Amy Clarke successfully appears in the Police Appeals Tribunal in a case involving sexual activity with a vulnerable victim of crime

Amy Clarke successfully represented North Wales Police in an appeal relating to on duty sexual activity with a vulnerable victim of crime.

In 2015, the officer concerned engaged in sexual activity with a vulnerable individual who had been a victim of historic sexual abuse. The officer had been tasked to act in a supportive capacity as a liaison between the individual and other agencies, and she was therefore considered to have been in a position of heightened trust and authority.

Amy represented the Appropriate Authority at the original misconduct hearing in December 2019. On the morning of the hearing, the officer resigned. The Panel considered that if she had been a serving officer at the time of the hearing, she would have been dismissed. The officer subsequently appealed, on the basis that new information had come to light which might have altered the Panel’s original decision on dismissal. After a two day appeal hearing heard in private, the Panel determined that the appeal grounds were not made out, and the new information relied upon could not have altered the original outcome.

This was an important case that reinforces the significance of cases involving abuse of position for sexual gain, particularly following on from The Baroness Casey Review. Amy has particular interest and experience in such cases, and regularly advises and represents Appropriate Authorities in these matters from the misconduct investigation phase through to hearings.

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Authors

Amy Clarke

Call 2010

Related areas

Police Law

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Professional Discipline & Regulatory

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