The Police Misconduct Process

The police misconduct system in England and Wales was substantially reformed by the Police (Conduct) Regulations 2020, which came into force on 1 February 2020. The system distinguishes between unsatisfactory performance (dealt with under the Performance Regulations) and misconduct (dealt with under the Conduct Regulations). Misconduct is a breach of the Standards of Professional Behaviour, which are set out in Schedule 2 to the 2020 Regulations and cover areas including honesty and integrity, authority, respect and courtesy, equality and diversity, use of force, orders and instructions, duties and responsibilities, confidentiality, fitness for work, and discreditable conduct.

There are two levels of misconduct: misconduct and gross misconduct. Misconduct is a breach that falls below the standard expected of a police officer. Gross misconduct is a breach that is so serious it is likely to justify dismissal. The appropriate starting point in terms of outcome for gross misconduct is dismissal. An officer facing a misconduct allegation is entitled to notice of the allegation, the right to legal representation at hearings, and the right to present evidence and witnesses.

Misconduct proceedings take one of two forms depending on severity. A misconduct meeting (for misconduct, not gross misconduct) is conducted by a single person, usually a superintendent, and may result in a written warning or a final written warning. A misconduct hearing (for gross misconduct, or where a final written warning or dismissal might result) is conducted by a panel consisting of a legally qualified person (the legally qualified chair), a senior police officer, and a lay person. The IOPC may attend and make submissions. The panel may impose a range of outcomes from a written warning to dismissal without notice.

Officers who are dismissed following gross misconduct are entered on the Barred List, which prevents them from working in any police force. A findings list (formerly the Disapproved List) records those who resign or retire before proceedings are concluded. The 2020 Regulations were intended to make the system more transparent, with misconduct hearings held in public unless the panel directs otherwise. The Home Office Review of the Police Conduct Regulations 2020, published in 2023, identified further areas for reform.