Can I Resign Before a
Misconduct Hearing?

1. The Basic Rule

You can give notice to resign while under investigation. The requirement for the force's consent was removed on 15 December 2017. But under regulation 4 of the Police (Conduct) Regulations 2020, the Regulations still apply to a former officer where an allegation indicates gross misconduct and:

• Condition A: the allegation came to the attention of the force, the police and crime commissioner or the IOPC before you left;
• Condition B: it came to their attention within 12 months after you left; or
• Condition C: it came to their attention more than 12 months after you left and the IOPC Director General makes a special determination that proceedings would be reasonable and proportionate.

These rules do not apply to anyone who left before 15 December 2017 (regulation 4(8)). Misconduct below gross misconduct cannot be pursued once you have left. Any hearing can be concluded in your absence (regulation 37), which is sometimes called a "hearing in absence".

2. Why Forces Continue After Resignation

If resignation alone stopped the process, officers facing serious allegations could avoid the barred list. The former officer rules, brought in by the Policing and Crime Act 2017, exist to prevent that.

3. What Happens Procedurally?

• 1 Your notice period still applies (one month's written notice for most officers, under the Home Office determination made under regulation 14 of the Police Regulations 2003, unless shorter notice is accepted).
• 2 Suspension may continue during notice.
• 3 For alleged gross misconduct, proceedings can continue after you leave. Since 28 May 2025 a former officer's case goes to an accelerated hearing unless the force decides a full hearing is needed or you ask for one within 10 working days (Schedule 1, regulation 21D).
• 4 If the panel finds you would have been dismissed, you are reported to the College of Policing and placed on the barred list (Police Act 1996, sections 88A and 88B).
• 5 Resigning after a relevant allegation came to the force's attention, but before proceedings are brought or concluded, means the force must report you for the police advisory list, unless it had already decided no proceedings would be brought (section 88I).

4. Can You Avoid the Barred List by Resigning?

Where proceedings against a former officer end in a finding that you would have been dismissed, the force must report you to the College of Policing (section 88A), and the College must include everyone reported to it on the police barred list (section 88B). The College does not decide afresh whether to list you. From 21 September 2026, chief officers, police and crime commissioners, the NCA, British Transport Police, the IOPC, HM Chief Inspector of Constabulary and the College of Policing must check the barred lists and may not employ or appoint anyone on them (Crime and Policing Act 2026, sections 205 and 206).

5. What About Pension Rights?

Resignation itself does not remove pension rights, and nor does a misconduct finding. You keep what you have built up under your scheme's leaver rules. Forfeiture needs a criminal conviction: for an offence connected with police service that the Home Secretary certifies, or for Official Secrets Acts offences (and, in the 2015 scheme, certain National Security Act 2023 offences) with a sentence of at least 10 years, where no certificate is needed (2015 Regulations, regulation 211). In the 2015 scheme, undisputed or court-ordered money owed to the force from a criminal, negligent or fraudulent act connected with your service can also be withheld (regulation 213).

6. Strategic Considerations

Where one of Conditions A to C applies, resignation does not avoid proceedings for alleged gross misconduct. It makes a difference where the allegation is misconduct below gross misconduct, which cannot be pursued against a former officer, although an advisory list report can still follow if the allegation could have led to dismissal. Whether resigning is right for you is a question for your representative.

7. Can the Force Refuse Resignation?

No consent is needed for cases under the current regulations: the rule requiring the appropriate authority's consent to resign while under investigation was removed on 15 December 2017. The force can still continue gross misconduct proceedings under regulation 4. Resignation does not equal withdrawal of proceedings.

8. Public Outcome

Misconduct hearings must be held in public, subject to the chair's power to exclude people or restrict reporting (regulation 39), and the chair must normally require the hearing report to be published on the force website for at least 28 days, subject to the harm test and the chair's power to dispense with publication (regulation 43). Resignation does not guarantee privacy.

9. Resignation Before Formal Proceedings

Timing matters in two ways. If the allegation came to notice before you left, Condition A applies whatever stage it had reached. And if you resign after a relevant allegation but before proceedings are brought, the advisory list report applies unless the force had already decided not to bring proceedings (section 88I(2)).

10. Criminal Proceedings

Resignation does not affect criminal liability. Misconduct and criminal processes are separate, and a criminal conviction is the only route to pension forfeiture. See arrest and criminal investigation.

11. Timeline Overview

12. Common Misunderstandings

13. Emotional & Career Considerations

Resignation is significant. It may affect future employment, reputation, and re-entry into policing. Decisions should be based on a full understanding of the process.