Controversial new powers for chief constables to sack rogue officers have come under fire.

It comes as Avon & Somerset’s police and crime commissioner (PCC) last week launched a search for up to 16 independent panel members to sit alongside the force’s top officer Sarah Crew on misconduct hearings, which are held in public.

But barrister John Bassett, president of the National Association of Legally Qualified Chairs (LQCs) – independent lawyers whose current role chairing cases will be replaced by chief constables or a delegated senior officer – said there was a substantial risk that the system would no longer be open, fair and transparent.

The original plan when the Home Office published its proposals in the autumn was for LQCs to remain on panels but not in charge of proceedings.

At the time, Mr Bassett said this would not work because downgrading the lawyers to “glorified secretaries” meant police chiefs would be effectively “marking their own homework”.

But the LQCs’ role will now be watered down even more so that they will provide only advice and not be on the decision-making panel at all, which will comprise a top officer and two independent panel members.

Mr Bassett told the Local Democracy Reporting Service that a police chief chairing a hearing only had to take the LQC’s advice into consideration and that they could appoint their own legal adviser and go with their guidance instead.

Mr Bassett said: “There is going to be a legally qualified person to give advice who will be appointed by the PCC but the requirement of the chair is simply ‘to have regard to it’.

“We’ve got a situation where the legally qualified person could give evidence to the panel but the chair would not be obliged to accept the advice.

“They retained the provision for the chief officer to appoint their own legal adviser.

“That gives rise to the possibility that if chief officers appoint their own legal advisers, they could say ‘we don’t like your advice, we prefer the advice of our own appointee’.

“In those circumstances there is the potential for conflicting advice.”

He said that while current LQCs had to meet certain eligibility criteria, this would not apply to legal advisers appointed by a chief constable.

Mr Bassett said: “The proposed changes are a retrograde step and there is a substantial risk they will no longer be open, fair and transparent.”

He said there was no evidence in the Home office review that the introduction of LQCs eight years ago had led to fewer officers being dismissed for gross misconduct, despite the assertion by senior police including Metropolitan Police Commissioner Sir Mark Rowley, who branded them “fundamentally soft”.

Mr Bassett said: “I have worked with a number of extremely good independent panel members but it raises the question that if the chief constable is chairing the matter, will there be a robust process that could stand up to scrutiny?”

Avon & Somerset Police Federation has said the changes would turn misconduct hearings into “kangaroo courts” with police chiefs given the power to dismiss officers “on a whim”.

A Home Office spokesperson said: “We are making it easier for chief constables to sack corrupt officers and those who fail vetting by giving them the ability to root out those not fit to serve in their force.

“Under the new system, misconduct panels will now be chaired by police chiefs who will be advised by an independent lawyer.

“A finding of gross misconduct will automatically result in a police officer’s dismissal, unless exceptional circumstances apply.”

Police and staff will also be fired if they fail new tougher revetting checks.

The changes are coming into force following the shocking cases of Met officers Wayne Couzens, who raped and murdered Sarah Everard, and serial rapist David Carrick, neither of whom faced misconduct hearings before their arrests and convictions.

Avon & Somerset PCC Mark Shelford issued a press release on Monday, February 12, seeking the new independent panel members.

He said the new part-time voluntary roles did not require legal expertise but that his office was inviting people to apply with experience in areas such as senior leadership, compliance, and HR and people management.

Mr Shelford said: “These roles are vital to ensuring a robust process for the way issues of misconduct are handled.

“The objective views of our panel members in reaching decisions which impact the public and the region’s police officers and their colleagues are fundamental to restoring trust and confidence in policing.

“While only a very small minority of police officers behave in ways which fall foul of the high expectations we put on them, we will not tolerate any behaviours within police ranks which is detrimental to the people of Avon & Somerset.”

People can apply before tomorrow (February 21) here: https://oppcforavonandsomerset.talosats-careers.com/job/51215

The force’s misconduct process recently came under the national spotlight when Channel 4 aired its three-part documentary series To Catch A Copper.