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Misconduct vs gross misconduct
Misconduct versus Gross misconduct
The Police (Conduct) Regulations 2020 establish two levels of misconduct for police officers. The distinction determines the type of hearing, the panel composition, and the range of outcomes available.
Side by side
| Misconduct | Gross misconduct | |
|---|---|---|
| Definition | A breach of the Standards of Professional Behaviour that is serious enough to warrant disciplinary action | A breach of the Standards of Professional Behaviour so serious that dismissal would be justified |
| Hearing type | Misconduct meeting: a more informal process, usually chaired by a senior officer | Misconduct hearing: a formal adversarial hearing chaired by an independent legally qualified person |
| Outcomes available | Written warning, final written warning, or no further action (dismissal is not available) | Dismissal without notice, final written warning, or (in exceptional circumstances) reduction in rank |
| Right to legal representation | The officer may be represented by a police friend (a colleague or federation representative) or a solicitor | The officer has the right to be legally represented by a solicitor or barrister |
| IOPC involvement | IOPC may review the outcome of a local investigation but cannot compel a misconduct meeting to be held | IOPC may refer a matter directly to a misconduct hearing and may appeal outcomes it considers unduly lenient |
| Barred list | A misconduct finding does not result in the officer being placed on the barred list | Dismissal for gross misconduct results in the officer being placed on the College of Policing barred list |
| Public hearing | Misconduct meetings are not open to the public | Misconduct hearings must be held in public unless there are exceptional circumstances |
Which applies
The decision on whether to pursue misconduct or gross misconduct is made following an assessment of the seriousness of the conduct against the Standards of Professional Behaviour. The same conduct may be considered in parallel by the criminal justice system. A criminal acquittal does not prevent misconduct proceedings continuing, and a misconduct finding on the civil balance of probabilities standard is separate from the criminal standard of proof.
Last updated 24 September 2026