Gross Misconduct
Explained (UK)
Understand UK police gross misconduct procedures. From allegation and investigation to hearing, dismissal, appeal and pension impact.
What Is Gross Misconduct?
Gross misconduct is "a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal" (Police (Conduct) Regulations 2020, regulation 2(1)). Since 28 May 2025, conduct that has resulted in conviction for an indictable-only offence is taken to be gross misconduct.
- It is not a performance issue.
- It is not minor misconduct.
- It is conduct considered fundamentally incompatible with policing.
At the opposite end of the scale, genuinely minor, learning-focused concerns are usually resolved through a Reflective Practice Review (RPRP) rather than a formal misconduct process — it carries no disciplinary sanction and is not treated as a finding against you.
If proven, the outcome must be dismissal without notice unless the panel is satisfied that exceptional circumstances justify a final written warning or reduction in rank (regulation 42(3)(b), since 28 May 2025).
The Standards of Professional Behaviour
All misconduct cases are judged against the ten standards in Schedule 2 to the Police (Conduct) Regulations 2020:
Honesty & Integrity
Being honest, acting with integrity and not compromising or abusing your position.
Authority, Respect & Courtesy
Self-control and tolerance, respect and courtesy, and not abusing powers or authority.
Equality & Diversity
Acting with fairness and impartiality, and not discriminating unlawfully or unfairly.
Use of Force
From 30 June 2026: using force only when you honestly believe it necessary, and force that is necessary, proportionate and reasonable.
Orders & Instructions
Only giving and carrying out lawful orders, and abiding by police regulations and force policies.
Duties & Responsibilities
Diligence, and giving appropriate cooperation as a witness in investigations and proceedings.
Confidentiality
Accessing or disclosing information only in the proper course of police duties.
Fitness for Duty
Being fit to carry out your responsibilities when on duty or presenting for duty.
Discreditable Conduct
Not discrediting the police service or undermining public confidence, on or off duty, and reporting criminal action taken against you.
Challenging & Reporting Improper Conduct
Reporting, challenging or taking action against colleagues' conduct below the standards.
Breaches vary in seriousness. The College of Policing's outcomes guidance (2022) treats as especially serious: criminal convictions or cautions, operational dishonesty or corruption, misuse of police data, violence, intimidation or sexual impropriety, abuse of a position of trust or authority, misconduct involving a vulnerable person, discrimination and violence against women and girls.
The Misconduct Process — Step By Step
Stage 1: Allegation Received
A complaint or conduct concern is recorded.
Stage 2: Initial Assessment
The appropriate authority (in practice usually the Professional Standards Department, acting for the chief officer) assesses whether the conduct, if proved, would be misconduct, gross misconduct or neither (regulation 14). If neither, it can refer the matter to reflective practice, the performance or vetting procedures, or take no further action.
Stage 3: Investigation
An investigation officer gathers evidence (Witness statements, Body worn video, CCTV, Digital evidence).
You may be:
- Given a written notice of the allegation and severity assessment (regulation 17), then interviewed (regulation 20). The notice warns that not mentioning something you later rely on may harm your case
- Placed on restricted duties
- Suspended (Suspension is neutral, not punishment)
Stage 4: Case to Answer Decision
After the investigator's report, the appropriate authority decides whether there is a case to answer (regulation 23). A case to answer for gross misconduct must go to a misconduct hearing, or to an accelerated hearing if the special conditions are met. You receive a notice of referral with the report and relevant documents (regulation 30) and have 15 working days to respond (regulation 31). You can take advice at any stage; the right to be represented by a lawyer applies at the hearing itself (regulation 8(1)).
Stage 5: Misconduct Hearing
Since 7 May 2024, for officers up to chief superintendent: a panel of three chaired by the chief officer (or a delegate who is a senior officer, a former senior officer or, unless the case substantially involves operational policing, a senior police staff member), with two lay members appointed by the police and crime commissioner. A legally qualified person advises the panel but does not decide (regulations 28(4) and (5B) and 2(4A) to (4C)). Hearings are held in public, subject to the chair's power to restrict (regulation 39).
The panel decides the facts and whether they amount to misconduct, gross misconduct or neither, on the balance of probabilities (regulation 41(16)), then the outcome. See meeting vs hearing.
Stage 6: Possible Outcomes
- Neither found: reflective practice or no further action Clear
- Misconduct (not gross) found: written or final written warning Warning
- Gross misconduct, exceptional circumstances: final written warning or reduction in rank Exceptional
- Gross misconduct: dismissal without notice Dismissal
Since 28 May 2025, gross misconduct means dismissal without notice unless the panel is satisfied there are exceptional circumstances, and it must give its reasons if it does not dismiss (regulations 42 and 43). For misconduct, reduction in rank or dismissal are available only with a live final written warning or several unconnected incidents (regulation 42(5) and (6)). In the year to 31 March 2025, 88% of officers found to have committed gross misconduct at a hearing or accelerated hearing were dismissed (Home Office).
The Police Barred List
If dismissed for gross misconduct:
- The force must report you to the College of Policing within 5 working days (Police Act 1996, section 88A; 2017 Regulations, regulation 3).
- The College must include you on the barred list (section 88B). There is no separate assessment.
- While listed, no law enforcement employer may employ or appoint you (Crime and Policing Act 2026, section 205, from 21 September 2026). You can apply for removal after 5 years.
Can You Resign?
Yes. However:
- Gross misconduct proceedings can continue after you leave (regulation 4).
- If gross misconduct is found, the only disciplinary outcome is a finding that you would have been dismissed, which puts you on the barred list (section 88A(1)(b)).
- Leaving while under investigation means a report for the police advisory list (section 88I).
What Happens To Your Pension?
Dismissal does not automatically remove accrued pension rights.
In the 2015 scheme, forfeiture needs a criminal conviction: either an offence connected to your police service AND a forfeiture certificate issued by the Home Secretary, or specified official secrets or national security offences with sentences of at least 10 years (Police Pensions Regulations 2015, regulation 211). The 1987 and 2006 schemes have their own provisions.
Common Questions
What is the difference between misconduct and gross misconduct?
Gross misconduct is a breach of the Standards of Professional Behaviour so serious as to justify dismissal; misconduct is a breach so serious as to justify disciplinary action (Police (Conduct) Regulations 2020, regulation 2(1)). Since 28 May 2025, conduct that has resulted in conviction for an indictable-only offence is taken to be gross misconduct, and a gross misconduct finding must lead to dismissal unless exceptional circumstances justify a final written warning or reduction in rank (regulation 42(3)(b)). Misconduct usually leads to a written or final written warning.
Does dismissal always mean barred list placement?
Yes. When an officer is dismissed at misconduct proceedings, the force must report them to the College of Policing within 5 working days and the College must include them on the police barred list (Police Act 1996, sections 88A and 88B; Police Barred List and Police Advisory List Regulations 2017, regulation 3). The regulation 17 notice at the start of an investigation warns you of this.
Can you transfer forces during investigation?
The Conduct Regulations do not deal with it, so it depends on the policies of your force and the receiving force. Home Office guidance says a live warning transfers with you and remains live (paragraph 11.130). See our guide to transferring with live misconduct.
Can pension be taken away after dismissal?
Dismissal does not by itself remove pension you have built up. In the 2015 scheme, forfeiture needs a criminal conviction: an offence in connection with your police service for which the Home Secretary issues a forfeiture certificate, or specified official secrets or national security offences with sentences of at least 10 years (Police Pensions Regulations 2015, regulation 211).
Timeline
There is no overall time limit. If an investigation runs past 12 months, the force must report why to the local policing body, then every 6 months (regulation 19). For cases finalised in the year to 31 March 2025, the Home Office reports a median of 478 days where there was at least one misconduct proceeding (210 days across all cases). See how long investigations take.
Appeal Rights
You may appeal to the Police Appeals Tribunal on three grounds: the finding or outcome was unreasonable; new evidence that could not reasonably have been considered; or a breach of procedure or unfairness that could have materially affected it (rule 4(4)). Notice is due within 10 working days of receiving the written decision (rule 9).