David Clark
An appeal, heard on 3 November 2023, was dismissed by the Police Appeal Tribunal. The PAT decision is available to download below.
A misconduct hearing concluded on the 9 May 2023 in relation to allegations that Mr David Clark, a former Chief Superintendent at the City of London Police, breached the following standards of professional behaviour.
- Honesty and Integrity
- Orders and Instructions
- Confidentiality
- Discreditable Conduct
There were five allegations made against Mr Clark (as set out below) and the misconduct panel made findings that all allegations amounted to gross misconduct.
The misconduct panel provided an outcome of dismissal had Mr Clark still been a serving officer. Mr Clark resigned from the force in 2019.
The outcome of the hearing will mean Mr Clark is added to the police barred list, which will prevent him from re-entering the police service or joining other policing bodies.
Allegation 1
On or around the 11-12 January 2018, it is alleged that Mr David Clark forwarded emails from a City of London Police email account to his personal email account without permission. This contravened Force policy and / or good information security practice.
It is alleged that by acting this way Mr David Clark breached the following Standards of Professional Behaviour:
- Honesty and Integrity
- Orders and Instructions
- Confidentiality
- Discreditable Conduct
Allegation 2
It is alleged that Mr David Clark forwarded some or all of the documents to a third party, to which he did not have permission to do so, whilst knowing that this was improper, and was a breach of Force policy and/or good information security practice. The alleged breaches occurred on or around 11-12 January 2018.
It is alleged that by acting this way Mr David Clark breached the following Standards of Professional Behaviour:
- Honesty and Integrity
- Orders and Instructions
- Confidentiality
- Discreditable Conduct
Allegation 3
It is alleged that Mr David Clark obstructed the IOPC investigation by denying in interview on 5/6 March 2019 that he had forwarded any of the documents to a third party.
It is alleged that by acting this way Mr David Clark breached the following Standards of Professional Behaviour:
- Honesty and Integrity
- Discreditable Conduct
Allegation 4
It is alleged that Mr David Clark obstructed the IOPC investigation by disposing of his mobile telephone handset on 12 July 2018, knowing that:
- a) it had been in use at times relevant to the IOPC investigation, and in particular in January 2018;
- it contained evidence which was relevant to the IOPC investigation; and
- it had been sought for the purposes of the investigation by the execution of a search warrant.
It is alleged that by acting this way Mr David Clark breached the following Standards of Professional Behaviour:
- Honesty and Integrity
- Discreditable Conduct
Allegation 5
It is alleged that Mr David Clark obstructed the IOPC investigation by attending the IOPC offices on 14 August 2020 and providing the mobile telephone handset which had recently been obtained on 12 July 2018, knowing that its contents would be downloaded and used as part of the IOPC investigation, but without disclosing that he had changed handsets on 12 July 2018.
It is alleged that by acting this way Mr David Clark breached the following Standards of Professional Behaviour:
- Honesty and Integrity
- Discreditable Conduct