Resigning During
An Investigation
You can resign while under investigation. What you cannot do is make a gross misconduct case go away by leaving. This is the practical side: what carries on, what the advisory and barred lists mean for your next job, what happens to your pay and pension and what to do before you hand in notice.
Independent information, not advice · Sources checked 21 October 2026 · England and Wales unless stated
Yes, without anyone's consent, on the normal notice. But if the allegation is gross misconduct, the Police (Conduct) Regulations 2020 let the case continue after you leave and if a panel finds you would have been dismissed you go on the published barred list. Resigning while a gross misconduct allegation is outstanding also means a report to the College of Policing's advisory list. A misconduct-only case cannot be continued against a former officer. Your pension is not forfeited without a criminal conviction.
Before you decide: five things to find out
Conduct cases are more common than they were. Home Office figures show 461 officers dismissed in England and Wales in 2025/26 (headcount), nearly three times the 2020/21 number. If you are thinking of resigning with a case open, the decision is often made quickly and under pressure. These are the questions to answer first.
This page is general information. Before giving notice with a conduct matter open, speak to your Police Federation or staff association representative and, if you can, a solicitor. Your branch can tell you what legal cover applies and whether it continues after you leave.
- Is the allegation assessed as gross misconduct or misconduct? The severity assessment decides almost everything below. Only gross misconduct can be taken forward against a former officer.
- Where is the case? Investigation, a regulation 17 notice served, referred to a hearing, or an accelerated hearing? Leaving at each stage has different practical effects.
- Is there a criminal investigation too? That is a separate process. Only a criminal conviction can affect your pension.
- What would your pension be? Close to 2 years, 25 or 30 years or 55, the date you leave changes when you are paid. Check your figures with the free calculator.
- What job do you want next? Law enforcement employers must check the lists. Most civilian employers will not see the advisory list, but you must not mislead them.
Can you resign? Yes, since December 2017
From January 2015 to December 2017, an officer under investigation needed consent to resign or retire. That was removed on 15 December 2017. Home Office Circular 012/2017 says officers who had been prevented from leaving could resign or retire, with proceedings carried through to the end and the 2020 statutory guidance confirms that officers facing any misconduct or gross misconduct allegation "may give notice of intent to resign or retire" (para 5.35).
Suspended officers can resign too. The Home Office amended the retirement determination (Annex D) on 15 December 2017 so that the bar on a suspended officer retiring without consent applies only to cases under the Police (Conduct) Regulations 2004 or 2008. You still give the normal notice: one month for most ranks. See the resignation letter builder.
What carries on after you leave
Regulation 4 of the Police (Conduct) Regulations 2020 applies the Regulations to former officers in three situations, all of them about gross misconduct:
| Situation | Can proceedings be brought after you leave? | Rule |
|---|---|---|
| Gross misconduct allegation came to the force, PCC or IOPC before you left | Yes (Condition A) | Police (Conduct) Regulations 2020 reg 4 |
| Gross misconduct allegation came to notice within 12 months after you left | Yes (Condition B) | Reg 4 |
| Gross misconduct allegation came to notice more than 12 months after you left | Only if the IOPC makes a special determination that it is reasonable and proportionate (Condition C) | Regs 4, 4A and 4B; IOPC special determination policy |
| Allegation is misconduct only, not gross misconduct | No: the Regulations reach former officers only for gross misconduct | Reg 4(2); Home Office guidance para 20.8 |
| You left before 15 December 2017 | No | Reg 4(8) |
For Condition C, the IOPC's special determination policy (revised September 2025) calls the test "a high threshold", for "the most serious and exceptional cases". A case to answer is not enough on its own. It weighs factors such as criminality, harm, vulnerability, abuse of position and the impact on public confidence and also the former officer's age and how likely they are to seek police work again.
If you resign after a regulation 17 notice has been served, you become a Condition A former officer and the force may serve a new or supplementary notice (guidance paras 20.36 and 20.37). The guidance says it is in the public interest for cases that could lead to dismissal to be taken to a conclusion (para 5.39).
What a panel can decide about a former officer
- Gross misconduct found: the only outcome is a finding that you would have been dismissed if you were still serving. That puts you on the barred list.
- Misconduct (not gross) found: the panel records the finding and takes no further action.
- Neither: the case ends. If you were on the advisory list, you come off it.
- Final written warnings and reduction in rank are not available for former officers (Schedule 1, paras 31 and 32).
For the hearing process itself, including representation and the panel, see can I resign before a misconduct hearing?
Taking part after you have left
- Keep your address up to date. Notices go to you as a former officer. If you cannot be traced after reasonable enquiries, proceedings must stop (Schedule 1 para 8), but that is not a strategy: the force will look.
- Interviews. Your regulation 17 notice warns that not attending an interview "may harm" your case and a panel can draw an adverse inference. The investigator can send a written notice of enquiry instead, in which case no adverse inference is drawn (guidance para 20.41).
- The hearing. The Regulations say you must attend, but the hearing can go ahead and conclude without you (reg 37). We found no penalty for a former officer who does not attend, but an absent officer cannot put their side.
- Ill health. Proceedings must stop if you are unfit through ill health or disability (Schedule 1 para 8). Keep medical evidence.
- Suspension and misconduct meetings do not apply to former officers.
- Accelerated hearings. Where there is enough evidence to prove gross misconduct and it is in the public interest that you are put on the barred list without delay, Condition A and B cases can go to an accelerated hearing 10 to 15 working days after notice (Part 5; guidance paras 20.68 to 20.72). Condition C cases cannot.
The advisory list
Under section 88I of the Police Act 1996, your force must report you to the College of Policing if you resign or retire after an allegation that could have led to dismissal came to its attention, before proceedings are brought or concluded. It does not have to if it had already decided, before you left, that no proceedings would be brought. The guidance says only gross misconduct allegations are reported (para 22.8), within 5 working days (para 22.3).
| Advisory list | Barred list | |
|---|---|---|
| Who goes on it | Officers, specials and staff who resign or retire after a gross misconduct allegation came to notice, before proceedings ended; and leavers when an allegation surfaces later | People dismissed and former officers found at proceedings that they would have been dismissed |
| Who keeps it | College of Policing (Police Act 1996 s.88J) | College of Policing (s.88B) |
| Published? | No. The College may disclose an entry where it is in the public interest (s.88M) | Yes, for conduct cases, normally by the end of the month after listing, for up to 5 years (s.88G; 2017 Regs reg 10) |
| Effect on jobs | Law enforcement employers must check it before employing or appointing (Crime and Policing Act 2026 s.209). Not an absolute bar | Law enforcement employers must not employ, appoint or second you (Crime and Policing Act 2026 ss.205, 206) |
| Coming off it | Removed when no proceedings are brought, they are withdrawn or they end without a dismissal finding (s.88L) | Application to remove after 5 years, or 3 years for gross incompetence (2017 Regs reg 7) |
Since 21 September 2026, the Crime and Policing Act 2026 has required law enforcement employers to check each advisory list before employing or appointing anyone (s.209). The guidance describes the advisory list as not an absolute bar on employment (para 22.2).
The barred list
You go on the barred list if you are dismissed, or if proceedings find you would have been dismissed (Police Act 1996 s.88A). Since 21 September 2026 the Crime and Policing Act 2026 has said a law enforcement employer must not employ, appoint or second a barred person (s.205). Law enforcement employers include chief officers, the National Crime Agency, British Transport Police, the Civil Nuclear Police Authority, police and crime commissioners, HM Inspectorate, the IOPC, the Ministry of Defence Police and the College of Policing (s.206).
Conduct cases are published, normally by the end of the month after listing, for up to 5 years. You can apply to be removed after 5 years, or 3 years for gross incompetence. See the barred list explained.
What it means for your next job
- Police and law enforcement: barred list, no; advisory list, checked and the risk considered. The Vetting Code of Practice says vetting checks for barred persons, the risks for anyone on the advisory list "must be considered" (section 5.4) and rejoiners "must be fully re-vetted" (5.14). This covers police staff roles too.
- Jobs needing an enhanced DBS check: a chief officer must include information they reasonably believe is relevant and ought to be included (Police Act 1997 s.113B(4)), following the Statutory Disclosure Guidance, which includes giving you a chance to make representations. You can ask the Independent Monitor to review it.
- References: we found no statutory rule on what a force says in an employment reference. Ask HR what its reference policy is.
- Other civilian employers: the advisory list is not published. Barred list entries for conduct cases are. Never lie in an application: if it comes out later it can cost you the job. Our ex-police CV guide covers how to explain a difficult exit honestly and the CV translator helps put your experience in civilian terms.
Your pension
Resigning, a misconduct finding, a "would have been dismissed" finding and a place on either list do not forfeit a police pension. The forfeiture provisions (2015 reg 211, 2006 reg 55, 1987 reg K5) are triggered only by a criminal conviction: for an offence connected with service, the Home Secretary must also certify it as gravely injurious to the State or liable to lead to a serious loss of confidence. Forfeiture is discretionary and can be partial.
Otherwise your pension follows the normal leaving rules: a deferred pension with 2 years' service, paid at each scheme's age, or an immediate pension if you have reached that point. See what happens to my pension if I leave and pension if dismissed.
Free tool
See your pension in pounds before you decide
What you keep if you leave on a given date, when each part is paid and what a few more months would change. Free, runs in your browser, nothing stored. For dismissal and forfeiture scenarios side by side, the Pension Exit Report covers them.
Pay and notice until you go
- Suspension must be with pay (Conduct Regulations 2020 reg 11(3)) and the guidance says pay including allowances continues (para 5.30). Pay stops on your last day of service.
- You give the normal notice: one month for most ranks, under regulation 14 and Annex D.
- Leave, TOIL and final pay follow the usual rules. See final pay, leave and TOIL.
- Business interests: while you are still serving you must notify the force of business interests (Police Regulations 2003, as amended by the Police (Amendment) Regulations 2012). If you are lining up work during notice, tell the force.
Resign or stay: what changes
We do not tell anyone which to choose. This is what each route changes, on the rules alone.
| Consideration | If you resign | If you stay |
|---|---|---|
| Gross misconduct case | Continues to a conclusion; the only sanction is a 'would have been dismissed' finding | Continues; sanctions range from no action to dismissal |
| Misconduct-only case | Cannot be continued against you as a former officer | Continues; outcomes include management action and written warnings |
| Lists | Advisory list report (unless the force had already decided no proceedings); barred list only on a dismissal finding | Barred list only if dismissed |
| Pay | Stops on your last day | Continues, including during suspension |
| Pension | Deferred or immediate under the normal leaving rules; no forfeiture without a conviction | Keeps building; same forfeiture rules |
| Your say in the process | You can still take part and should: the panel can go ahead without you | Full participation |
| Next job | Must be handled honestly; advisory list checked by law enforcement employers | On hold until the case ends |
Practical steps, in order
- Speak to your Federation or staff association rep. Ask about legal cover now and after you leave.
- Get the severity assessment and any regulation 17 notice in writing and note the dates.
- Check your pension position: the free pension calculator and a leaver estimate from your administrator.
- If health is involved, see occupational health before you resign and keep medical evidence.
- Give written notice with a clear last day. Keep a copy.
- Give the force and your rep a personal address and email that will work for at least a year.
- Respond to every notice after you leave, on time. Attend interviews or answer a written notice of enquiry.
- Plan your next job honestly. Read the ex-police CV guide and check what the salary match calculator says you need to earn.
Myths and facts
What we could not verify
- Whether Federation legal cover continues after you leave: it depends on your branch scheme.
- Any penalty for a former officer who does not attend a hearing: none found.
- What forces say in employment references about leavers under investigation: no national rule found.
- The 2020 Home Office statutory guidance has not been reissued since the Regulations were amended; where they differ, the Regulations apply.
- The College of Policing's barred list web page could not be opened when we checked; we relied on the Act and the 2017 Regulations.
Want to talk your pension through with someone?
Our calculators show the numbers, but some decisions (when to go, how much lump sum to take, your McCloud choice, a tax charge) are worth talking through with a regulated adviser. Tell us where you are and Andrew, who runs PolicePay, will reply by email.
Frequently Asked Questions
Can I resign from the police while under investigation?
Yes. Since 15 December 2017 officers under investigation can give notice to resign or retire without consent (Home Office Circular 012/2017). But for gross misconduct the case carries on after you leave and your force must report you to the College of Policing's advisory list.
Does resigning stop a misconduct investigation?
Not for gross misconduct. The Police (Conduct) Regulations 2020 apply to former officers where a gross misconduct allegation came to notice before you left, or within 12 months after, or later with the IOPC's approval. A misconduct-only allegation cannot be taken forward against a former officer.
What happens at a gross misconduct hearing if I have already left?
The panel decides whether the conduct was misconduct, gross misconduct or neither. If it finds gross misconduct, the only outcome is a finding that you would have been dismissed had you still been serving, which puts you on the police barred list. If it finds misconduct only, it records the finding and takes no further action.
What is the police advisory list?
A list kept by the College of Policing of people who resigned or retired while a gross misconduct allegation was outstanding (Police Act 1996 s.88I). It is not published. Since 21 September 2026 law enforcement employers must check it before employing or appointing anyone. You come off it if no proceedings are brought or they end without a dismissal finding.
Will I be on the barred list if I resign?
Only if proceedings find you would have been dismissed. Resigning puts you on the advisory list, not the barred list. The barred list is published for conduct cases for up to 5 years and bars you from working for law enforcement employers.
Can I resign while suspended?
Yes for cases under the current Conduct Regulations. The rule that a suspended officer needed consent to retire now applies only to cases still under the 2004 or 2008 Conduct Regulations. Suspension is with pay until your last day.
Do I lose my police pension if I resign during an investigation?
No. Resigning, a misconduct finding or a place on either list does not forfeit a police pension. Forfeiture needs a criminal conviction and, for most offences connected with service, a Home Secretary's certificate. Your pension follows the normal leaving rules.
Do I have to attend a hearing after I resign?
The Regulations still say the officer must attend, but the hearing can go ahead and conclude without you and missing an interview can lead the panel to draw an adverse inference. Proceedings must stop if you are unfit through ill health or disability, or cannot be traced after reasonable enquiries. Taking part is usually in your interest.
Will a new employer find out?
Law enforcement employers must check the advisory and barred lists. Barred list entries for conduct cases are published. For enhanced DBS checks a chief officer can include information they reasonably believe is relevant. Do not hide it: our ex-police CV guide covers explaining a difficult exit honestly.
How long after leaving can I face gross misconduct proceedings?
Without special approval, for allegations that came to notice within 12 months of leaving. After that, only if the IOPC makes a special determination, which its policy describes as a high threshold for the most serious and exceptional cases.
Can I rejoin the police later?
Not while on the barred list. With an advisory list entry, a force must check the list and consider the risk and the Vetting Code of Practice says rejoiners must be fully re-vetted.
Should I resign or stay and fight?
That depends on your case and you should get advice from your Federation or staff association representative and a lawyer before giving notice. The table on this page sets out what changes either way.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 21 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Police (Conduct) Regulations 2020, regulation 4 and Schedule 1 : former officers: Conditions A, B and C; outcomes; attendance; unfit or untraceable (accessed 21 October 2026)
- Police (Conduct) Regulations 2020, Part 5 (accelerated misconduct hearings) : special conditions; hearing 10 to 15 working days after notice (accessed 21 October 2026)
- Police (Conduct) Regulations 2020, regulation 11 : suspension must be with pay (accessed 21 October 2026)
- IOPC: special determination policy (September 2025) : high threshold for Condition C cases (accessed 21 October 2026)
- Home Office: statutory guidance on professional standards, performance and integrity (2020) : paras 5.35, 5.39, 20.8, 20.36 to 20.72, 22.2 to 22.8 (accessed 21 October 2026)
- Home Office Circular 012/2017 : resigning during investigation from 15 December 2017 (accessed 21 October 2026)
- Home Office: amended regulation 14 determination (Annex D), 15 December 2017 : suspension bar limited to 2004 and 2008 Conduct Regulations cases (accessed 21 October 2026)
- Police Act 1996, Part 4A (barred and advisory lists) : ss.88A, 88B, 88G, 88H, 88I, 88J, 88L, 88M (accessed 21 October 2026)
- Police Barred List and Police Advisory List Regulations 2017 (SI 2017/1135) : publication (reg 10) and removal (reg 7) (accessed 21 October 2026)
- Crime and Policing Act 2026, sections 205, 206 and 209 : law enforcement employers: barred list bar and duty to check advisory lists, in force 21 September 2026 (SI 2026/960) (accessed 21 October 2026)
- Home Office: Vetting Code of Practice (2023) : sections 5.4 and 5.14 (accessed 21 October 2026)
- Police Act 1997, section 113B : enhanced criminal record certificates and chief officer information (accessed 21 October 2026)
- Home Office: Statutory Disclosure Guidance (4th edition, 2024) : how chief officers decide what to disclose (accessed 21 October 2026)
- Police Pensions Regulations 2015, regulation 211 : forfeiture needs a conviction (accessed 21 October 2026)
- Police Pensions Regulations 2006, regulation 55 and 1987, regulation K5 : forfeiture in the legacy schemes (accessed 21 October 2026)
- Police (Amendment) Regulations 2012 (SI 2012/1960), explanatory note : notifying business interests (accessed 21 October 2026)
- Home Office: Police workforce, England and Wales, 31 March 2026 : 461 dismissals (headcount) in 2025/26 (accessed 21 October 2026)
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Disclaimer
PolicePay.co.uk is an independent reference site. This page is general information, not financial, pension, tax, employment-law or careers advice and it cannot consider your personal circumstances. Pension decisions can be hard to reverse: ask your pension administrator for a statement and, where the amounts are large, an FCA-authorised adviser. Rules and figures change, so check the sources for the date you are reading this. Details apply to England and Wales unless stated. Details are as checked on 21 October 2026.