Issue - decisions

PCC DN Indemnity for Legally Qualified Persons & Independent Panel Members for Police Misconduct Panels

19/09/2024 - PCC DN Indemnity for Legally Qualified Persons & Independent Panel Members for Police Misconduct Panels

To provide Indemnity to Legally Qualified Persons and Independent Panel Members for Police Misconduct Panel arranged thus far for 2024/25 in accordance with the additional wording recommended by the Association of Police and Crime Commissioners as follows: -

In respect of the case of ....... which is to be held on ………. the Greater Manchester Combined Authority (the legal entity in which the property, rights and liabilities of Police and Crime Commissioner for the Greater Manchester area are vested) agrees to indemnify you as the Legally Qualified Person (“LQP”)/ Independent Panel Member (“IPM”) in respect of: -
(i) any liabilities arising (including reasonable costs as agreed with you in connection with responding to or engaging with any legal proceedings or matters arising from the discharge of your functions as an LQP/IPM) for anything done or omitted to be done by you in the discharge of those functions unless, having received representations or submissions by or on your behalf, you are proved in a court of law or other tribunal with appropriate jurisdiction to have acted in bad faith. Furthermore, in the event of your being held to have any liability for anything done or omitted to be done by another member of the Panel of which you are part, the GMCA agrees to indemnify you in full in respect of any such liability.
(ii) any costs you may incur as a consequence of your being in receipt of a witness summons/order (or an application therefor) to give evidence in any court or tribunal of whatever nature concerning and/or relating to your and/or the Panel’s conducting of those proceedings and/or the decisions of the Panel in those proceedings. For the avoidance of doubt, this indemnity includes, but is not limited to, any costs you may incur:

• In seeking legal advice in relation to the receipt of a witness summons/order or an application therefor.
• In relation to the preparation of any representations and/or witness statements in relation to an application for a witness summons/order and/or in relation to an application to set aside the issuing of a witness summons/order.
• In relation to securing legal representation at any hearing of an application for a witness summons/order and/or the hearing of any application to set aside the issuing of a witness summons/order.
• In relation to the costs (including costs of legal representation) of participating in any appeal and/or application for judicial review (and any appeal therefrom) arising as a consequence of your being in receipt of an application for a witness summons/order or an application therefor; and
• In relation to attending a hearing or hearings, including the time spent thereat.

However, save where the issue/matter needs to be addressed by you immediately, no costs to which this indemnity applies should be incurred by you before you have notified the Director Police, Crime, Criminal Justice and Fire of the GMCA of the nature and extent of the issue/matter giving rise to a claim under it.