Arrested or Charged
What Happens Next
An arrest, a voluntary interview or a charge starts two processes at once: the criminal case and a conduct case run by your force. This guide explains how they interact, the suspension rules that changed on 13 July 2026, pay, the standard of proof and what a conviction or acquittal does.
Independent information, not advice · Sources checked 30 September 2026 · England and Wales unless stated
The criminal case runs under PACE like anyone else's, and your force opens a conduct case alongside it. Since 13 July 2026 the force must decide on suspension within set deadlines, suspension is presumed for listed sexual, stalking and domestic abuse offences, and a charge for those offences means suspension. Suspension is on pay. Misconduct can still follow an acquittal or no further action.
Arrest, voluntary interview and release
A police officer who is arrested or interviewed under caution is a suspect like anyone else. Detention, interview and release are governed by the Police and Criminal Evidence Act 1984 (PACE). Section 58 gives a person arrested and held in custody the right to consult a solicitor privately on request. Being a serving officer does not change those rights, and it does not change the investigating officers' duties either.
Some interviews happen without arrest, as a voluntary attendance under section 29 of PACE. The Conduct Regulations treat being "questioned under caution" as a volunteer the same way as an arrest for the new suspension rules (regulation 11C(1)(b)), so a voluntary interview is not a lesser event for the job.
After arrest or interview, the criminal case usually ends in one of four places for now:
- Charge. The decision to charge is made by the police or the Crown Prosecution Service, applying the Code for Crown Prosecutors: a realistic prospect of conviction and a public interest in prosecuting.
- No further action. The criminal investigation ends. The conduct case does not automatically end with it (see below).
- Pre-charge bail. Release with a date to return and, where set, conditions. Under PACE the custody officer must be satisfied bail is necessary and proportionate (section 50A). The initial period is three months (section 47ZB), which an inspector can extend to six months (section 47ZD), a superintendent to nine months (section 47ZDA), and only a magistrates' court beyond that.
- Release under investigation (RUI). Release without bail and without a decision. The 2023 statutory guidance on pre-charge bail says RUI has no legal framework or statutory time limit, should be used only where the pre-conditions for bail are not met and there is little or no risk, and that supervisors should review the investigation at least every 30 days.
The Police, Crime, Sentencing and Courts Act 2022 replaced the old presumption against bail with the necessary and proportionate test and the three, six and nine month authorisation levels above. We read the current text of PACE on legislation.gov.uk on 30 September 2026. We were asked to check a 2025 update to release under investigation guidance and could not find one published; the latest statutory guidance we found is dated 9 June 2023.
Telling your force: what you must report and when
The duty is in the Standards of Professional Behaviour themselves. Under Discreditable Conduct in Schedule 2 to the Police (Conduct) Regulations 2020, "police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice." The same standard applies "whether on or off duty". Not reporting can itself become a conduct issue, separate from whatever the arrest was for.
The College of Policing's Code of Ethics guidance (first published 24 January 2024) is more specific. It lists, for police officers, the measures that could bring discredit and affect vetting, and says officers will report them as soon as reasonably practical, whether in the UK or elsewhere:
The guidance adds that "when we are in doubt as to whether to make such a report, we understand that it is best to seek advice." Your force's own policy sets out who you report to (usually your line manager or professional standards) and whether there is a form or a time limit. We did not find a single national deadline in hours or days.
- If you were arrested by your own force, it already knows, but still make your own report through the channel your policy requires.
- If another force or agency arrested or interviewed you, your force may not know until you tell it.
- Keep a copy of what you reported, when and to whom.
- Speak to a Federation or staff association representative before giving any account of the facts to your force. Reporting that something happened is different from being interviewed about it.
Professional standards and the IOPC
Your force's professional standards department (PSD) will treat the allegation as a conduct matter. Under regulation 14 of the Conduct Regulations the appropriate authority (the chief officer or a delegate) makes a severity assessment: whether the conduct, if proved, would be misconduct, gross misconduct or neither. You should then get a written notice of investigation under regulation 17, including the severity assessment, that a dismissal would put your name on the police barred list and, since 13 July 2026, where relevant, that a later charge for a listed offence would mean automatic suspension. The investigator can delay that notice while giving it might prejudice the investigation, including a criminal one (regulation 17(6)).
Some matters must go to the Independent Office for Police Conduct (IOPC). Paragraph 13 of Schedule 3 to the Police Reform Act 2002 requires referral where a person has died or been seriously injured. Regulation 7 of the Police (Complaints and Misconduct) Regulations 2020 adds conduct that is alleged to be:
- a serious assault (the IOPC's guidance says actual bodily harm or more serious);
- a serious sexual offence;
- serious corruption, including abuse of position for a sexual purpose or to pursue an improper emotional relationship;
- a criminal offence or behaviour liable to lead to disciplinary proceedings that was aggravated by discrimination;
- a "relevant offence": one with a sentence fixed by law, or one for which an adult with no previous convictions could be sentenced to seven years or more;
- conduct of a chief officer or the Deputy Commissioner of the Met, or conduct in the same incident as any of the above.
A mandatory referral must be made without delay and no later than the end of the day after it becomes clear that it must be referred (regulation 7(4)). The IOPC's referrals guidance says that if a force is unsure, it should refer. The IOPC then decides whether to investigate itself, direct the force's investigation, or send it back for the force to handle. Our guide to IOPC investigations covers what each means.
When an investigation report indicates that a criminal offence may have been committed and the other condition in paragraph 24 of Schedule 3 is met, the force (or the IOPC under paragraph 23) notifies the Director of Public Prosecutions. The Crime and Policing Act 2026 will change that test to "sufficient evidence to provide a realistic prospect of conviction" (section 198) and create an accelerated route to the DPP during an investigation (section 197). legislation.gov.uk showed both sections as not yet in force when we checked on 30 September 2026.
Suspension and pay: the rules from 13 July 2026
The biggest recent change for officers under criminal investigation is to suspension. The Police (Conduct and Vetting etc.) (Amendment) Regulations 2026 (SI 2026/653) replaced regulation 11 of the Conduct Regulations with a duty to suspend where the suspension condition is met, and added regulations 11A to 11H. The Home Office's explanatory memorandum says the old regulations did not specify any circumstances in which suspension should be considered and imposed no obligation to suspend, which had led to inconsistency between forces.
| Situation (allegation raised on or after 13 July 2026) | What the regulations require | Deadline for the decision | Review or challenge |
|---|---|---|---|
| Any conduct matter | Suspend if the investigation may be prejudiced or the public interest requires it, after considering temporary redeployment to other duties or another location (reg 11). | No fixed deadline in reg 11 itself. | Representations within 7 working days, or at any time if circumstances change. Force must review within 12 weeks, then at least every 12 weeks (reg 11A). |
| Criminal investigation and the conduct is assessed as gross misconduct if proved | Force must decide whether the suspension condition is met (reg 11B). | Within 3 working days of both conditions being met. | As above (reg 11A). |
| Arrested, or interviewed under caution as a volunteer, for a listed offence | The public interest requires suspension unless there are exceptional circumstances (reg 11C). A decision not to suspend must be authorised by a chief officer (assistant commissioner or above in the Met) and reported to the PCC or equivalent (regs 2(4ZA), 11D). | Within 3 working days of the force becoming aware (8 working days where the chief officer must authorise a decision not to suspend). | As above (reg 11A), with the same presumption applied at each review. |
| Arrested or interviewed for any other offence where the force assesses the conduct as domestic abuse | Treated as if it were a listed offence (reg 11E). | Within 3 working days of the arrest coming to notice or, if later, the domestic abuse assessment. | As above. |
| Charged with a listed offence (or attempt or conspiracy) | Automatic suspension if you had already received a written notice of investigation; otherwise the force must suspend (reg 11F). | By the end of the first working day after charge. | No review is provided; it lasts until the charge is discontinued or you are found not guilty (reg 11F(6)). |
| Charged with any other offence the force assesses as domestic abuse | Mandatory suspension (reg 11G). | By the end of the first working day after charge or assessment. | One-off right to make representations against the domestic abuse assessment within 7 working days (reg 11H). |
The listed offences are in new Schedule 3 to the Conduct Regulations. They include possession of indecent photographs of children, stalking offences under the Protection from Harassment Act 1997, sexual offences in Part 1 of the Sexual Offences Act 2003 and breaches of certain sexual harm orders, forced marriage offences, female genital mutilation offences, disclosing private sexual images, offences under Part 5 of the Serious Crime Act 2015, breach of a stalking protection order, breach of a domestic abuse protection order and threats to disclose private sexual images. Check the full Schedule 3 list for the exact wording.
The new suspension rules do not apply to an allegation that came to the attention of the force, the local policing body or the IOPC before 13 July 2026, or to a linked later allegation while that earlier one is still being handled (SI 2026/653, regulation 27). The earlier version of regulation 11 continues to apply to those cases. The exception is where the IOPC orders a re-investigation or applies Part 2 of the Police Reform Act 2002 to an old case. If your case straddles the date, ask your representative which version the force is using.
Pay while suspended
Regulation 11(3) says suspension "must be with pay", and that applies to automatic and mandatory suspension too (regulations 11F(5) and 11G(6)). Schedule 2 to the Police Regulations 2003 sets the exceptions: a suspended officer is not entitled to pay for any period in prison under a sentence, in custody between conviction and sentence, or absent from duty with whereabouts unknown to the chief officer. It also limits the allowances payable during suspension to the replacement allowance in Schedule 3 or such allowance as the Home Secretary determines. Which of your usual allowances stop is a question for payroll, and we did not verify how each force applies it.
A suspended officer remains a police officer (regulation 11(2)). That matters: the Standards of Professional Behaviour still apply, and so do restrictions on business interests and other work under your force policy.
Our older page on suspension and restricted duties was written before these changes. Rely on this section for the rules from 13 July 2026.
How the criminal case and the misconduct case run together
The starting point is regulation 10(1): proceedings under the Conduct Regulations "must proceed without delay". The criminal case does not freeze the conduct case. What the regulation does is block the final stage while there is a risk to the prosecution:
- Before referring a case to a misconduct meeting, misconduct hearing or accelerated misconduct hearing, the appropriate authority must decide whether that would prejudice any criminal proceedings (regulation 10(2)).
- For any period in which it considers there would be prejudice, no such meeting or hearing may take place (regulation 10(3)).
- Where a witness in the misconduct case is or may be a witness in the criminal case, the force must consult the prosecutor before deciding (regulation 10(4)).
The Home Office statutory guidance (paras 7.81 to 7.83) says the presumption is that misconduct action should be taken before or in parallel with criminal proceedings; where prejudice is identified, the investigation normally continues and the case-to-answer decision is made, and only the referral to a meeting or hearing is held back. The decision should be kept under regular review.
Separately, regulation 40 of the Police (Complaints and Misconduct) Regulations 2020 lets the IOPC or the force suspend an investigation under the Police Reform Act 2002 if continuing would prejudice a criminal investigation or proceedings. The IOPC can direct that it resumes in the public interest.
You may be interviewed twice: once under caution in the criminal investigation and once in the conduct investigation. The conduct notice warns that it may harm your case if you do not mention something you later rely on (regulation 17(1)(h)). Get advice before either interview on how the two interact. Our guide to your rights under investigation covers the conduct interview.
Why the standard of proof matters
A criminal court convicts only if it is sure of guilt. A misconduct panel finds misconduct if it is satisfied on the balance of probabilities, or you admit it (regulation 41(16) of the Conduct Regulations; the same test applies at an accelerated misconduct hearing). That gap is why an acquittal does not guarantee the end of the job-related case.
| Criminal case | Misconduct case | |
|---|---|---|
| Who decides to proceed | Police or CPS, applying the Code for Crown Prosecutors (realistic prospect of conviction and public interest) | The appropriate authority (your chief officer or delegate), after an investigation and a case-to-answer decision |
| Standard of proof | The court must be sure of guilt (often described as beyond reasonable doubt) | Balance of probabilities: more likely than not (Conduct Regs reg 41(16); reg 61 for accelerated hearings) |
| What is being judged | Whether a specific offence was committed | Whether your conduct breached the Standards of Professional Behaviour, and how seriously |
| Possible outcomes | Acquittal, discontinuance or conviction and sentence | No case to answer, reflective practice, written warning, final written warning, reduction in rank, dismissal without notice |
| Effect of the other process | A misconduct finding does not decide guilt | An acquittal is a relevant factor but not a bar (Home Office guidance para 7.89); a conviction for an indictable-only offence is treated as gross misconduct |
No further action, acquittal or conviction: what changes
No further action or discontinuance
The conduct case continues unless the force decides otherwise. There is no rule that ends it. If you were suspended because of a charge for a listed offence, that suspension ends when the charge is discontinued (regulation 11F(6)); any suspension under regulation 11 continues until a review finds the condition no longer met, a no-case-to-answer decision, a decision not to refer, or the end of proceedings (regulation 11(7)).
Acquittal
Home Office guidance (para 7.89) says an acquittal "is a relevant factor which should be taken into account", but that disciplinary proceedings can still be appropriate because they serve "an entirely separate purpose". The listed factors are whether the allegation is in substance the same, whether the acquittal followed a decision on the merits after evidence was heard, whether significant further evidence is available, and whether there are professional conduct issues. Paragraphs 7.93 and 7.94 add that substantial delay caused by the criminal case may make proceeding unfair, taking account of the effect on the officer's health and career.
Conviction
- Gross misconduct. Since 28 May 2025, conduct that has resulted in conviction of an indictable-only offence is taken to be gross misconduct (definition in regulation 2(1), with regulation 2(2A)). Other convictions are assessed on their facts.
- Accelerated misconduct hearing. Where there is sufficient written evidence to establish gross misconduct on the balance of probabilities and it is in the public interest for you to leave without delay, the force can certify the case for an accelerated hearing (regulation 49). After a delay for criminal proceedings, the force must reconsider this once the criminal case ends. See accelerated misconduct hearings.
- Sanction. Where gross misconduct is found, the outcome is dismissal without notice unless there are exceptional circumstances, in which case a final written warning or reduction in rank is possible (regulation 42(3)(b)).
- Barred list. A dismissed officer is reported to the College of Policing and included in the police barred list (Police Act 1996, sections 88A and 88B). For a conduct dismissal, the earliest a person can apply for removal is five years (Barred List Regulations 2017, regulation 7), and the entry may be published for up to five years. From 21 September 2026, law enforcement employers (chief officers, the NCA, British Transport Police, the IOPC, the College of Policing and others listed in section 206) must check each barred list before employing or appointing anyone, and may not employ a barred person (Crime and Policing Act 2026, section 205). See the barred list.
- Vetting. From 13 July 2026, an officer convicted of an offence with a custodial sentence, or convicted or cautioned for a listed offence or an offence involving domestic abuse, is not suitable to hold vetting clearance unless there are exceptional circumstances; for any other conviction or caution, unless there are particular circumstances (Police (Vetting) Regulations 2025, new regulation 5D).
- Pension. Conviction does not automatically remove a police pension. In the 2015 scheme, forfeiture under regulation 211 needs an offence in connection with service and a Home Secretary's forfeiture certificate (or specified official secrets or national security offences with long sentences), and the pension supervising authority decides how much to withhold. See what happens to your pension if dismissed.
Representation and legal costs
In the conduct case, you can choose a police friend: a police officer, police staff member or a person nominated by your staff association, who can advise you, attend interviews and meetings with you and make representations (regulation 7). You have the right to be legally represented by a lawyer of your choice at a misconduct hearing or accelerated misconduct hearing (regulation 8). In the criminal case, you instruct your own criminal solicitor, and the PACE right to free legal advice at the police station applies.
Whether the Police Federation (or the Police Superintendents' Association) funds legal advice depends on your membership and its rules, and may depend on whether the matter arose from your duties. We could not verify current funding criteria, so ask your branch at the start and before you instruct anyone. Our guide to Federation representation and legal support goes into more detail.
Stage by stage: a typical sequence
Every case is different and the order can change, especially where the IOPC is involved. This table shows the usual stages and the fixed time limits we could verify. Where no limit is shown, none is set nationally.
| Stage | What usually happens | Rule or time limit we verified |
|---|---|---|
| Arrest or voluntary interview | Custody or interview under caution with the same PACE rights as anyone else. You should tell your force if it has not been told. | PACE s58 (legal advice). Standards of Professional Behaviour, Discreditable Conduct. |
| Within days | Professional standards records a conduct matter, assesses severity and decides on suspension. Mandatory-criteria cases go to the IOPC. | IOPC referral by the end of the day after it becomes clear the matter must be referred (C&M Regs reg 7(4)). Suspension decision within 3 working days in reg 11B, 11C and 11E cases. |
| Release | Charge, no further action, pre-charge bail or release under investigation. | Bail: 3 months initially; to 6 months by an inspector, 9 months by a superintendent, then a magistrates' court (PACE ss 47ZB to 47ZG). RUI has no statutory time limit. |
| Conduct investigation | Written notice of investigation (unless it would prejudice a criminal investigation), interviews, progress updates. | Progress update at least every 4 weeks once notice is given (Conduct Regs reg 17(7)). |
| Criminal decision | Charge or no further action. A charge for a listed offence triggers suspension. | Reg 11F: by end of the first working day after charge. |
| Case to answer | Force decides whether there is a case to answer and the form of any proceedings. | No meeting or hearing while the force considers it would prejudice criminal proceedings (reg 10(3)). |
| After the criminal case | Force decides whether to proceed and whether an accelerated hearing is appropriate. | Reg 49(3); Home Office guidance paras 7.86 to 7.94. |
| Outcome | Misconduct finding and sanction, or none. Dismissal leads to the barred list. | Appeal to a police appeals tribunal within 10 working days of receiving the decision (PAT Rules 2020, r 9). |
For how long the conduct investigation itself tends to take, see how long misconduct investigations take.
What people often get wrong
What to ask, what to keep, who to contact
- What is the severity assessment, and has the matter been referred to the IOPC?
- Am I suspended or redeployed, under which regulation, and when is the next review?
- Is the suspension under the rules in force from 13 July 2026 or the earlier version?
- Which allowances and authorisations have been stopped, and on what basis?
- Has the force decided that misconduct proceedings would prejudice the criminal case, and when will that be reviewed?
- Who is my welfare contact during the investigation?
- When and how you reported the arrest or interview.
- Every notice you receive, with the date you received it (several time limits run from receipt).
- Bail dates and conditions, or confirmation that you were released under investigation.
- Progress updates from the conduct investigator (due at least every four weeks once notice is given).
- Any representations you make against suspension, and the reply.
Who can advise: your Police Federation or staff association representative; a criminal solicitor for the criminal case; a lawyer experienced in police discipline if you face a hearing; your force's welfare or occupational health team; your GP. For pension questions, your pension administrator.
Looking after yourself during a criminal investigation
Being under investigation, and especially being suspended, can be isolating. Suspension is not a finding against you, and the regulations require it to be reviewed. Support from outside your force is confidential and available whether or not you are at work. The services below are independent of your force's decision making.
Ask your force who your welfare contact is while you are suspended, and whether you can keep access to occupational health or an employee assistance programme. A Federation representative can often help with this too. There is more in our support services directory.
What we could not verify, and how we handled it
- Updated Home Office statutory guidance. The only version on gov.uk is v1.0 of February 2020. The Home Office said in the memorandum to SI 2026/653 that it will update the guidance for the new suspension regime. We use the 2020 guidance only for principles the later amendments did not change, and cite the regulations for everything else.
- 2025 release under investigation guidance. We could not find it. We describe RUI from the June 2023 statutory guidance.
- Federation legal funding rules. Not verified; ask your branch.
- Firearms and driving authorisations. Decided under force policy; the College of Policing site blocked our access, so we give no national rule.
- Which allowances continue during suspension. Schedule 2 limits them but the practice varies; ask payroll.
- A national deadline for reporting an arrest. The Code of Ethics says as soon as reasonably practical; force policy may be more specific.
- Chief officer appeals. Section 204 of the Crime and Policing Act 2026 (fully in force 29 September 2026) lets rules allow a chief officer to appeal to a police appeals tribunal. We found no such rules in the Police Appeals Tribunals Rules 2020 as published on 30 September 2026.
Frequently Asked Questions
What happens when a police officer is arrested?
The criminal process is the same as for anyone else: detention and questioning are governed by the Police and Criminal Evidence Act 1984, including the right to consult a solicitor privately (section 58). Separately, the arrest is a conduct matter for your force. Professional standards will assess how serious the alleged conduct would be if proved, may refer it to the IOPC, and must consider suspension. Since 13 July 2026 there are fixed decision deadlines for some cases.
Is a police officer suspended if arrested?
Not automatically in every case. Under regulation 11 of the Police (Conduct) Regulations 2020, as substituted from 13 July 2026, the force must suspend if the investigation may be prejudiced or the public interest requires it, after considering redeployment instead. If the arrest or interview under caution is for a listed offence (sexual offences, stalking and certain others) or the force assesses the conduct as domestic abuse, suspension is presumed unless there are exceptional circumstances (regulations 11C and 11E).
Is a police officer automatically suspended if charged?
For a listed offence, yes. Regulation 11F provides for automatic or mandatory suspension when an officer is charged with a listed offence (or an attempt or conspiracy to commit one), lasting until the charge is discontinued or the officer is found not guilty. Charge with any other offence the force assesses as domestic abuse also means mandatory suspension, with a one-off right to ask for the domestic abuse assessment to be reviewed (regulations 11G and 11H). For other charges the ordinary suspension test applies.
Do police officers get paid while suspended?
Yes. Regulation 11(3) of the Conduct Regulations says suspension must be with pay. Schedule 2 to the Police Regulations 2003 removes pay for any period in which a suspended officer is serving a prison sentence, is in custody between conviction and sentence, or has absented themselves with whereabouts unknown, and limits the allowances payable during suspension. Ask payroll which allowances you keep.
Can a police officer be sacked if not convicted?
Yes. Misconduct is decided on the balance of probabilities (regulation 41(16) of the Conduct Regulations), not the criminal standard, and Home Office guidance says disciplinary proceedings serve a separate purpose from a prosecution. An acquittal is a relevant factor the force must weigh, but it does not by itself stop misconduct proceedings. No further action on the criminal side does not close the conduct case either.
What happens to my misconduct case if I am found not guilty?
The force must consider whether continuing is a reasonable exercise of its discretion. Home Office guidance (paras 7.88 to 7.94) lists factors: whether the allegation is in substance the same, whether the acquittal was a decision on the merits after evidence was heard, whether significant further evidence is available, and the effect of delay on you. Under regulation 11F, suspension that was imposed because of a listed-offence charge ends when you are found not guilty.
What happens if a police officer is convicted?
Conviction of an indictable-only offence is treated as gross misconduct under the Conduct Regulations (definition in regulation 2, added from 28 May 2025). Where written evidence establishes gross misconduct on the balance of probabilities and it is in the public interest for the officer to leave without delay, the force can use an accelerated misconduct hearing (regulation 49). Where gross misconduct is found, the outcome must be dismissal without notice unless there are exceptional circumstances. Dismissal puts you on the police barred list.
Do I have to tell my force if I am arrested off duty?
Yes. The Discreditable Conduct standard in Schedule 2 to the Conduct Regulations says officers report any action taken against them for a criminal offence, any conditions imposed by a court or the receipt of any penalty notice, and applies on or off duty. The College of Policing Code of Ethics guidance lists arrest, charge, caution, summons and court conditions among the things officers will report as soon as reasonably practical. Your force policy will say who to tell.
Does the IOPC get involved when a police officer is arrested?
Only in some cases. The force must refer a conduct matter to the IOPC if it involves death or serious injury, or falls within the mandatory referral criteria in regulation 7 of the Police (Complaints and Misconduct) Regulations 2020: serious assault, serious sexual offence, serious corruption, offences or behaviour aggravated by discrimination, a relevant offence (broadly, one carrying seven years or more), or conduct of a chief officer. The IOPC then decides how the matter is investigated.
Does the misconduct case wait for the criminal case?
Not by default. Regulation 10 of the Conduct Regulations says proceedings must proceed without delay. The force must decide, before referring you to a misconduct meeting or hearing, whether that would prejudice criminal proceedings, and none may take place while it considers there would be prejudice. Home Office guidance says the investigation normally continues up to the case-to-answer stage in the meantime.
Will I lose my police pension if I am convicted?
Not automatically. Under regulation 211 of the Police Pensions Regulations 2015, forfeiture depends on an offence committed in connection with service for which the Home Secretary issues a forfeiture certificate (or certain Official Secrets and national security offences with long sentences), and the pension supervising authority then decides how much to withhold. The 1987 and 2006 schemes have their own rules. See our separate pension guide.
Who pays for my solicitor if I am arrested?
At the police station, you can ask to consult a solicitor privately (PACE section 58). Beyond that, it depends on whether you are a Federation member, what its legal assistance rules cover for your circumstances, and whether the matter arose on or off duty. We could not verify the current funding rules, so ask your Federation branch or staff association at the start, and read our representation guide.
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 (Conduct) Regulations 2020 (SI 2020/4), latest revised version, legislation.gov.uk — reg 2 (gross misconduct incl. indictable-only conviction), reg 10 (criminal proceedings), regs 11 to 11H (suspension), reg 14, reg 17(1)(ca) and (e), reg 41(16) (balance of probabilities), reg 42 (outcomes), reg 49 (accelerated hearings), Sch 2 (Standards), Sch 3 (listed offences) (accessed 30 September 2026)
- Police (Conduct and Vetting etc.) (Amendment) Regulations 2026 (SI 2026/653), as made — new suspension regime from 13 July 2026; reg 27 transitional rule; new vetting reg 5D (convictions and cautions) (accessed 30 September 2026)
- Explanatory Memorandum to SI 2026/653 — previous rules imposed no obligation to suspend; Home Office statutory guidance still to be updated (accessed 30 September 2026)
- Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (SI 2025/558) — from 28 May 2025: indictable-only conviction is gross misconduct; dismissal on gross misconduct unless exceptional circumstances; transitional rules (accessed 30 September 2026)
- Police and Criminal Evidence Act 1984, ss 47ZB, 47ZD, 47ZDA, 50A and 58 (legislation.gov.uk) — pre-charge bail periods and authorisation levels; necessary and proportionate test; access to legal advice (accessed 30 September 2026)
- Police (Complaints and Misconduct) Regulations 2020 (SI 2020/2), regs 1, 4, 7 and 40 — mandatory referral criteria; 'relevant offence'; referral by end of the following day; suspending an investigation to avoid prejudice (accessed 30 September 2026)
- Police Reform Act 2002, Schedule 3, paragraphs 13 and 24 — duty to refer death or serious injury matters; current test for notifying the DPP (accessed 30 September 2026)
- Police Regulations 2003 (SI 2003/527), Schedule 2 — pay and allowances of suspended officers; no pay while in prison or absent with whereabouts unknown (accessed 30 September 2026)
- Police Act 1996, ss 88A and 88B; Police Barred List and Police Advisory List Regulations 2017 (SI 2017/1135), reg 7 — dismissed officers reported and listed; five-year minimum before a removal application (three years for gross incompetence) (accessed 30 September 2026)
- Police Pensions Regulations 2015 (SI 2015/445), reg 211 — forfeiture certificate and withholding of benefits (accessed 30 September 2026)
- Crime and Policing Act 2026, ss 197, 198, 200, 204 and 205 (legislation.gov.uk) — new criminal-referral tests not yet in force; firearms officer anonymity (in force 29 June 2026); chief officer appeals power; barred persons across law enforcement bodies (accessed 30 September 2026)
- Home Office: Conduct, Efficiency and Effectiveness, Statutory Guidance on Professional Standards, Performance and Integrity in Policing (v1.0, February 2020) — paras 7.81 to 7.94 on criminal proceedings and acquittals; predates the 2025 and 2026 amendments (accessed 30 September 2026)
- College of Policing: Guidance for ethical and professional behaviour in policing (Code of Ethics, first published 24 January 2024) — officers report arrest, charge, caution and court conditions as soon as reasonably practical (read via the College's production mirror; the main site returned 403) (accessed 30 September 2026)
- Home Office / College of Policing: Pre-charge bail statutory guidance (9 June 2023) — difference between bail and release under investigation; 30-day supervisory reviews for RUI (accessed 30 September 2026)
- IOPC Focus, issue 9: Referrals (updated August 2022) — what must be referred; serious assault means actual bodily harm or more serious; if unsure, refer (accessed 30 September 2026)
- Crown Prosecution Service: The Code for Crown Prosecutors — realistic prospect of conviction and public interest stages; courts must be sure of guilt (accessed 30 September 2026)
On this topic elsewhere
More in this guide series
Related rights, pay and welfare
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.