The procedures described in this guidance are designed to accord with the principles of natural justice and the basic principles of fairness, and should be administered accordingly. The guidance is issued by the Secretary of State in accordance with the provisions of sections 83 and 87 of the Police Act 1996. As such, those who are responsible for administering the procedures described in this guidance are reminded that they are required to take its provisions fully into account when discharging their functions. Whilst it is not necessary to follow its terms exactly in all cases, the guidance should not be departed from without good reason. This guidance is not a definitive interpretation of the relevant legislation.
Interpretation is ultimately a matter for the courts.
The procedures are intended as means to this end, not as ends in themselves. If, at a Chief Officer s review or on appeal to a Police Appeals Tribunal, an appellant raises the issue of an apparent failure to follow any of the provisions of this guidance, the respondent can be required to explain and justify this. The weight and significance to be attached to any departure from the guidance will vary from case to case. The procedures set out in this guidance apply to all police officers, most sections relating to those of or below the rank of superintendent, whilst guidance on the procedures for senior officers is in section 6. The provision for a chief officer to dispense with the services of a constable during his or her probationary period should not be used as an alternative means of dismissing a probationer who should properly face misconduct proceedings.