Police Misconduct
Explained
What counts as misconduct, which rules apply, who decides at each stage and what can happen, written for officers who have just been served a notice and for the reps supporting them. Updated for the changes that came into force between 2024 and 29 September 2026.
Independent information, not advice · Sources checked 30 September 2026 · England and Wales unless stated
Police misconduct is a breach of the Standards of Professional Behaviour serious enough to justify at least a written warning. Gross misconduct is a breach serious enough to justify dismissal. Cases run under the Police (Conduct) Regulations 2020, as amended: assessment, investigation, a case to answer decision, then a meeting or hearing and a possible appeal. Outcomes turn on the facts, so get Federation or legal advice early.
What counts as misconduct, and what does not
The word "misconduct" gets used loosely in policing. In law it has a precise meaning. Regulation 2(1) of the Police (Conduct) Regulations 2020 defines misconduct as a breach of the Standards of Professional Behaviour "so serious as to justify disciplinary action", and gross misconduct as a breach "so serious as to justify dismissal". Disciplinary action means one of four things only: a written warning, a final written warning, reduction in rank or dismissal without notice.
That definition matters because the system is built to keep lower-level issues out of the disciplinary process. Home Office guidance says disciplinary proceedings are meant for serious breaches where at least a written warning is justified. Below that line sits "practice requiring improvement", dealt with through the reflective practice review process (RPRP), which the regulations say is not disciplinary.
| Category | What it means | Which rules apply | Worst possible outcome |
|---|---|---|---|
| Practice requiring improvement | Underperformance or conduct that falls short of the expectations of the public and the service but is not misconduct (reg 2(7)). | Reflective practice review process, Part 6 of the Conduct Regulations. Not disciplinary. | A reflective review development report. No sanction. |
| Misconduct | A breach of the Standards of Professional Behaviour so serious as to justify disciplinary action (reg 2(1)). | Conduct Regulations 2020: misconduct meeting, or a hearing in some cases. | Written or final written warning; reduction in rank or dismissal only at a hearing in limited cases (reg 42(3)(a)). |
| Gross misconduct | A breach so serious as to justify dismissal. Conduct resulting in conviction for an indictable-only offence is taken to be gross misconduct (reg 2(1), since 28 May 2025). | Misconduct hearing or accelerated misconduct hearing. | Dismissal without notice, unless exceptional circumstances justify a final written warning or reduction in rank. |
| Unsatisfactory performance or attendance, gross incompetence | A capability issue, not a conduct one. | Police (Performance) Regulations 2020, two stages since 28 May 2025. | Can include dismissal. See the performance guide. |
| Complaint | Dissatisfaction expressed by or for a member of the public (Police Reform Act 2002, s 12). Can be about service, not just conduct. | Police Reform Act 2002, Schedule 3, and the Complaints and Misconduct Regulations 2020. | Most complaints never reach misconduct. Only those investigated under special procedures can. |
| Criminal offence | An alleged crime, on or off duty. | Criminal law and courts. Misconduct proceedings can be paused if they would prejudice a prosecution (reg 10). | Court sentence, plus separate misconduct proceedings. See the criminal investigation guide. |
| Vetting concern | Doubt about suitability to hold vetting clearance. | Police (Vetting) Regulations 2025, in force 14 May 2025. | Withdrawal of clearance, which means dismissal without notice. |
One allegation can move between these boxes. The appropriate authority can revise its severity assessment at any time before proceedings start (regulation 14(6)), and an investigator who finds new evidence pointing to something less serious must report that so it can be reassessed (regulation 21(4)). A criminal case and a misconduct case about the same events can also run side by side.
Schedule 2 to the regulations sets out ten standards: honesty and integrity; authority, respect and courtesy; equality and diversity; use of force; orders and instructions; duties and responsibilities; confidentiality; fitness for duty; discreditable conduct; and challenging and reporting improper conduct. Discreditable conduct applies on or off duty, and includes reporting any criminal action taken against you, court conditions or penalty notices. Duties and responsibilities includes giving appropriate cooperation during investigations, inquiries and formal proceedings, including when you are identified as a witness. Making a protected (whistleblowing) disclosure is not a breach of the standards (regulation 2(5)).
Each standard is covered in our standards guide, and off-duty and online behaviour in the social media and off-duty conduct guide.
The law: regulations, standards and guidance
Police officers are not employees in the ordinary sense, so misconduct is not handled under a normal employer's disciplinary policy. It is governed by a stack of legislation and guidance, all made under the Police Act 1996 and the Police Reform Act 2002.
- The Police (Conduct) Regulations 2020 (SI 2020/4). The core rules for internal conduct matters, from assessment to outcome. They apply to allegations that came to a force's attention on or after 1 February 2020. Older cases stay under the 2012 regulations. They have been amended several times since 2024 (see the next section), and each amendment has its own transitional rule, so the version that applies to you depends on when your case started.
- The Police Reform Act 2002, Part 2 and Schedule 3, and the Police (Complaints and Misconduct) Regulations 2020. These cover public complaints, recordable conduct matters, death or serious injury matters and the role of the Independent Office for Police Conduct (IOPC). Once a case reaches misconduct proceedings, the Conduct Regulations apply whichever route it came by.
- The Standards of Professional Behaviour (Schedule 2). The yardstick every allegation is measured against. When deciding whether something is only practice requiring improvement, the decision maker must have regard to the College of Policing's Code of Ethics (regulation 2(8)).
- Home Office statutory guidance. Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards, Performance and Integrity in Policing, version 1.0, published 5 February 2020. It is still the version on GOV.UK, so it does not reflect the 2024 to 2026 changes. Where it conflicts with the amended regulations, the regulations win.
- College of Policing Guidance on outcomes in police misconduct proceedings. Panels must have regard to it when choosing an outcome. The latest edition we could read is the 2022 update. See our sanctions guide for how it works.
- The Police Appeals Tribunals Rules 2020 (SI 2020/1). Appeals from hearings.
- Police Act 1996, Part 4A, and the Police Barred List and Police Advisory List Regulations 2017. What happens after dismissal, or after leaving while under investigation.
Forces must refer certain complaints and conduct matters to the IOPC, including serious assaults, serious sexual offences, serious corruption and conduct aggravated by discrimination (Complaints and Misconduct Regulations 2020, regulations 4 and 7), as well as deaths and serious injuries. The IOPC then decides whether the force investigates on its own behalf, investigates under IOPC direction, or the IOPC investigates independently (Police Reform Act 2002, Schedule 3, paragraph 15). In cases it has investigated or directed, the IOPC can require proceedings to be brought, present the case at a hearing (regulation 24) and attend to make representations (regulation 38). Detail is in the IOPC investigations guide.
What changed between 2024 and 2026
The Home Office's review of police dismissals, published in September 2023, led to changes in several stages. Some of what you read online, including older pages on this site, describes the system before these changes. This is the sequence as it appears in the legislation.
| In force | Legislation | What changed |
|---|---|---|
| 7 May 2024 | SI 2024/521 | Chief officer (or a delegate) chairs misconduct hearings, sitting with two lay members. A legally qualified person advises but does not decide. New conflict of interest rules (reg 12A). |
| 14 May 2025 | SI 2025/502 | Police (Vetting) Regulations 2025 in force. Withdrawal of vetting leads to dismissal without notice. |
| 28 May 2025 | SI 2025/558 | Dismissal is the outcome for proven gross misconduct unless exceptional circumstances apply. Indictable-only conviction counts as gross misconduct. Former officers referred to an accelerated hearing unless they opt for a full hearing. Notices can be sent by email. |
| 30 June 2026 | SI 2026/597 | Use of force standard reworded: officers only use force when they honestly believe it to be necessary, and the force used should be necessary, proportionate and reasonable. |
| 13 July 2026 | SI 2026/653 | Duty to suspend where the suspension condition is met. Suspension presumed on arrest for listed offences or domestic abuse; automatic or mandatory suspension on charge. Reviews move from every 4 weeks to every 12 weeks. Vetting must be reassessed after misconduct proceedings that do not end in dismissal. |
| 21 September 2026 | Crime and Policing Act 2026, ss 205-213 | Law enforcement employers, including chief officers, police and crime commissioners, the NCA, BTP, HM Chief Inspector of Constabulary, the IOPC and the College of Policing, must check the barred lists and may not employ or appoint anyone on them (s 205). |
| 29 September 2026 | Crime and Policing Act 2026, s 204 | Home Office can make rules letting chief officers, police and crime commissioners and the IOPC appeal to the Police Appeals Tribunal. We could not find those rules yet (see below). |
| 29 October 2026 (due) | Crime and Policing Act 2026, ss 197-198 | New test for sending an investigation to the Director of Public Prosecutions (a realistic prospect of conviction, with regard to the Code for Crown Prosecutors) and a route to send it before the investigation ends. |
Most of these changes do not apply to allegations that came to the force's attention before they came into force. For example, the 2026 suspension rules and the new use of force wording do not apply to a "pre-commencement allegation" (SI 2026/653, regulation 27; SI 2026/597, regulation 3), and the 2024 panel changes did not apply where the officer had already been given notice of referral before 7 May 2024. The dismissal presumption applied from 28 May 2025 subject to the transitional rules in SI 2025/558. Ask your representative which version your case is being run under.
Who can be investigated
- Serving officers of every rank. The regulations apply to any "police officer", defined as a member of a police force or a special constable (regulation 2(1)). The appropriate authority is the chief officer, except where the officer concerned is the chief officer, when it is the police and crime commissioner (or equivalent). Officers above chief superintendent are "senior officers" and have different panels.
- Special constables. Covered in the same way. A misconduct meeting for a special can be conducted by a sergeant or above, a senior HR professional or a more senior member of staff (regulation 28(3)(b)).
- Former officers. For alleged gross misconduct only, where the allegation reached the force (or the IOPC or the commissioner) before the officer left (condition A), or within 12 months after (condition B), or later where the IOPC Director General decides proceedings would be reasonable and proportionate (condition C) (regulation 4(2) to (5)). It does not apply to people who left before 15 December 2017. Since 28 May 2025 a former officer's case goes to an accelerated hearing unless the force decides a full hearing is needed or the officer asks for one within 10 working days (Schedule 1, regulation 21D). The only disciplinary outcome is a finding that the person would have been dismissed.
- People who resign or retire during an investigation. The force must report them to the College of Policing for the police advisory list if they leave after a relevant allegation comes to light but before proceedings are concluded (Police Act 1996, section 88I). See resigning before a hearing.
- Student and probationer constables. Covered by the Conduct Regulations like anyone else. Separately, a chief officer can dispense with a probationer's services under regulation 13 of the Police Regulations 2003, which is a different procedure (see our regulation 13 guide).
- Police staff and volunteers. Not covered by the Conduct Regulations. See police staff below.
The misconduct process, step by step
This is the route for an internal conduct matter under Parts 3 to 5 of the Conduct Regulations. Complaint cases and IOPC cases follow parallel steps under the Complaints and Misconduct Regulations until the case to answer stage, then join the same process.
- The allegation arrives and is assessed. The appropriate authority decides whether the conduct, if proved, would be misconduct, gross misconduct or neither: the "severity assessment" (regulation 14). If neither, it decides between RPRP, the vetting procedure, the performance procedure or no further action, after consulting your line manager, and tells you in writing.
- Suspension or redeployment is considered. The force must consider whether moving you to other duties or another location is an appropriate alternative (regulation 11(5)). See pay and suspension.
- An investigator is appointed and you get a written notice. The notice under regulation 17 must say what conduct is alleged and which standards it is said to breach, who is investigating, the result of the severity assessment and whether proceedings would likely be a meeting or a hearing, that dismissal would put your name on the barred list, your right to advice and to a police friend, and a warning that failing to mention something later relied on may harm your case. It can be delayed if giving it would prejudice an investigation, including a criminal one.
- You can respond. Within 10 working days of the terms of reference you can give the investigator a written or oral statement, mitigation and documents, including suggested lines of enquiry and witnesses (regulation 18). The investigator must consider them.
- Interview. You must attend if required. The date is agreed where practicable, and your police friend can attend but cannot answer questions for you (regulation 20).
- The investigator reports. The report summarises the evidence and gives the investigator's opinion on whether there is a case to answer (regulation 21). If the investigator thinks the special conditions for an accelerated hearing are met, they can report early.
- Case to answer decision. The appropriate authority decides whether there is a case to answer for misconduct or gross misconduct, whether to bring proceedings and in what form (regulation 23). If not, it can still send the matter to RPRP, vetting or performance procedures, and must give you the relevant parts of the report.
- Referral and your written response. You get a notice of referral with the report and any material that might undermine or assist the case (regulation 30), then 15 working days to say whether you accept the allegation, set out what you dispute and any points of law, and provide your documents (regulation 31).
- Meeting or hearing. A misconduct meeting for misconduct, a misconduct hearing for gross misconduct and certain repeat cases, or an accelerated hearing where the special conditions are met. The differences are explained in meeting vs hearing.
- Finding and outcome. The panel decides on the balance of probabilities. If misconduct or gross misconduct is found, it must impose disciplinary action (regulation 42(1)). If neither is found, it refers the matter to RPRP or takes no further action.
- Report, publication and appeal. A written report follows within 5 working days, and hearing reports are normally published on the force website for at least 28 days (regulation 43). You can appeal a meeting outcome internally or a hearing outcome to the Police Appeals Tribunal.
Proceedings must go ahead without delay, but no misconduct meeting or hearing can take place while the appropriate authority considers it would prejudice criminal proceedings (regulation 10). The investigation itself can continue. When the criminal case ends, whatever the verdict, the force makes a fresh decision on proceedings (regulation 23(3)). See the arrest and criminal investigation guide.
Time limits in the regulations
There is no overall deadline for finishing a misconduct case. The regulations set limits for individual steps, most of which can be extended, and some that apply to you. Working days exclude weekends, Christmas Day, Good Friday and bank holidays in England and Wales. Since 28 May 2025 a notice emailed before 4.30pm on a working day counts as given that day (regulation 9(3)).
| Step | Time limit | Where it comes from |
|---|---|---|
| Terms of reference after the notice of investigation | Same time as the notice where practicable, otherwise within 5 working days | Reg 17(3) |
| Progress updates during the investigation | At least every 4 weeks | Reg 17(7) |
| Your written statement and documents to the investigator | Within 10 working days of the terms of reference (investigator can extend) | Reg 18 |
| Interview date if you or your police friend cannot make the one set | You can propose a reasonable alternative within 5 working days | Reg 20(4)-(5) |
| Investigation still running | Report to the local policing body at 12 months, then every 6 months | Reg 19 |
| Case to answer decision after the investigator's report | As soon as practicable; if not within 15 working days you must be told why | Reg 23(11) |
| Objecting to the person named to conduct or chair | Within 3 working days of being told the name | Reg 30(4) |
| Your response to the notice of referral | 15 working days (can be extended for exceptional circumstances) | Reg 31(1) |
| Misconduct meeting held | Within 20 working days of your response (extendable in the interests of justice) | Reg 34 |
| Misconduct hearing starts | Within 100 working days of the notice of referral (chair can extend) | Reg 29(2) |
| Accelerated misconduct hearing | Not less than 10 and not more than 15 working days after notice | Reg 52(1) |
| Written outcome report | Within 5 working days of the end (10 if the legally qualified person drafts it) | Reg 43 |
| Appeal after a misconduct meeting | Written notice within 7 working days of receiving the report | Reg 45(3) |
| Appeal to the Police Appeals Tribunal | Notice within 10 working days of first being supplied with the written decision | PAT Rules 2020, rule 9 |
How long investigations actually take, and what delay can mean, is covered in how long misconduct investigations take.
Who decides at each stage
The biggest structural change of recent years is at the hearing. From 2016 until May 2024, hearings were chaired by an independent legally qualified chair. For cases notified from 7 May 2024, the chief officer chairs, or delegates the chair to someone who meets the rules in regulation 2(4B). The legally qualified person stays, but as an adviser.
| Stage | Who decides | Notes |
|---|---|---|
| Recording and severity assessment | The appropriate authority: the chief officer, who can delegate to an inspector or above, or police staff of similar seniority (reg 2(3)). For a chief officer, the police and crime commissioner. | Must consult your line manager before sending a matter to RPRP, vetting or performance procedures (reg 14(3)). |
| Mode of investigation for referred cases | The IOPC Director General: local, directed or independent investigation | Police Reform Act 2002, Sch 3, para 15. See the IOPC guide. |
| Suspension | The appropriate authority. If delegated, a senior officer (above chief superintendent) must authorise whether the suspension condition is met (reg 2(4)). | Where arrest is for a listed offence, a decision not to suspend needs a chief officer (or Met assistant commissioner) (reg 2(4ZA)). |
| Investigation | An investigator appointed by the appropriate authority, who must not work under your management or have a conflict (reg 15) | In IOPC-directed or independent cases the IOPC appoints or designates the investigator. |
| Case to answer and form of proceedings | The appropriate authority (reg 23) | The IOPC can direct proceedings in cases it investigated or directed, and can decide to present the case itself (reg 24). |
| Misconduct meeting | One person at least one rank above you, or a more senior police staff member unless the case substantially involves operational policing (reg 28(3)) | Senior officers: a panel of three. |
| Misconduct hearing | Panel: chief officer or delegate as chair, plus two lay members appointed by the police and crime commissioner (reg 28(4)) | A legally qualified person advises. Its advice must be given to all parties (reg 41(14A)). |
| Accelerated misconduct hearing | The chief officer alone, or a delegate (reg 55(1)) | The delegate cannot be the senior officer who certified the case for the accelerated route (reg 2(4C)). |
| Appeal from a meeting | A person at least one rank above whoever held the meeting (reg 45(4)) | Can confirm or reverse, or deal with you in any way the meeting could have. |
| Police Appeals Tribunal | Three members: a legally qualified chair, a senior officer and a lay person, for officers below senior rank (Police Act 1996, Sch 6, para 2) | Chair can dismiss an appeal with no real prospect of success before a hearing (rule 15). |
You can object to the person named to conduct or chair your proceedings, to panel members and to the legally qualified person, in writing within 3 working days, giving your grounds (regulations 30 and 35). Nobody can be appointed or delegated to if the responsible authority knows of circumstances that give rise, or may reasonably be considered to give rise, to a conflict of interest (regulation 12A).
Pay, suspension and duties while a case runs
Being investigated does not change your pay by itself. What can change it is suspension, a later outcome or a separate criminal case.
- Suspension is with pay. Regulation 11(3) says so in terms. Schedule 2 to the Police Regulations 2003 limits which allowances continue during suspension, and removes pay for any period you are serving a sentence or in custody between conviction and sentence, or absent with your whereabouts unknown.
- The suspension condition. Suspension requires that the investigation may be prejudiced otherwise, or that the public interest requires it, having considered redeployment first (regulation 11(4) and (5)). For allegations that reached the force from 13 July 2026 the force must suspend when that condition is met.
- Arrest and charge. From 13 July 2026, if you are arrested or interviewed under caution for a listed offence (Schedule 3: mainly sexual offences, stalking, forced marriage, FGM, intimate image offences and breach of certain protective orders) or an offence the force assesses as domestic abuse, the public interest requires suspension unless there are exceptional circumstances (regulations 11C and 11E). Charge with a listed offence means automatic or mandatory suspension until the charge ends (regulation 11F).
- Challenging suspension. You or your police friend can make representations within 7 working days of suspension, and at any time circumstances change. The force must review at least every 12 weeks under the new rules (regulation 11A). For older allegations the review interval under the previous regulation 11 was 4 weeks.
- Restricted or adjusted duties. Not in the regulations as a separate status; it is how forces use the redeployment alternative. Which roles, authorisations and overtime you keep is decided locally. See suspension and restricted duties.
- Pay progression. The pay progression standard in Annex F to the Police Regulations depends on an annual PDR, not being in formal stage 1 or 2 unsatisfactory performance or attendance procedures, and required training. A misconduct investigation or warning is not listed as a condition.
In the year to 31 March 2025, the Home Office recorded 923 open officer suspensions at year end and a median suspension length of 273 days, with 62% lasting under a year.
The possible outcomes
If misconduct or gross misconduct is found, disciplinary action must follow: since 28 May 2025 regulation 42(1) says so expressly. If neither is found, the panel refers the matter to RPRP or takes no further action (regulation 42).
| Outcome | Where it can be given | Key rule |
|---|---|---|
| No further action | Meeting or hearing where neither misconduct nor gross misconduct is found | Nothing recorded as a finding. No entry on your personal record according to Home Office guidance. |
| Referral to reflective practice | Meeting or hearing where neither is found (reg 42(1A)), or at the assessment stage | Not disciplinary. Cannot be used to stop a promotion (reg 66(3)). |
| Written warning | Meeting or hearing, for misconduct | Live for 18 months. Not available if a written warning was already live at the severity assessment. |
| Final written warning | Meeting or hearing (misconduct); hearing or accelerated hearing (gross misconduct, exceptional circumstances only) | Live for 2 years; a hearing can extend it up to 5 years. |
| Reduction in rank | Hearing or accelerated hearing only | For misconduct only if a final written warning was live or there were unconnected incidents; for gross misconduct only in exceptional circumstances. |
| Dismissal without notice | Hearing or accelerated hearing only | The expected outcome for proven gross misconduct. Leads to the police barred list. |
| 'Would have been dismissed' | Former officers, gross misconduct only | Leads to the police barred list. |
There is no "dismissal with notice" for misconduct under the 2020 regulations. That outcome existed under the 2012 regulations and still exists in the performance procedure, which is one reason older guidance can confuse. How long warnings last, how panels choose between outcomes and the effect on pay, promotion, vetting and pension are in our sanctions guide.
Police staff: a different system
Police staff are employees rather than holders of the office of constable, so the Conduct Regulations do not apply to them. Their conduct is dealt with under the force's own disciplinary procedure and ordinary employment law, including unfair dismissal rights at an employment tribunal. Home Office guidance (paragraph 5.44) notes that many forces align staff procedures with the officer process as far as practicable, but the detail is local.
Three parts of the officer system do reach staff:
- Public complaints and recordable conduct matters about staff are handled under the Police Reform Act 2002, and staff under investigation under the Complaints and Misconduct Regulations can choose a police friend, including a trade union representative (guidance paragraph 5.46).
- A member of staff dismissed for reasons relating to conduct, efficiency or effectiveness must be reported to the College of Policing for the barred list (Police Act 1996, section 88A(1)(c)).
- Staff who resign during an investigation can be placed on the advisory list (section 88I).
If you are staff, your force's disciplinary policy and your trade union are the starting points. See the police staff hub.
How common it is: the official numbers
The Home Office publishes misconduct statistics for the 43 territorial forces. The latest release we read, published 22 January 2026 and labelled Official Statistics in Development (so figures may be revised), covers cases finalised in the year to 31 March 2025:
- 15,843 misconduct allegations involving officers were finalised, 20% more than the year before.
- 8,031 officers were involved in a misconduct allegation, 5.2% of the officer workforce.
- 31% of allegations had a case to answer.
- 1,687 officers were referred to misconduct proceedings (1.1% of the workforce), and 1,369 of them (81%) were found to have committed misconduct or gross misconduct.
- 695 officers were dismissed or found that they would have been dismissed, 0.4% of the workforce.
- The median time to finalise a case was 210 days overall, 140 days where there was no proceeding and 478 days where there was at least one.
These figures predate the May 2025 dismissal presumption and the 2026 suspension rules. More detail on outcomes is in the sanctions guide.
Common myths
If you have just been told you are under investigation
This is general information, not advice on your case. The steps below come from what the regulations give you, not from any view about what you should decide.
- Contact your Federation representative (or Superintendents' Association or CPOSA) before you respond to anything. The notice must tell you about your right to advice and to a police friend.
- Read the regulation 17 notice closely: the conduct alleged, the standards said to be breached, the severity assessment and whether proceedings would likely be a meeting or a hearing.
- Diary the 10 working day window for your statement and documents under regulation 18, and ask for an extension in writing if you need one.
- Keep records of what you are sent and when, including progress updates, which should arrive at least every 4 weeks.
- Ask whether redeployment has been considered if suspension is being discussed, and note the 7 working day window for representations against suspension.
- Look after your health. Being investigated is stressful, and confidential support is available: see the police mental health support directory.
Your rights at the investigation stage, including interviews and disclosure, are set out in police officer under investigation: your rights, and what the Federation and lawyers can do in representation and legal support.
What we could not verify
- Updated Home Office statutory guidance. GOV.UK still carries version 1.0 from February 2020. We found no revised version reflecting the 2024 to 2026 amendments. Where the guidance and the regulations differ, we have followed the regulations.
- A newer College of Policing outcomes guidance. The College's website blocked our reader, so we used the 2022 edition PDF. We could not confirm whether a newer edition has been issued since the 2025 dismissal presumption.
- Rules for chief officer appeals. Section 204 of the Crime and Policing Act 2026 came into force on 29 September 2026, but the Police Appeals Tribunals Rules 2020 on legislation.gov.uk had not been amended to create that right of appeal when we checked on 30 September 2026.
- Local practice. Restricted duties, promotion eligibility during an investigation and how long records are kept after a warning expires are set by force policy. Ask your force or representative.
Frequently Asked Questions
What is police misconduct?
In England and Wales, misconduct is a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action, meaning at least a written warning (Police (Conduct) Regulations 2020, regulation 2(1)). The ten standards are set out in Schedule 2 to those regulations. Conduct below that line can be handled as practice requiring improvement through the reflective practice review process, which is not disciplinary.
What is the difference between misconduct and gross misconduct?
Gross misconduct is a breach of the Standards of Professional Behaviour so serious that it would justify dismissal. Since 28 May 2025 the regulations also say that conduct which has resulted in a conviction for an indictable-only offence is to be taken as gross misconduct. Gross misconduct can only be decided at a misconduct hearing or an accelerated misconduct hearing, never at a misconduct meeting.
What is the police misconduct process?
In outline: the allegation is recorded and given a severity assessment (regulation 14), an investigator is appointed and serves a written notice (regulations 15 and 17), you can make representations within 10 working days (regulation 18) and may be interviewed, the investigator reports, the appropriate authority decides whether there is a case to answer (regulation 23), and the case goes to a misconduct meeting, a misconduct hearing or an accelerated hearing. Outcomes can be appealed.
Is a complaint the same as misconduct?
No. A complaint is any expression of dissatisfaction with a police force by or on behalf of a member of the public, handled under the Police Reform Act 2002. Only complaints where there is an indication of a criminal offence or behaviour justifying disciplinary proceedings are investigated under 'special procedures' and can lead to misconduct proceedings. The Home Office says that was about 2% of Schedule 3 complaint allegations involving officers in the year to March 2025.
Who decides a police misconduct hearing now?
Since 7 May 2024, a misconduct hearing for an officer up to and including chief superintendent is heard by a panel chaired by the force's chief officer (who can delegate to a senior officer, a former senior officer who left no more than five years earlier, or a senior police staff member unless the case substantially involves operational policing), plus two lay members appointed by the police and crime commissioner. A legally qualified person advises the panel but does not decide.
Are police misconduct hearings held in public?
Misconduct hearings and accelerated misconduct hearings must be in public, subject to the chair's power to exclude people, impose conditions or restrict publication (regulations 39 and 59). Misconduct meetings are held in private. Where the chair restricts a hearing, written reasons must go to the local policing body.
Can I still be investigated if I resign or retire?
Yes, for alleged gross misconduct. The regulations apply to former officers where the allegation came to the force's attention before they left, or within 12 months after they left, or later if the IOPC Director General makes a special determination (regulation 4). The only outcome for a former officer is a finding that they would have been dismissed, which puts them on the police barred list.
Am I paid if I am suspended during a misconduct investigation?
Suspension under the Conduct Regulations must be with pay (regulation 11(3)). Schedule 2 to the Police Regulations 2003 limits allowances during suspension and stops pay for any period you are in custody after conviction or absent with your whereabouts unknown. Overtime you would have worked is not paid because you are not working it.
How long does a police misconduct investigation take?
There is no overall time limit. If an investigation is not finished within 12 months, the force must report the reasons and plans to the local policing body, and again every 6 months (regulation 19). Home Office figures for cases finalised in the year to March 2025 show a median of 130 days for internal conduct matters, 405 days for recordable conduct matters and 428 days for complaints under special procedures.
What standard of proof applies in police misconduct cases?
The civil standard, the balance of probabilities. A panel must not find misconduct or gross misconduct unless it is satisfied on the balance of probabilities or the officer admits it (regulation 41(16)). Home Office statutory guidance describes this as a single, unvarying standard: a more serious allegation does not raise the standard, but calls for careful consideration.
Do police staff go through the same misconduct process?
No. Police staff are not covered by the Police (Conduct) Regulations 2020. They are dealt with under their force's employment disciplinary procedures, although public complaints about staff still fall under the Police Reform Act 2002, and a member of staff dismissed for conduct, efficiency or effectiveness must be reported to the College of Policing for the police barred list.
What changed in police misconduct law in 2026?
From 30 June 2026 the use of force standard was reworded. From 13 July 2026 forces must suspend where the suspension condition is met, arrest for a listed offence (mainly sexual offences, stalking and related offences) or a domestic abuse offence means suspension unless there are exceptional circumstances, and charge with a listed offence means automatic or mandatory suspension. From 21 September 2026 barred people cannot be employed by any law enforcement employer, and from 29 September 2026 the Home Office can make rules letting chief officers appeal to the Police Appeals Tribunal.
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.
- The Police (Conduct) Regulations 2020 (SI 2020/4), latest revised text, legislation.gov.uk — definitions (reg 2), former officers (reg 4), police friend and lawyers (regs 7-8), suspension (regs 11-11H), severity assessment (reg 14), investigation and notices (regs 15-21), referral (reg 23), panels (reg 28), time limits (regs 29-34), public hearings (reg 39), findings and outcomes (regs 41-43), appeals from meetings (reg 45), accelerated hearings (Part 5), RPRP (Part 6), Standards (Sch 2); revised text valid from 13 July 2026 (accessed 30 September 2026)
- The Police (Conduct) (Amendment) Regulations 2024 (SI 2024/521) — chief officer chairs hearings with two lay members and a legally qualified adviser, from 7 May 2024; conflicts of interest (reg 12A); transitional rule for cases already notified (accessed 30 September 2026)
- The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (SI 2025/558) — from 28 May 2025: dismissal presumption for gross misconduct, indictable-only convictions, accelerated hearing presumption for former officers, email service, two-stage performance procedure (accessed 30 September 2026)
- The Police (Conduct) (Amendment) Regulations 2026 (SI 2026/597) — new wording of the use of force standard from 30 June 2026 and its transitional rule (accessed 30 September 2026)
- The Police (Conduct and Vetting etc.) (Amendment) Regulations 2026 (SI 2026/653) — duty to suspend, arrest and charge rules and listed offences from 13 July 2026; vetting review after misconduct proceedings (accessed 30 September 2026)
- Police Reform Act 2002, Schedule 3, paragraph 15 (form of investigation), legislation.gov.uk — IOPC decides whether a referred case is investigated locally, under IOPC direction or by the IOPC (accessed 30 September 2026)
- The Police (Complaints and Misconduct) Regulations 2020 (SI 2020/2), legislation.gov.uk — complaints and conduct matters that must be referred to the IOPC (regs 4 and 7) (accessed 30 September 2026)
- Police Act 1996, Part 4A (police barred list and advisory list), legislation.gov.uk — duty to report dismissals, including police staff (s 88A); advisory list for leavers under investigation (s 88I) (accessed 30 September 2026)
- Crime and Policing Act 2026, sections 197-199 and 204-213, legislation.gov.uk — Police Appeals Tribunal changes in force 29 September 2026; barred persons ban for law enforcement employers from 21 September 2026 (s 205); criminal referral changes from 29 October 2026 (ss 197-198) (accessed 30 September 2026)
- The Police Appeals Tribunals Rules 2020 (SI 2020/1), revised text, legislation.gov.uk — who can appeal, grounds and the 10 working day time limit (rules 4, 6 and 9) (accessed 30 September 2026)
- The Police Regulations 2003, Schedule 2 (effect of disciplinary action on pay and allowances), legislation.gov.uk — pay and allowances during suspension (accessed 30 September 2026)
- Home Office: Conduct, Efficiency and Effectiveness: Statutory Guidance on Professional Standards, Performance and Integrity in Policing (version 1.0, February 2020) — purpose of proceedings, standard of proof (para 9.10), police staff (paras 5.44-5.47); predates the 2024-2026 amendments (accessed 30 September 2026)
- College of Policing: Guidance on outcomes in police misconduct proceedings (2022 edition, PDF) — how panels assess seriousness and choose an outcome; the College's article page returned 403 so we read the PDF directly (accessed 30 September 2026)
- Home Office: Police misconduct, England and Wales: year ending 31 March 2025 (Official Statistics in Development, 22 January 2026) — allegation, proceedings, dismissal, timeliness and suspension figures quoted on this page (accessed 30 September 2026)
- Legally Qualified Persons Handbook, version 4.0, October 2025 (published by Northumbria Police and Crime Commissioner) — background: legally qualified chairs from January 2016, the dismissals review report of 18 September 2023 and its three tranches; a secondary source, used only for that history (accessed 30 September 2026)
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Disclaimer
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.