Kristina O’Connor Wins Court of Appeal Case on Police Misconduct Panel Sanctions
Law for Change is proud to have supported Kristina O’Connor in her landmark Court of Appeal case, which raises fundamental questions about police accountability and the penalties imposed on officers who abuse their position.
Kristina O’Connor’s case challenged the decision of a police misconduct panel to issue only a final written warning to James Mason, a senior officer found guilty of gross misconduct after making inappropriate sexual advances toward Ms O’Connor when she reported an assault.
The Court of Appeal has now ruled that the panel failed to provide an adequate analysis of the seriousness of Mason’s misconduct, his culpability, and the harm caused to Ms O’Connor. The court found it difficult to understand why the panel considered a final written warning more appropriate than dismissal or demotion, given Mason’s deliberate and targeted abuse of power against a vulnerable victim. As a result of the ruling, a new misconduct hearing will be held to determine an appropriate sanction.
Stephen Kinsella, Founder of Law for Change, said:
"This is the second high-profile case against the police that Law for Change has backed, and we are incredibly proud to have supported it. Kristina’s case highlights the urgent need for police misconduct panels to impose meaningful sanctions when officers abuse their power, especially in cases involving sexual misconduct.
"Holding the police accountable is crucial to rebuilding public trust in the police, and we hope this judgment sets a precedent for stronger disciplinary action in similar cases."
Ms O’Connor said:
"I welcome this decision from the Court of Appeal. This process has taught me that police will go to greater lengths to protect themselves than they will to protect victims and vulnerable women. I fundamentally do not believe that police can be trusted with the safety of women, and I think we need a new police service that actually protects women."
Nancy Collins of Bindmans, who represented Ms O’Connor, said:
"It has been an honour to represent Kristina. She has shown enormous courage in exposing the endemic culture of misogyny within the Metropolitan Police. The Court of Appeal’s decision recognises the severity of the harm caused to women who are victims of sexual misconduct by police officers and the detrimental impact on public trust in the police."
Ms O’Connor was represented by Nancy Collins, partner, and Rebecca Argall, paralegal, of Bindmans, and by Maya Sikand KC and Rosa Polaschek of Doughty Street Chambers. Caoilfhionn Gallagher KC, Fiona Murphy KC, and Harriet Johnson of Doughty Street Chambers represented Ms O’Connor in the Administrative Court, and Fiona Murphy KC assisted with the application for permission to appeal.
Law for Change remains committed to funding strategic litigation that challenges abuses of power and strengthens access to justice for victims of institutional wrongdoing.