Yates has gone

by **PeterMac** 18.07.11 14:14

Yates has just resigned, minutes before the Committee were going to suspend him.
Next ... !

by Guest 18.07.11 14:17

PeterMac wrote:Yates has just resigned, minutes before the Committee were going to suspend him.
Next ... !

I was just typing the same thing PeterMac big grin

someone just pointed out if they resign they keep their pension, but if they are sacked they lose it. Is that right?

by Guest 18.07.11 14:24

If that is the case, that is disgusting.

by **PeterMac** 18.07.11 14:43

Not quite correct. But if you retire and have more than 30 years service the index linking kicks in straight away.
To lose your pension altogether you have to be sentenced to more than 5 years imprisonment.
(Which is of course not out of the question with this enquiry !)

by **Tony Bennett** 18.07.11 15:20

candyfloss wrote:
PeterMac wrote:Yates has just resigned, minutes before the Committee were going to suspend him.
Next ... !
I was just typing the same thing PeterMac

Someone just pointed out if they resign they keep their pension, but if they are sacked they lose it. Is that right?

I believe I am qualified to answer this as I am currently engaged in helping Les Balkwell who has brought complaints of misconduct/corruption against 23 current or former Essex Police Officers in relation to their actions (or inactions) following the unexplained death of his son Lee.

Only 16 of those could be proceeded with for various technical and procedural reasons. Those 16 serving officers were served with Regulation 9 notices by the IPCC in December 2008 and are currently being investigated for misconduct/corruption.

No fewer than eight of these officers have however been allowed to resign from the force, meaning that the IPCC can only proceed against the remaining eight.

Not only can I confirm that by resigning, an officer secures his pension but also the moment he resigns he is under no obligation whastoever to assist the IPCC with a misconduct/corruption enquiry. They do not have to answer a single question in writing or orally - and can just tell the IPCC to get knotted.

These officers who have resigned can only be investigated for crimes - the same as any other citizen.

ETA I should add however that the likes of Andy Hayman and John Yates can and will of course be summoned before the new judge-led inquiry into 'phone hacking, and they will be in contempt of court if they do not appear. This is precisely why The Madeleine Foundation supports the petition for a similar, judge-led enquiry, with the power to summon witnesses, into all apsects of the disapperance of Madeleine McCann. That way, the McCanns and their 'Tapas 9' friends, and the likes of Brian Kennedy and Kevin Halligen, would all have to come before the judge and give their evidence on oath.

In wholly exceptional circumstances an officer who has resigned could have his pension withdrawn. I believe such cases have to be determined by the relevant Police Authority.

So far as sacked police officers are concerned, I believe it depends on what they're sacked for. I believe that in most cases they ARE allowed to keep their pensions. Again only in exceptional cases are they not allowed to keep their pensions (I am open to correction on this and of course we have PeterMac here).

Of course, in many misconduct/corruption cases, the offending copper will be asked if he wishes to tender his resignation - similar to what has happened today to the arrogant John Yates. That way, police bungling, failure to supervise and ongoing police corruption is neatly swept under the carpet so that neither the public nor the Police Authority know about it.

As has happened in the Lee Balkwell case.

by **PeterMac** 18.07.11 16:09

http://www.mpa.gov.uk/committees/x-pp/2002/021118/04/
3. Under the Police Pension Regulations 1987, police authorities are responsible for considering cases concerning the forfeiture of pension entitlement. The Regulations provide for forfeiture of pensions in two circumstances:
-- rare cases where a specified offence has been committed, namely: "(a) an offence of treason, (b) one or more offences under the Official Secrets Acts 1911 to 1939 for which the grantee [of the pension] has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years", and
-- cases where an offence has been committed in connection with the person's service as a member of the police force which is certified by the Secretary of State to be particularly serious (Home Office circular 56/98 refers – copy attached).

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