Misconduct Hearing Outcome Former PC James Burke

On Monday 9th May 2022 former PC James Burke was subject to a Misconduct Hearing at the PSD offices 10 Toft Green, York regarding allegations relating to a breach of the Professional Standards as in Equality & Diversity, Honesty & Integrity, Authority, Respect & Courtesy, Duties & Responsibilities, and Use of Force.

Former PC Burke had resigned prior to the hearing and did not attend.

The allegations were:

• In December 2020 the officer knowingly made false, misleading, or inaccurate statements during a reflective practice meeting
• After joining British Transport Police in April 2020 the officer knowingly made false, misleading, or inaccurate statements regarding his level of driver training achieved with another force
• In April 2021 the officer failed to treat a vulnerable male experiencing a mental health crisis with respect and courtesy and engaged in unwanted conduct towards the male 
• In February 2021 the officer used PAVA incapacitant spray against a vulnerable female at close range when this was neither necessary, proportionate, or reasonable and failed to provide the necessary aftercare
• In March 2021 the officer used PAVA incapacitant spray against a vulnerable male at close range when this was neither necessary, proportionate, or reasonable and failed to provide the necessary aftercare

The Panel found the allegations of Honesty and Integrity, Authority, Respect and Courtesy, and Duties and Responsibilities were proven and the acts cumulatively amounted to Gross Misconduct.

The Panel found the allegation of unnecessary Use of Force on the vulnerable female was not proven, however the fact the officer did not provide sufficient aftercare would have been Misconduct if dealt with in isolation. 

The Panel found the allegation of breaching the standard of Equality and Diversity was not proven.

The Panel concluded that, had the officer still been a serving officer, he would have been dismissed without notice.