'That
the gun was never out of PC Jenkins' direct and immediate control because it
was in a holster, attached to his trousers, which were attached to him, albeit
around his ankles'
IPCC
criticises Gwent Police handling of firearms officer who had sex on duty
The
Independent Police Complaints Commission has today published its investigation
report into the way that Gwent Police dealt with a complaint about a firearms
officer who had sex on duty. The officer was eventually dismissed from the
force but re-instated after he appealed to the Police Appeals Panel. The
force's head of professional standards was also disciplined and removed from
his role for the way this case was dealt with.
On 10 April 2010, PC Shaun Jenkins was on armed patrol duties in the Caerphilly local police unit area with a colleague when they stopped for a woman PC Jenkins knew. They gave her a lift in the armed response vehicle to a house the officer owned in that area. It was here that PC Jenkins and the woman had consensual sex.
The matter came to the attention of Gwent Police after the woman's husband made a complaint about PC Jenkins' conduct while he was on duty.
The force initially decided this was not a dismissible offence. A report was then sent to both the complainant and the IPCC. The report did not mention that these were on-duty firearms officers.
The force went on to breach the complainant's rights by finalising the disciplinary process before he could exercise his right of appeal to the IPCC and gave PC Jenkins a final written warning. The firearms officer who had waited in the police vehicle for about 40 minutes was also disciplined by the force.
However in January 2011, the complainant appealed to the IPCC who upheld the appeal and decided that the seriousness of PC Jenkins' actions meant it should have been regarded as gross misconduct. The IPCC directed Gwent Police to hold a misconduct hearing. PC Jenkins was then dismissed.
In October 2011, PC Jenkins appealed against his dismissal and a Police Appeal Panel reinstated him on 23 April 2012. The panel was critical of the way the disciplinary process had been applied to PC Jenkins.
IPCC Commissioner for Wales Tom Davies said: "Any officer having sex on duty is unacceptable behaviour that falls well below what is expected of all police officers. Those who carry firearms are rightly subject to the highest standards of training, procedures and discipline.
"The manner in which this complaint was originally handled by Gwent Police is unacceptable and their attempts to 'fast-track' the complaint and deal with it outside the formal regulations are not good enough.
"I note and accept the reinstatement of this on-duty firearms officer on the basis stated by the Police Appeals Panel. The Panel also found two errors in the disciplinary process and, with Gwent Police, have ensured that no such procedural error will be repeated. Further I have been reassured by Gwent Police that, after a careful audit, no similar errors were made in other cases to prevent full disciplinary processes being followed.
On 10 April 2010, PC Shaun Jenkins was on armed patrol duties in the Caerphilly local police unit area with a colleague when they stopped for a woman PC Jenkins knew. They gave her a lift in the armed response vehicle to a house the officer owned in that area. It was here that PC Jenkins and the woman had consensual sex.
The matter came to the attention of Gwent Police after the woman's husband made a complaint about PC Jenkins' conduct while he was on duty.
The force initially decided this was not a dismissible offence. A report was then sent to both the complainant and the IPCC. The report did not mention that these were on-duty firearms officers.
The force went on to breach the complainant's rights by finalising the disciplinary process before he could exercise his right of appeal to the IPCC and gave PC Jenkins a final written warning. The firearms officer who had waited in the police vehicle for about 40 minutes was also disciplined by the force.
However in January 2011, the complainant appealed to the IPCC who upheld the appeal and decided that the seriousness of PC Jenkins' actions meant it should have been regarded as gross misconduct. The IPCC directed Gwent Police to hold a misconduct hearing. PC Jenkins was then dismissed.
In October 2011, PC Jenkins appealed against his dismissal and a Police Appeal Panel reinstated him on 23 April 2012. The panel was critical of the way the disciplinary process had been applied to PC Jenkins.
IPCC Commissioner for Wales Tom Davies said: "Any officer having sex on duty is unacceptable behaviour that falls well below what is expected of all police officers. Those who carry firearms are rightly subject to the highest standards of training, procedures and discipline.
"The manner in which this complaint was originally handled by Gwent Police is unacceptable and their attempts to 'fast-track' the complaint and deal with it outside the formal regulations are not good enough.
"I note and accept the reinstatement of this on-duty firearms officer on the basis stated by the Police Appeals Panel. The Panel also found two errors in the disciplinary process and, with Gwent Police, have ensured that no such procedural error will be repeated. Further I have been reassured by Gwent Police that, after a careful audit, no similar errors were made in other cases to prevent full disciplinary processes being followed.
"The
finding of the Police Appeals Panel that the gun was never out of PC Jenkins'
direct and immediate control because it was in a holster, attached to his
trousers, which were attached to him, albeit around his ankles, is surprising.
I am also bemused by the panel's conclusion that his conduct did not
significantly downgrade the protection to the public because there was nothing
to suggest he could not have been back in the police vehicle within a minute or
two. These findings can only undermine public confidence in the credibility of
the police discipline system."
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