Two Police Appeal Tribunals allow appeals because of an improper approach to no comment interviews.
Police Gross Misconduct hearings have been taking an increasingly aggressive approach to no comment interviews. Mark Aldred challenged this approach in two different appeals that were both heard last week. Both appeals were successful and both Police Appeal Tribunals ruled that the Panels' drawing of an adverse inference was improper. When one considers that the success rate of appeals in the Police Appeals Tribunal is very low, two successful appeals in one week is a salutary reminder that silence in interview is not improper and should only count against an officer in specific narrowly defined circumstances.
Mark Aldred