A Cambridgeshire police officer – dismissed without notice following a disciplinary hearing – was cleared of some of allegations of misconduct including bizarrely putting on body worn video to attend a meeting with his supervisor.
PC James Roper, who was based at Thorpe Wood Police Station, Peterborough, was sacked for gross misconduct but the disciplinary panel concluded that “in all the circumstances”, the adornment of the body work video neither amounted to misconduct or gross misconduct.
On 28 March 2023 PC Roper wore his body worn video (BMV) whilst attending a meeting with his supervisor “with the stated intention of recording any interaction with his supervisors whom he did not trust (which he maintains was because he was not trusting of anyone both inside and outside of the service)”.
The panel heard evidence that he did so “as a ‘safety blanket”’ because of his general distrust of his colleagues and furthermore the BWV was neither concealed, nor used to record anything during the meeting”.
The panel concluded that “accordingly, the allegation is not proven”.
PC Roper was less successful in winning over the panel after it heard details of his appearance on a radio show.
In December 2022 PC Roper took part in a discussion on LBC Radio “and made comments about a news item relating to the rescue of immigrants from the sea”.
The panel heard that the conversation with a third party live on air was as follows:
X: blood on the hands of government again. Horrible how we treat these desperate people.
PC Roper: abso-fu**ing-lutely not my friend. They’re not our problem until they make it here so let’s not help them. They all believe in ‘inshallah’ so if it is truly his will they will get here then they will get here. If it isn’t then their Deity clearly had other plans for them
X: James Roper how do you know that?
PC Roper: who Muslims? – X – because I have to deal with them when they jump off the trucks at Peterborough Services!
PC Roper: X – don’t confuse national ID with religious beliefs
PC Roper: the vast majority of them all follow one particular brand of it bud.
“Further, PC Roper included a laughing face emoji to the end of his message exchange,” the panel heard.
It decided that PC Roper knew it was self-evidently a public forum, and concluded that, he would have known this was public and that his postings “were discriminatory and offensive and would have been viewed by members of the public.
“Furthermore, PC Roper’s postings contravened the Bedfordshire, Cambridgeshire, and Hertfordshire police social media policy.
“Moreover, given the number of messages exchanged with X (and the insertion of a laughing emoji) the panel concluded that PC Roper’s conduct was deliberate and intentional.
“In all the circumstances, the panel concluded that the proven conduct amounts to gross misconduct; accordingly, the allegation is proven”.
The panel added: “No evidence of mitigation was provided, however, the panel noted that PC Roper has during the hearing shown some degree of remorse for the proven conduct (LBC posting). The panel noted that PC Roper failed to demonstrate any insight.
“The panel also had regard to PC Roper’s record of service and character references and noted that the proven conduct (LBC posting) was said to be out of character.”
In respect of the LBC broadcast, PC Roper told the panel that he accepted that he had breached the standards of professional behaviour but did not accept that his conduct amounted to gross misconduct.
The panel considered that PC Roper’s evidence that he is unable to recall his rationale for the content of his posting in relation to the LBC allegation “was not credible. This is surprising given that he could recall other matters, for example venues that meetings took place in. This appeared self-serving”.
PC Roper was found to have breached the standards of professional behaviour in respect of discreditable conduct, authority, respect and courtesy, equality, diversity, duties, and responsibilities, amounting to gross misconduct.
The two day hearing, which was held last week at Lysander House in Sandy, concluded that PC Roper be dismissed without notice.
PC James Roper, who was based at Thorpe Wood Police Station, Peterborough, has been sacked for gross misconduct. However, some of the allegations heard during a 2 day hearing were found not proven.
Deputy Chief Constable Jane Gyford said: “The language used by the officer was not only offensive but discriminatory and falls below what our communities expect from a police officer
“The conduct that this officer has displayed falls below policing’s professional standards, and it is important to show this finding to support the need to maintain public trust and confidence in the constabulary.”
The hearing also heard of another incident on 17 April 2021 when PC Roper “made a gratuitously offensive comment about a restaurant in Peterborough by opining that it was: ‘CSE Central’.
“The panel noted that the allegation did not arise from a public complaint and further that, PC Roper accepts he made the relevant comment directly to his colleague and quietly under his breath, following a report of a large gathering of youths.
“Furthermore, the location was the subject of a briefing and tasking, and that officers were required to keep close attention to the location for any signs of child sexual exploitation.
“Accordingly, the panel determined that PC Roper reasonably believed that the location presented a risk of CSE, and it is this belief that led to him making the comment.
“In all the circumstances, the panel concluded that the proven conduct neither amounted to misconduct or gross misconduct; accordingly, the allegation is not proven.”
PC Roper also faced an allegation arising from an incident on 24 April 2021.
The report says: “PC Roper admits that on 24 April 2021 he was engaged in a vehicle stop on a motorist for driving without due care and attention and without an MOT and that he failed to submit a traffic offence report within the six-month time limit for commencing proceedings, therefore no further action could be taken.
“However, in this regard the panel noted that upon PC Roper’s return to the police station he was removed from duty in response to a criminal complaint and was told that he was to be stood down with immediate effect and that after he had deposited his police equipment, he would be escorted offsite.
“The panel accepts that PC Roper’s removal from duty following his return to the station, and exclusion from any evidential chain would have been significantly distracting, at the relevant time and he did not have an opportunity to take any steps in relation to the driving incident.
“In all the circumstances the panel concluded that, PC Roper’s failure to prepare this summons file was a result of his removal from the workplace and thereafter any evidential chain. And then this meant that he did not have an opportunity to remedy the situation.
PC James Roper, who was based at Thorpe Wood Police Station, Peterborough, has been sacked for gross misconduct. However, some of the allegations heard during a 2 day hearing were found not proven.
“Accordingly, having regard to the prevailing circumstances, the panel concluded that the failure to submit the report neither amounted to misconduct or gross misconduct.
“Accordingly, the allegation is not proven.”
PC Roper was also cleared of a further allegation that arose after an incident on 23 January 2023 and whilst attending ‘PURE GYM’ at Lincoln Carlton Centre.
The report says: “PC Roper made a Facebook entry to the effect: “I’m looking around the place and spotted 4 wannabe hard men, 3 lasses at risk of CSE, the group of feral lads who have pack mentality…I’ve been in secure kids units with less concerning minors than I’m looking at now”
“The panel noted that PC Roper admits that he did make the Facebook entry, as alleged.
“However, the panel considered that the comment was made by way of an observation and intended to make his concerns known to staff at the gym and with the intention to advancing a degree of self-aggrandisement, notwithstanding the absence of any evidence tending to support his intuition.
“The panel considered that the comment was inappropriate”
The panel concluded that “in all the circumstances the proven conduct neither amounted to misconduct or gross misconduct. Accordingly, the allegation is not proven.”
However, PC Roper was less successful in defending another allegation, this time arising from a conversation with Inspector Mike Jackman on 23 March 2023 when he allegedly “used language which denigrated persons with learning difficulties when he used the term ‘Tard’ – as an abbreviation of the word ‘Retard’
“The panel concluded that the term “tard” was used by PC Roper during an electronic conversation, on a police system (MS Teams) with Inspector Jackman, as shorthand for the military term “fuck tard” to indicate a degree of incompetence.
“Whilst the panel noted that the term used was not in reference to any other individual and was self-deprecating, it is nevertheless offensive and discriminatory.
“This is further evidenced by Inspector Jackman and the panel did not accept PC Roper’s explanation of his use of military language.
“In all the circumstances, the panel concluded that the proven conduct amounts to misconduct and engaged the standards of professional behaviour of authority, respect and curtesy, and equality and diversity.
“Accordingly, the allegation is proven.”
Part of a legal footnote provided by Cambridgeshire Constabulary
- In determining an appropriate outcome at a misconduct hearing, the person or persons conducting the hearing must consider and have due regard to “Guidance on outcomes in police misconduct proceedings” issued by the College of Policing pursuant to section 87 of the Police Act 1996.
- The College of Policing Guidance on Outcomes (2023) provides that when determining the appropriate outcome, the panel should consider the purpose of the misconduct proceedings which is threefold namely:
- To maintain public confidence in, and the reputation of, the police service.
- To uphold high standards in policing and deter misconduct.
- To protect the public.
- Further, the College of Policing Guidance provides that Misconduct proceedings are not designed to punish police officers. The central concern is the reputation or standing of the police service.
- Generally, in determining outcome, the panel is required to consider less severe outcomes before more severe outcomes.
Under the heading ‘culpability’ it says:
Culpability denotes the officer’s blameworthiness or responsibility for their actions. The more culpable or blameworthy the behaviour in question, the more serious the misconduct and the more severe the likely outcome.
Conduct that is intentional, deliberate, targeted, or planned will generally be more culpable than conduct that has unintended consequences.
The panel concluded that PC Roper’s proven conduct was intentional, deliberate and, he was entirely culpable for his conduct.
Accordingly, PC Roper ’s level of Culpability is High.
PC James Roper, who was based at Thorpe Wood Police Station, Peterborough, has been sacked for gross misconduct. However, some of the allegations heard during a 2 day hearing were found not proven.
