IOPC Investigations
Explained
If a matter you were involved in has been referred to the Independent Office for Police Conduct, the process looks different from a force investigation. Here is what the IOPC is, what forces must refer, the three forms of investigation, what subject and witness officers must and can do, and what happens after the report.
Independent information, not advice · Sources checked 30 September 2026 · England and Wales unless stated
The IOPC oversees police complaints in England and Wales. Forces must refer deaths, serious injuries and serious allegations such as serious assault, sexual offences and corruption. The IOPC then decides whether the force investigates, it directs the force, or it investigates itself. Subjects get a notice and the usual rights; witnesses must cooperate. This is information, not advice: contact your Federation or staff association rep early.
What the IOPC is and where its powers come from
The Independent Office for Police Conduct is the body corporate previously called the Independent Police Complaints Commission. Section 9 of the Police Reform Act 2002, as amended by the Policing and Crime Act 2017, continued it under its new name from 8 January 2018. It consists of a Director General appointed by the Crown and at least six other members. In the legislation, most of its powers belong to the Director General.
Section 10 sets its general functions: securing suitable, efficient and effective arrangements for handling complaints and conduct matters, keeping them under review, securing public confidence in them, and making recommendations on police practice. The detailed rules for complaints, conduct matters and death or serious injury (DSI) matters are in Schedule 3 to the 2002 Act and the Police (Complaints and Misconduct) Regulations 2020.
The IOPC says it oversees the police complaints system, investigates the most serious matters, considers certain reviews from dissatisfied complainants, and makes its decisions independently of the police and the Government. Its remit covers all forces in England and Wales and extends to police and crime commissioners and their deputies, the British Transport Police, Ministry of Defence Police and Civil Nuclear Constabulary, HMRC, some Home Office border and immigration staff, the National Crime Agency and several other bodies with police-like powers.
The IOPC does not run misconduct meetings or hearings and does not impose sanctions: the force does. It does not decide whether to prosecute: the Crown Prosecution Service does. It says it cannot intervene in proceedings about an officer's own conduct or challenge force decisions on vetting or other employment matters, and that grievance matters such as pensions, promotion and discipline are generally outside its remit.
Mandatory and discretionary referral triggers
A force (the "appropriate authority") must refer certain complaints, recordable conduct matters and DSI matters to the IOPC, whether or not anyone has complained. Mandatory referrals must be made without delay and by the end of the day after it becomes clear the matter must be referred (Complaints Regs regs 4(2), 7(4) and 9). For DSI purposes, "serious injury" means a fracture, a deep cut, a deep laceration or an injury causing damage to an internal organ or the impairment of any bodily function (section 29).
| Matter | Referral | Where the rule is |
|---|---|---|
| Death or serious injury (DSI) matter, with or without a complaint | Must refer | Police Reform Act 2002 Sch 3 paras 4(1)(a), 13(1)(a), 14C |
| Serious assault (actual bodily harm or worse) | Must refer | Complaints Regs regs 4(1)(a)(i), 7(1)(a); IOPC guidance paras 9.7 to 9.11 |
| Serious sexual offence (any sexual offence under the Sexual Offences Acts, except summary-only offences off duty) | Must refer | Regs 4(1)(a)(ii), 7(1)(b); guidance paras 9.12 to 9.14 |
| Serious corruption, including abuse of position for a sexual purpose or an improper emotional relationship | Must refer | Regs 4(1)(a)(iii), 7(1)(c); guidance paras 9.15 to 9.23 |
| A crime, or behaviour liable to lead to disciplinary proceedings, aggravated by discrimination | Must refer | Regs 4(1)(a)(iv), 7(1)(d); guidance paras 9.24 to 9.27 |
| A relevant offence (sentence fixed by law, or 7 years' imprisonment or more for an adult) | Must refer | Regs 2, 4(1)(a)(v), 7(1)(e) |
| Anything arising from the same incident as the above | Must refer | Regs 4(1)(b), 7(1)(h) |
| Conduct of a chief officer or the Met's Deputy Commissioner | Must refer (complaints where the force cannot rule out criminal or disciplinary proceedings) | Regs 4(1)(c), 7(1)(g) |
| Anything the IOPC tells the force to refer ('call-in') | Must refer | Sch 3 paras 4(1)(c), 13(1)(c) |
| Grave or exceptional matters not otherwise covered | May refer (voluntary) | Sch 3 paras 4(2), 13(2) |
The IOPC's statutory guidance adds detail. It says, for example, that an allegation of serious corruption must be referred without delay and that it is not appropriate to wait until there is enough information to make an arrest, and that where it is unclear whether a matter must be referred, the IOPC encourages referral. The IOPC also has a "power of initiative" to treat a matter as referred.
In 2024/25 the IOPC received 6,904 referrals from appropriate authorities, 96% of them mandatory, according to its annual report. It says most referrals are not investigated independently by it.
Forms of investigation: local, directed and independent
When the IOPC decides an investigation is needed, it must decide its form (Schedule 3 paragraph 15). The law now allows three forms. It must first consider, having regard to the seriousness of the case and the public interest, whether the force should investigate on its own behalf. If not, it must investigate itself, unless it decides a directed investigation is more appropriate. It must keep directed investigations under review and can change the form later.
| Form | Who investigates | Who decides the outcome | Rule |
|---|---|---|---|
| Local investigation | The force's own Professional Standards Department, on its own behalf | The force (appropriate authority) | Sch 3 para 16 |
| Directed investigation | Force investigators, under the IOPC's direction and control | The IOPC (Director General) | Sch 3 para 18 |
| Independent investigation | IOPC investigators | The IOPC (Director General) | Sch 3 para 19 |
A fourth form, the "supervised" investigation, was removed from paragraph 15 by the Policing and Crime Act 2017 (fully in force from 1 February 2020). You may still see "directed/managed" in IOPC reports, including its 2024/25 annual report; under current law the directed form is an investigation by the force under the direction of the Director General.
The IOPC says its core independent work covers cases where Article 2 (right to life) or Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights is engaged, and certain matters involving chief officers. It lists other factors it weighs, including the harm caused, the vulnerability of those affected, evidence of wrongdoing, seniority and abuse of power, whether those involved are still serving, and media and community interest. The regulations require it to investigate chief officer matters where there is an indication of a criminal offence or behaviour justifying disciplinary proceedings (Complaints Regs regs 5, 8 and 10).
Step by step: from incident to outcome
| Step | What happens | Who acts | Rule or source |
|---|---|---|---|
| 1. Record and preserve | The force records the complaint, conduct matter or DSI matter and must take steps to preserve evidence. | Force | Sch 3 paras 1, 2, 10, 11, 12, 14A, 14B |
| 2. Refer | Mandatory matters referred by the end of the day after it becomes clear they must be. | Force | Complaints Regs regs 4, 7, 9 |
| 3. Assess | The IOPC's assessment unit decides whether an investigation is needed and its form. | IOPC | Sch 3 para 15; IOPC investigations page |
| 4. Terms of reference | The IOPC sets out what it will investigate. | IOPC | IOPC investigations page |
| 5. Status and notices | Subjects are served a notice after the severity assessment; witnesses are contacted. | IOPC investigator | Complaints Regs regs 16, 17; IOPC witness guidance |
| 6. Evidence | Witness statements, interviews, body-worn video, CCTV, records, expert advice. | IOPC investigator | IOPC investigations page |
| 7. Report | The report sets out what happened, the evidence and the analysis. | IOPC | Sch 3 para 22 |
| 8. Decisions | CPS referral decision; force's views sought (28 days); case to answer and proceedings decided. | IOPC | Sch 3 para 23; Complaints Regs reg 27 |
| 9. Proceedings | The force holds any meeting or hearing; the IOPC may attend or present. | Force (and IOPC) | Conduct Regs regs 24, 38 |
| 10. Learning | The IOPC can make recommendations to the force or to all forces. | IOPC | IOPC investigations page |
Not every referral goes through every step. The IOPC may decide an investigation is not necessary and send the matter back to the force to handle in a reasonable and proportionate way, or decide on a local investigation, in which case the force-level process applies.
After a death or serious injury: the first days
All DSI matters must be referred to the IOPC (Schedule 3 paragraph 14C), whether or not anyone complains and whether or not there is any suggestion of wrongdoing. The IOPC says forces must refer, for example, where someone dies or is seriously injured in custody, after police contact, as a result of a police shooting, or in a road collision involving the police.
- Being involved is not the same as being a subject. Most officers involved in a DSI start as witnesses. Status changes only if there is an indication of a criminal offence or behaviour justifying disciplinary proceedings.
- Key police witnesses (those significantly involved in, or who witnessed, the death or serious injury) must have regard to the IOPC's statutory guidance on post-incident procedures, which covers not conferring with others, preserving evidence and giving a personal initial account.
- Post-incident procedures are also set out in College of Policing authorised professional practice, which Home Office guidance says includes support on management, welfare and legal issues.
- Support. Ask your Federation or staff association for advice before giving any account beyond what the procedures require, and use the welfare support available. See post-incident support in policing.
Subject or witness: which are you?
In an IOPC investigation, officers and staff involved are given one of two statuses. The IOPC's guide for officers says those with more than peripheral involvement are witnesses unless the investigator considers there is an indication that they may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings, in which case they are subjects. It describes that threshold, an "indication", as low.
- Decided early, kept under review. The investigator decides status from the outset and reviews it throughout. A witness can become a subject if evidence emerges.
- If a witness becomes a subject, the IOPC's February 2026 witness guidance says the investigator will stop any witness interview, tell the person their status is under review, and, if confirmed, serve a formal written notice setting out their rights, the allegations and (subject to the harm test) the reasons, followed by a separate subject interview. Any account given as a witness can still be used.
- Actions are scrutinised either way. The IOPC says all investigations scrutinise the acts, omissions, statements and decisions of officers involved, whether or not they are served notices.
| Subject | Witness | |
|---|---|---|
| Status confirmed | Written notice of subject status and the allegation (Complaints Regs reg 17) | Told you are a witness and what the investigation is about (IOPC witness guidance 2.7 to 2.8) |
| Advice and support | Police friend (reg 18); staff association advice; solicitor for any criminal interview | May be accompanied at interview by a police friend, lawyer, union rep or other person not involved |
| Giving an account | 10 working days to give a statement and documents (reg 20); optional, with the misconduct caution | Expected to give a full and frank account; written statements normally within 14 calendar days |
| Interview | Must attend a misconduct interview (reg 21); criminal interview under caution if relevant | Serving officers and staff can be required to attend (Complaints and Conduct Regs 2013 reg 2) |
| Right to silence | Yes, subject to the misconduct caution; the duty to cooperate as a witness does not apply to subjects | The Duties and Responsibilities standard requires appropriate cooperation |
| Updates | At least every 28 days unless agreed otherwise (IOPC 2020 guide) | No set frequency; decided by the lead investigator |
If you are a subject: the notice, your account and interviews
The misconduct rules in IOPC and complaint cases are called the "special procedure" (Schedule 3 paragraph 19A). They apply where there is an indication that an officer may have committed a criminal offence or behaved in a way that would justify disciplinary proceedings, and they mirror the force-level rules explained in police officer under investigation: your rights.
- Severity assessment. In directed and independent investigations the IOPC makes the severity assessment (misconduct or gross misconduct), after consulting the force (Complaints Regs reg 16).
- The notice. Once the assessment is made, the investigator must give you a notice under regulation 17 stating the conduct and the standard it may breach, the investigator, the severity assessment and likely form of proceedings, the barred list consequences of dismissal, your right to advice and a police friend, the rules on representations and legal representation, the misconduct caution and, for matters arising from 13 July 2026, that a later charge for a listed offence would mean automatic suspension. The terms of reference follow at the same time or within 5 working days, unless withheld because they might prejudice an investigation. The IOPC may call this a misconduct notice.
- A criminal letter, if relevant. The IOPC says that where there is an indication of a criminal offence, you will receive a letter outlining the details, and it takes accounts under criminal caution after explaining your legal rights.
- Your account. You have 10 working days after the terms of reference to give a statement and documents; in IOPC-run investigations they are sent to the IOPC for consideration (reg 20).
- Interview. The IOPC says subjects should expect to be interviewed, under the misconduct caution and, where appropriate, the criminal caution. In independent investigations the IOPC agrees or sets the date; you must attend and can propose an alternative within 5 working days (reg 21).
- Who is with you. A police friend: a police officer, special constable, police staff member or a person nominated by your staff association (reg 18). The IOPC says a staff association may nominate a lawyer as a police friend, and that if the misconduct interview immediately follows a criminal interview, the lead investigator may consider letting your legal representative remain. In a criminal interview you are entitled to a solicitor.
- Updates. The IOPC's guide says it updates subjects at least every 28 days unless another timeframe is agreed, and you can ask for correspondence to go through your representative.
For what the Federation provides and what you may have to fund, see Federation representation and legal support. If there is a criminal side, read officer arrested or criminally investigated.
If you are a witness: the duty to cooperate
The Standards of Professional Behaviour (Schedule 2 to the Police (Conduct) Regulations 2020) include, under Duties and Responsibilities, a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally when identified as a witness. Home Office guidance, quoted in the IOPC's witness guidance, says this duty applies where your status is witness and not in the same way where you are a subject, whose right to remain silent must be upheld.
- Compelled interviews. In directed and independent investigations, serving officers and staff can be required to attend a witness interview (Police (Complaints and Conduct) Regulations 2013, reg 2). The date is agreed where practicable, otherwise specified; if you cannot make it you must propose a reasonable time within 5 working days. An accompanying person cannot answer questions for you.
- Interview or written statement. The investigator decides. Interviews are more likely where Article 2 or 3 may be engaged, in criminal or gross misconduct investigations, or where you directly witnessed events or made decisions. Written statements are normally expected within 14 calendar days, on an MG11.
- Key police witnesses in DSI investigations must have regard to the IOPC's statutory guidance on post-incident procedures, including its requirements on not conferring, preserving evidence and giving a personal initial account.
- Significant witnesses will usually be video or audio recorded unless they do not agree, in which case the investigator records the reasons.
- What the IOPC expects: attending on time, a full and frank account, your rationale for decisions, and answering follow-up questions. The guidance says delays are unlikely to be agreed without good reason, and medical evidence may be requested.
- Anonymity. You can ask for your identity to be protected where there are reasonable grounds; the IOPC applies its naming policy, and courts or tribunals decide anonymity in later proceedings.
After a death or serious injury, welfare support such as TRiM and debriefs is covered in post-incident support in policing.
After the report: how IOPC findings feed into misconduct proceedings
For directed and independent investigations, Schedule 3 paragraph 23 sets out what happens when the report is complete:
- Criminal referral decision. The IOPC decides whether the report indicates a criminal offence may have been committed and whether it is appropriate to send it to the Director of Public Prosecutions. For matters arising from 29 October 2026, the first condition becomes whether there is sufficient evidence for a realistic prospect of conviction (Crime and Policing Act 2026, s198).
- Victims' right to request review. Since 29 June 2026, if the IOPC proposes not to refer and the officer had been told they might be prosecuted, it must give victims a chance to ask for that decision to be reviewed first (para 23A).
- The force's views. The IOPC seeks the force's views on case to answer and performance. The force has 28 days, extendable (Complaints Regs reg 27).
- IOPC determination. The IOPC then decides whether each officer has a case to answer for misconduct or gross misconduct, whether performance is unsatisfactory, and whether disciplinary proceedings should be brought and in what form (para 23(5A)(b)).
- Direction to the force. Where it decides proceedings should be brought, it directs the force to bring them. The force must comply and see the proceedings through to a proper conclusion (para 23(5A)(e) and (5B)). If no proceedings are brought, you should receive a copy of the report or the parts relating to you, subject to prejudice (Complaints Regs reg 28).
- At the meeting or hearing. The force runs the proceedings. The IOPC may attend to make representations (Conduct Regs reg 38) and can decide to present the case itself at a hearing or accelerated hearing where, for example, the force disagreed with its case to answer decision, the two agree, or there is a compelling public interest (reg 24).
The IOPC describes the practical effect plainly: the force can make representations and the IOPC will consider them, but the IOPC makes the final decision on what happens as a result of its investigation, and it is the force that carries out any disciplinary action. For how meetings and hearings differ and what they can impose, see misconduct meeting vs hearing and sanctions explained.
Complainants can apply for reviews of how complaints were handled, and the Director General has power to require a complaint or matter to be re-investigated (section 13B). The Conduct Regulations and the 2026 suspension changes both apply to re-investigations regardless of when the matter first arose.
What happens to you meanwhile: suspension and restricted duties
Suspension is decided by your force, not the IOPC. In directed and independent investigations, the force must consult the Director General before deciding whether the suspension condition is met, and before deciding on review (Conduct Regs regs 11(8) and 11A(4)). The investigator must give the force the information it reasonably requests for that decision (Complaints Regs reg 22). If you are automatically suspended after a charge, the force must tell the IOPC by the end of the next working day (reg 11F(7)).
For allegations that came to attention on or after 13 July 2026, the force must suspend if it is satisfied the investigation may be prejudiced or the public interest requires it, having considered redeployment, with reviews at least every 12 weeks. Older allegations keep the previous rules, including reviews every 4 weeks. Suspension is always with pay. Details are in suspension and restricted duties explained and your rights under investigation.
An investigation can also be paused if continuing would prejudice a criminal investigation or proceedings. The IOPC can pause its own investigations on that ground, and can direct, after consulting the force, that a paused investigation continues or resumes in the public interest (Complaints Regs reg 40). Long waits affect wellbeing: confidential support, including a 24/7 crisis line for people in policing, is listed in the police mental health support services directory.
IOPC timeliness and outcomes: what the published data shows
Timeliness
- 2025/26 (performance framework, March 2026): 72.5% of core independent investigations completed within 12 months (target 70%) and 31.6% within 6 months (target 30%). Mode of investigation decided in an average of 4.3 working days (target 5).
- 2024/25 (annual report): 71.7% within 12 months against the then 85% target and 31.3% within 6 months. The IOPC started 235 core independent investigations and completed 245. It started 68 directed investigations and completed 91, taking an average of 387 working days to complete them (down from 479). At year end it had 225 active investigations, with an average duration of 207 working days.
- After the report: the IOPC says the timeliness of later proceedings is decided by the force or the CPS. Of 104 proceedings following IOPC investigations in 2023/24, 49 took place within 12 months of the IOPC's final report.
Outcomes (2023/24, the latest outcomes report)
- 305 independent investigations were completed; 170 were conduct matters involving 377 officers and staff.
- 186 of the 377 (49%) had a case to answer: 68 for misconduct and 118 for gross misconduct. Further action such as management action or reflective practice followed for 71 of the 191 with no case to answer.
- Accounts were taken under criminal caution from 110 people; 69 were referred to the CPS, which decided to prosecute 30 (43%).
- 87 misconduct proceedings took place, and misconduct or gross misconduct was proven in 62 (72%). Of 24 people who faced criminal proceedings, 15 pleaded or were found guilty.
The IOPC notes the outcomes report is not official statistics and that decisions and proceedings in the same year relate to different cases. For wider force-level timescales see how long misconduct investigations take.
What changed in 2025 and 2026
- 28 May 2025: a presumption of dismissal where gross misconduct is found, unless exceptional circumstances justify a final written warning or reduction in rank (Conduct Regs reg 42(3)(b)); conduct resulting in conviction for an indictable-only offence is taken to be gross misconduct; the Home Office also announced a presumption of accelerated hearings for former officers. Transitional rules apply to older cases.
- 29 June 2026: the victims' right to request a review of a proposed IOPC decision not to refer a case to the prosecutor became statutory (Crime and Policing Act 2026, s199; Sch 3 para 23A).
- 30 June 2026: the use of force standard now reads that officers only use force when they honestly believe it to be necessary, and that force used should be necessary, proportionate and reasonable (SI 2026/597). It does not apply to allegations that came to attention before that date.
- 13 July 2026: the new suspension regulations 11 to 11H, including a duty to suspend where the condition is met, 12-weekly reviews and automatic suspension on charge for listed offences (SI 2026/653).
- 11 August 2026: the IOPC published a consultation draft of revised statutory guidance to reflect legislative changes since 2024. The consultation closes on 20 October 2026; the 2020 guidance remains current until then.
- 29 September 2026: section 204 of the Crime and Policing Act 2026 came fully into force, giving the Home Secretary power to make rules allowing chief officers, local policing bodies and the IOPC (in cases it presented) to appeal to the Police Appeals Tribunal.
- 29 October 2026: for new matters, a realistic-prospect-of-conviction test for sending reports to the prosecutor, and a new accelerated procedure allowing a case to go to the prosecutor before the investigation is complete (Crime and Policing Act 2026, ss197 and 198; SI 2026/960).
The Government's factsheet says the investigative changes followed its police accountability review and aim to improve the timeliness of investigations. The same Act creates a presumption of anonymity in court for firearms officers charged over the discharge of a firearm in the line of duty.
Common myths about the IOPC
Myth
"A referral means the IOPC will investigate me."
What the sources say
Most of the roughly 7,000 referrals a year are not investigated independently. Many are sent back to the force or investigated locally.
Myth
"As a witness I can decline to be interviewed."
What the sources say
Serving officers and staff can be required to attend in directed and independent investigations, and officers have a duty to cooperate as witnesses.
Myth
"The IOPC sacks officers."
What the sources say
The IOPC decides whether there is a case to answer and can direct proceedings, but the meeting or hearing and any sanction are the force's.
Myth
"A CPS referral means I will be charged."
What the sources say
The IOPC's referral test has been lower than the CPS charging test. In 2023/24 the CPS decided to prosecute 43% of the people the IOPC referred.
Myth
"Managed and supervised investigations still exist."
What the sources say
The law provides for local, directed and independent investigations. Supervised investigations were removed by the Policing and Crime Act 2017.
What to ask, and who to ask
- Am I a subject or a witness, and what form is the investigation?
- Is there a criminal element, and will I be interviewed under caution?
- What disclosure will I get before interview?
- Can correspondence go through my representative?
- How often will you update me?
- Should I give a written account within the 10 days, and in what form?
- Do I need a solicitor now for a criminal interview?
- If I am a witness, should I give a statement or ask to be interviewed?
- Can I challenge my status or the severity assessment?
- What happens to my job while the IOPC decides?
What we could not verify
- The IOPC's guide for officers under investigation dates from January 2020. Some details in it (for example its table of possible outcomes, which lists dismissal with notice) predate or do not reflect later changes, so we have relied on it only for how the IOPC handles status, notices, interviews and updates.
- We could not confirm when the Police Appeals Tribunals Rules will be amended to allow appeals by chief officers, local policing bodies or the IOPC, or when the firearms officer anonymity provisions come into force.
- The IOPC's latest published outcomes report covers 2023/24. We have not used any later outcome figures because we could not find them published.
- We could not find the exact definition of the IOPC's "core" independent investigations, so its timeliness percentages may not cover every investigation it runs.
- The revised IOPC statutory guidance is a consultation draft. Final wording may differ.
This page explains the published rules and data as read on 30 September 2026. If you are involved in an IOPC investigation, speak to your Police Federation or staff association representative, or a solicitor, about your own case.
Frequently Asked Questions
What is the IOPC?
The Independent Office for Police Conduct oversees the police complaints system in England and Wales. It was previously the Independent Police Complaints Commission and took its current name and structure on 8 January 2018 under the Police Reform Act 2002 as amended by the Policing and Crime Act 2017. It is led by a Director General, investigates the most serious matters itself, and says it makes its decisions independently of the police and the Government.
What must police forces refer to the IOPC?
Complaints and recordable conduct matters involving a death or serious injury, all death or serious injury (DSI) matters, and allegations of serious assault, serious sexual offences, serious corruption (including abuse of position for a sexual purpose or an improper emotional relationship), crimes or misconduct aggravated by discrimination, relevant offences, and certain matters involving chief officers. The IOPC can also require a referral, and forces can refer voluntarily.
What happens when the IOPC investigates a police officer?
The IOPC decides whether an investigation is needed and in what form: by the force itself, by the force under IOPC direction, or independently by IOPC investigators. Officers whose conduct may amount to a criminal offence or justify disciplinary proceedings are treated as subjects and served a notice; others involved are witnesses. At the end, the IOPC decides whether there is a case to answer and can direct the force to bring disciplinary proceedings.
What is an IOPC misconduct notice?
It is the written notice under regulation 17 of the Police (Complaints and Misconduct) Regulations 2020, given once the severity assessment is made. It sets out the allegation and the standard it may breach, who is investigating, whether it is assessed as misconduct or gross misconduct and the likely form of proceedings, your right to advice and a police friend, and the misconduct caution. The terms of reference follow within 5 working days unless withheld.
Do I have to attend an IOPC interview as a witness?
Serving officers and staff can be required to attend a witness interview in IOPC directed and independent investigations under the Police (Complaints and Conduct) Regulations 2013. The date is agreed if practicable, otherwise set, and you can propose an alternative within 5 working days. Serving officers also have a duty to cooperate as witnesses under the Duties and Responsibilities standard.
Can a witness become a subject in an IOPC investigation?
Yes. The IOPC says status is kept under review. If evidence indicates a witness may have committed a criminal offence or behaved in a way that would justify disciplinary proceedings, the investigator will stop any witness interview, re-designate them as a subject by formal written notice, and arrange a separate subject interview. An account given earlier as a witness can still be used as evidence.
Who decides the outcome of an IOPC investigation?
For directed and independent investigations, the IOPC decides, after seeking the force's views, whether any officer has a case to answer and whether disciplinary proceedings should be brought and in what form. It can direct the force to bring them, and the force must comply. The misconduct meeting or hearing itself is run by the force, and the IOPC can attend to make representations or, in some cases, present the case.
Does the IOPC decide whether an officer is prosecuted?
No. The IOPC decides whether to refer a case to the Crown Prosecution Service, which makes the charging decision. In 2023/24 the IOPC referred 69 individuals to the CPS, which decided to prosecute 30 (43%). From 29 October 2026, for new matters, the referral test changes to whether there is sufficient evidence for a realistic prospect of conviction.
How long do IOPC investigations take?
The IOPC's 2025/26 performance report shows 72.5% of core independent investigations completed within 12 months and 31.6% within 6 months. In 2024/25 its directed investigations took an average of 387 working days. Misconduct or criminal proceedings can follow months or years later.
Can I be suspended during an IOPC investigation?
Yes, but the decision stays with your force, not the IOPC. In directed and independent investigations the force must consult the IOPC before deciding whether the suspension condition is met or before ending a suspension on review. The IOPC investigator must give the force information it reasonably needs for that decision.
Can I bring a solicitor to an IOPC interview?
In a criminal interview under caution, yes, and the IOPC says you should contact your staff association straight away to arrange it. In a misconduct interview as a subject, you have a police friend; the IOPC says the lead investigator may let a legal representative stay if the misconduct interview immediately follows a criminal interview. A witness may be accompanied by a police friend, lawyer, union representative or another person not involved.
Does the IOPC publish its investigation reports?
For most cases it publishes anonymised summaries, which stay online for five years, and it publishes full reports for the most serious and high-profile incidents, removing them six months after publication. Some reports, for example about sexual offences, are not published.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 30 September 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 Reform Act 2002, sections 9 and 10 (legislation.gov.uk) — the IOPC's constitution, renaming from 8 January 2018 and general functions (accessed 30 September 2026)
- Police Reform Act 2002, Schedule 3, latest revised text — referral duties (paras 4, 13, 14C), forms of investigation (para 15), interviews of serving officers (para 19F), restriction on proceedings (para 20), IOPC action on reports (para 23), victims' review (para 23A) (accessed 30 September 2026)
- Police (Complaints and Misconduct) Regulations 2020 (SI 2020/2), latest revised text — mandatory referral descriptions (regs 4, 7), deadlines (reg 9), chief officers (regs 5, 8, 10), special procedure (regs 16 to 22), timeliness (reg 13), reports (regs 27, 28), suspension of investigations (reg 40) (accessed 30 September 2026)
- Police (Conduct) Regulations 2020 (SI 2020/4), latest revised text — suspension and IOPC consultation (regs 11, 11A, 11F), IOPC presenting cases (reg 24), attendance at proceedings (reg 38), Schedule 2 standards (accessed 30 September 2026)
- Police (Complaints and Conduct) Regulations 2013 (SI 2013/281) — compelled witness interviews of serving officers and staff in directed and independent investigations (accessed 30 September 2026)
- Crime and Policing Act 2026, sections 197, 198, 199 and 204, with commencement regulations SI 2026/689 and SI 2026/960 — CPS referral test and accelerated referral (from 29 October 2026), victims' right to request review (from 29 June 2026), appeals to the Police Appeals Tribunal (accessed 30 September 2026)
- Police (Conduct) (Amendment) Regulations 2026 (SI 2026/597) — new wording of the use of force standard from 30 June 2026 (accessed 30 September 2026)
- IOPC: investigations (how referrals are assessed and forms of investigation) — around 7,000 referrals in 2024/25; remit; factors considered; what happens at the end; publication policy (accessed 30 September 2026)
- IOPC: statutory guidance to the police complaints system (2020) — chapter 9 mandatory referral criteria and definitions; serious injury definition (accessed 30 September 2026)
- IOPC: guidance for police witnesses in IOPC investigations (February 2026) — duty to cooperate, compelled interviews, key and significant witnesses, re-designation as subject, written statements (accessed 30 September 2026)
- IOPC: independent investigations, information for police officers, staff and their representatives (January 2020) — subject threshold, notice content, subject interviews, updates at least every 28 days (accessed 30 September 2026)
- IOPC: information for police officers and staff — role, witness accounts, right to a solicitor under caution, barred and advisory lists (accessed 30 September 2026)
- IOPC annual report and accounts 2024/25 — 6,904 referrals; 96% mandatory; investigations started and completed; directed investigation durations (accessed 30 September 2026)
- IOPC performance framework 2025/26, March 2026 — completion within 6 and 12 months; time to decide mode of investigation (accessed 30 September 2026)
- IOPC: outcomes following IOPC independent investigations 2023/24 — case to answer, CPS referrals and proceedings outcomes (accessed 30 September 2026)
- IOPC: consultation draft of the statutory guidance (published 11 August 2026) — revised guidance to reflect legislative changes since 2024; consultation closes 20 October 2026 (accessed 30 September 2026)
- GOV.UK: Crime and Policing Act 2026, policing integrity factsheet — purpose of the IOPC and appeal reforms (accessed 30 September 2026)
- Home Office statutory guidance on professional standards, performance and integrity in policing (version 1.0, February 2020) — consulting the IOPC on suspension; the duty to cooperate as a witness; IOPC report timescales (accessed 30 September 2026)
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PolicePay.co.uk is an independent reference site. It is not a law firm or a representative body, and this page is general information, not legal advice. Conduct, performance and complaints procedures are set by regulations, statutory guidance and your force's own policies, all of which are amended from time to time, and the outcome of any case turns on its facts. If you are under investigation or facing proceedings, speak to your Police Federation or staff association representative or a solicitor about your own case. Details apply to England and Wales unless stated. Details are as checked on 30 September 2026.