30 July 2009
R (on the application of Kay) v Chief Constable of Northumbria Police [2009] EWHC 1835 (Admin), [2009] All ER (D) 238 (Jul)
The test for determining if a case against a probationary police officer should be determined under reg 13 of the Police Regulations 2003 (SI 2003/527), or under the Police (Conduct) Regulations 2004, SI 2004/645, was whether there was such conflict over the facts relating to the misconduct relied on with the consequence that it would be unfair for the Chief Constable to make a judgment on the basis of the undisputed primary facts rather than giving the probationary police officer the protection to which he or she was entitled under the 2004 Regulations.
