023″.

Gerry Sydenham is a solicitor, experienced in criminal law, regulatory work, and a former Head of the Crown Court Unit at CPS North East. 

The Office of the Police and Crime Commissioner for North Yorkshire, which provides political oversight of the force, and champions the cause of violence reduction, particularly towards females, says it ‘wouldn’t be appropriate’ to comment on the issue.

Gwen Swinburn, a York-based, nationally-known democracy advocate, has challenged the anonymity order, particularly the absence of the officer’s rank, and the hearing of proceedings in private – and asked for her concerns to be put before the LQC.

“May I please understand your reasons for allowing this hearing to be held completely in private and also why you have neither published the rank nor name of the subject officer.

“The reason I ask is that it seems that other difficult hearings have been in public, with the rank and name of the officer in the public domain.

“I don’t think it is fair on those officers put through such a public process, that this one, which sounds really dreadful, is not only to be held in private, but you don’t publish the rank or name of the subject officer. One is drawn to the conclusion that this is not a fair process. Not a senior officer enjoying special privileges, I hope.

“Can this be clarified please?”

A spokesperson for the force says:

“The default position for Gross Misconduct hearings for police officers are they are heard in public, this ensures transparency and maintains public confidence in policing.

“However, in some cases it may be necessary for restrictions to be imposed by way of attendance at the hearing and or reporting restrictions. This is a matter for the independent

“Legally Qualified Chair (LQC) who chairs the proceedings, this is not a decision made by North Yorkshire Police.

“In this instance the independent LQC has approved the publication of the hearing notice and confirmed that the hearing listed to commence on 30th August will be heard in private”.

The force has also confirmed that The Yorkshire Post has made representations to the LQC over his decision to hold the hearing in private. The author of this article, Neil Wilby, an accredited journalist and court reporter, is making a similar challenge. 

Since January, 2022, there have been ten NYP misconduct hearings, all held in public (source: Misconduct999).

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Page last updated: Friday 25th August, 2023 at 11h45

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Picture credit: NYP

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