Former PC Kane Haywood 18015
Devon and Cornwall Police Professional Standards Department
Regulation 63 of the Police (Conduct) Regulations 2020
Name: Kane Haywood
Number: 18015
Rank: Former Police Constable
Chair of proceedings: Acting Chief Constable James Colwell
Location: Devon & Cornwall Middlemoor, Exeter
Findings
In the Chairing of this Accelerated Misconduct Hearing I have been assisted by the provision of a full bundle, which lays out the case being made by the Appropriate Authority, and by the verbal submissions provided to me during the course of the Hearing. That case centres around the fact that on Tuesday 16th January 2024, PC Haywood, a serving police officer at the time, was convicted of assault of a female, aged 13 and over, by penetration with part of a body or thing at Bristol Crown Court. PC Haywood was subsequently sentenced to 12 months imprisonment, suspended for 18 months. PC Haywood has since resigned from the police service, and therefore for the purposes of these proceedings, will be treated as a former officer.
This conviction is a very serious matter. Violence against women and girls is quite rightly highlighted as a serious societal issue and a sexual assault on a female of this nature is entirely inconsistent with the expectation clearly held by the public in terms of how an officer should conduct themselves, on or off duty. Former PC Haywood's conduct here does nothing to engender public trust and confidence in the office of constable, in fact, it serves to significantly undermine such trust and confidence at a time when both locally and nationally the credibility of the British policing model is being severely tested. The public should quite rightly expect police officers to conduct themselves in a manner consistent with the Standards of Professional Behaviour and in this case, Former PC Haywood has departed severely from such Standards, most notably in respect of Discreditable Conduct. Former Constable Haywood has been convicted by a jury of his peers in relation to that conduct and his conviction brings further discredit to the Force, thereby significantly undermining public trust and confidence in the Force locally, and policing as a whole.
I am very clear in my determination that such conduct amounts to Gross Misconduct as it is conduct of such a poor standard that it warrants consideration of dismissal.
- Breaches of the Standard in respect of Discreditable Conduct - proven, amounting to gross misconduct
Having made a finding of Gross Misconduct I must now consider the most appropriate Outcome. I am assisted in that by the Guidance on Outcomes in Police Misconduct Proceedings, published by the College of Policing in 2023.
That guidance makes it clear that I should apply three stages to my decision-making process in relation to Outcome, or Sanction. Firstly, I must assess the seriousness of the misconduct. Secondly I should consider the purpose of imposing such sanctions and then finally I should choose the sanction that most appropriately fulfils that purpose for the seriousness of the conduct in question.
Assessing the Seriousness of the Misconduct:
Firstly, the issue of the extent of the Officer's culpability in these matters. Former Constable Haywood has broken the law and in a manner that is very concerning. The conviction for a serious sexual assault by a serving officer will serve to significantly undermine public trust and confidence in policing. Such a conviction does, inevitably, bring the policing profession into disrepute. Such conduct is entirely unacceptable. Any officer found to have perpetrated violence against a woman or a girl, on or off duty, should be viewed as carrying the highest level of culpability.
The extent of harm caused here must be considered. Police perpetrated violence against women and girls is subject of significant levels of public scrutiny and concern currently. Set within such a context, the public would find it totally incongruent with the office of constable for an officer to conduct themselves in the manner that Former Constable Haywood has here. The public would rightly question policing's ability to keep them safe in such circumstances where an officer chooses to break the law themselves. As such, the harm caused by Former Constable Haywood's conviction to public trust and confidence in Devon and Cornwall Police is likely to be extremely significant.
I find that there are aggravating factors in the case. Those factors being evidence of:
- Premeditation, planning, targeting or taking deliberate or predatory steps
- Malign intent, such as sexual gratification
- A form of violence against women and girls, whether on or off duty
- The scale or depth of local or national concern about a particular issue
I can find no mitigating factors in this case.
Having considered the above factors, I find the conduct of Former Constable Haywood to be of the most serious in nature.
The purpose of imposing such sanctions
Having come to a finding of Gross Misconduct I have considered the sanctions that are available to me which, given that the officer has already resigned, amount simply to dismissal without notice. As the guidance clearly states, the most important purpose of imposing disciplinary sanctions is to maintain public confidence in, and the reputation of, the policing profession as a whole. My clear view is that, for the public to have confidence in policing locally, they would expect the organisation to treat such conduct as has been proven here with the utmost seriousness and robustness.
Dismissal without notice would best serve the needs of the public in terms of their ability to have confidence in their police officers. This option also serves to best protect the reputation of the policing profession as a whole as it clearly demonstrates that such behaviour is totally unacceptable to the service.
In closing, I am clear on my responsibility as Chair of these proceedings. It is my duty to act in accordance with the relevant guidance and do everything I can to maintain public confidence in, and the reputation of, the policing profession as a whole. I conclude that in former Constable Haywood's case, dismissal without notice is the most appropriate sanction as it most closely aligns with that duty and purpose. As such, had he still been a serving officer before me today, that is the outcome he would have received.
Outcome
Dismissal without notice and for Former Constable Haywood's name to be added to the barred list.
Standard Breached
Alleged:
- Discreditable Conduct
Outcome
- Dismissal without notice, and to be added to the barred list.
Signature – Special Case Hearing Chair
J.Colwell
Date: 14.02.24
Appeal
You have the right of appeal to the Police Appeals Tribunal.
Circumstances in which a police officer may appeal to a tribunal - The Police Appeals Tribunals Rules 2020.
4.(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph
(4) You have the right of appeal to the Police Appeals Tribunal.
Circumstances in which a police officer may appeal to a tribunal - The Police Appeals Tribunals Rules 2020.
4.(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph
(b) a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing, or
(c) an officer against whom a finding of gross misconduct has been made at an accelerated misconduct hearing.
(3) A police officer may not appeal to a tribunal against a finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the officer that the officer's conduct amounted to misconduct or gross misconduct (as the case may be).
(4) The grounds of appeal under this rule are -
(a) that the finding or decision to impose disciplinary action was unreasonable;
(b) that there is evidence that could not reasonably have been considered at
the original hearing which could have materially affected the finding or decision on disciplinary action, or
(c) that there was a breach of the procedures set out in the Conduct Regulations, the Complaints and Misconduct Regulations or Part 2 of the 2002 Act or unfairness which could have materially affected the finding or decision on disciplinary action.
Notice of appeal
9 (1) Subject to rule 10, a police officer or a former police officer who wishes to appeal to a tribunal must give notice of the appeal before the end of 10 working days beginning with the first working day after the day on which the officer is first supplied with a written copy of the relevant decision.
(2) The notice of appeal must be given in writing to the relevant local policing body.
(3) The officer or former officer may request a transcript of the proceedings (or part of the proceedings) at the original hearing in the officer's or former officer's notice of appeal.
Postal address
Office of the Police & Crime Commissioner
Andy Hocking House
Alderson Drive
Exeter
EX27RP
Phone: (01392) 225555
Fax: (01392) 225567
Email: [email protected]
You may request a transcript of the proceedings (or part of the proceedings) at your original hearing in your notice of appeal.
Legislation governing appeals following misconduct hearings is the Police Appeals Tribunals Rules