Police Misconduct Hearings: Process and Outcomes

Police misconduct hearings are governed by the Police (Conduct) Regulations 2020 and the associated Home Office guidance. There are two levels of formal proceedings: misconduct meetings (for allegations that, if proved, would amount to misconduct) and misconduct hearings (for allegations of gross misconduct, which could justify dismissal).

A misconduct hearing is chaired by a legally qualified person, typically a barrister or solicitor of at least five years' standing, who sits with two panel members: a senior police officer and an independent member. The hearing is held in public unless the chair determines that a private hearing is necessary in the interests of justice or to protect the welfare of a witness. This change to public hearings was introduced in 2015 following concerns about transparency.

The standard of proof at a misconduct hearing is the balance of probabilities: the panel must be satisfied that it is more likely than not that the alleged conduct occurred and that it amounts to misconduct or gross misconduct. The officer is entitled to legal representation and may call witnesses. The appropriate authority presents the case, and the officer has the right to respond.

If the panel finds that the conduct amounts to gross misconduct, the available sanctions are: dismissal without notice, a final written warning, or a reduction in rank. For misconduct (not gross misconduct), the sanctions are: a written warning, a final written warning, or management advice. An officer who is dismissed has the right to appeal to a Police Appeals Tribunal. The Standards of Professional Behaviour, set out in Schedule 2 to the Police (Conduct) Regulations 2020, provide the framework against which conduct is assessed. These cover honesty, integrity, authority and respect, use of force, fitness for duty, discreditable conduct, challenging and reporting improper conduct, and confidentiality.