Under Investigation:
Your Rights
Being served with a notice of investigation is a shock, even when you expect it. This guide sets out what the regulations say you must be told, how long you have to respond, who can be with you in interview, how suspension works after the July 2026 changes, and where to get support.
Independent information, not advice · Sources checked 30 September 2026 · England and Wales unless stated
You must get a written notice (a Regulation 17 notice) setting out the allegation, its assessed seriousness and your rights. You then have 10 working days to give a statement and documents, can bring a police friend to any interview, get progress updates every 4 weeks and can challenge any suspension. This is general information, not legal advice: contact your Federation or staff association rep, or a solicitor, straight away.
Being investigated can be isolating, and it is common to feel anxious, angry or unable to sleep. Confidential help is available now, including the 24/7 Oscar Kilo crisis line for people in policing, which states that it does not pass what you say to your force. The numbers are in the Your welfare section below. If you or someone else is in immediate danger, call 999.
The process at a glance
There are two legal routes into a conduct investigation. Matters raised inside the force (by a colleague, a supervisor or intelligence) are usually handled under the Police (Conduct) Regulations 2020. Public complaints and some serious "recordable" conduct matters are handled under Schedule 3 to the Police Reform Act 2002 and the Police (Complaints and Misconduct) Regulations 2020. The steps are almost the same, and Home Office guidance says the investigator should tell you clearly which regime your notice is issued under.
| Stage | What happens | Where the rule is |
|---|---|---|
| Allegation assessed | The appropriate authority (usually Professional Standards for the chief constable) decides whether the conduct, if proved, would be misconduct, gross misconduct or neither. | Conduct Regs reg 14; Complaints Regs reg 16 |
| Notice served | You receive a written notice of investigation, usually with the terms of reference. | Conduct Regs reg 17; Complaints Regs reg 17 |
| Your response | 10 working days to give a statement and documents. Extendable by the investigator. | Conduct Regs reg 18; Complaints Regs reg 20 |
| Interview (if needed) | Date agreed or set; you must attend; police friend can come but cannot answer for you. | Conduct Regs reg 20; Complaints Regs reg 21 |
| Updates | Progress update at least every 4 weeks (Conduct Regs). Letter to the police and crime commissioner if the investigation passes 12 months, copied to you. | Conduct Regs regs 17(7), 19; Complaints Regs reg 13 |
| Report and decision | Investigator reports; the authority (or the IOPC in its own cases) decides whether there is a case to answer and what happens next. | Conduct Regs regs 21, 23; Police Reform Act 2002 Sch 3 paras 23, 24 |
| Outcome | No case to answer, reflective practice, a misconduct meeting, a misconduct hearing or an accelerated hearing. | Conduct Regs regs 23, 49 |
For the whole journey from allegation to outcome, including meetings, hearings and sanctions, see what police misconduct is and how the process works. If the IOPC is investigating rather than your own force, read IOPC investigations explained.
The first 48 hours: a practical checklist
None of this is a legal requirement unless we say so. It is the order of things that most often matters in the first two days, drawn from the regulations and from Police Federation branch advice.
- Read the notice, then stop. Federation branch pages advise members not to answer questions or make any statement, written or verbal, before speaking to a representative. The West Midlands branch says the officer serving the notice should not ask you questions.
- Contact your Federation or staff association representative. Your notice must tell you of your right to advice from your staff association (reg 17(1)(f)). Sussex branch advice is to let the force notify the Federation so it can assign a police friend.
- Note the key dates. Write down when you received the notice and the terms of reference. Your 10 working days for a response run from the first working day after the terms of reference (or the note withholding them) are given to you. Email sent on a working day before 4.30pm counts as given that day (reg 9(3)).
- Check which regime and which level. Is it the Conduct Regulations or the Complaints Regulations? Has it been assessed as misconduct or gross misconduct, and is a meeting or hearing likely?
- Keep your copy and preserve your material. Keep your pocket notebook entries, emails and messages as they are. Do not delete anything that might be relevant.
- Do not contact witnesses about the allegation and do not post about it anywhere, including closed groups.
- If there is a criminal side too, ask straight away for a solicitor. You are entitled to free legal advice for an interview under caution.
- If you are suspended or moved, ask for the reasons in writing and diarise the 7 working days you have to make representations.
- Tell someone you trust how you are doing, and keep the support numbers in the welfare section to hand.
What the Regulation 17 notice must tell you
Under regulation 17(1) of the Police (Conduct) Regulations 2020, the investigator must, as soon as reasonably practicable after being appointed, give you a written notice stating:
- the conduct being investigated and how it is alleged to fall below the Standards of Professional Behaviour;
- that there is to be an investigation, and who the investigator is;
- the result of the severity assessment (misconduct, gross misconduct);
- where relevant, that if you are later charged with a listed offence connected to the conduct you will be automatically suspended (added for allegations from 13 July 2026, reg 17(1)(ca));
- whether any proceedings would likely be a misconduct meeting or a misconduct hearing;
- that if you are dismissed, your name and a description of the conduct will go on the police barred list and may be published for up to 5 years;
- your right to advice from your staff association or any other body, and your right to a police friend;
- the rules on legal representation and your right to respond under regulation 18; and
- the misconduct caution: you do not have to say anything, but it may harm your case if you do not mention, when interviewed or in your written response, something you later rely on.
You should also receive the written terms of reference, either with the notice or within 5 working days after it, or a written note saying they are being withheld and why (reg 17(2)-(3)). If the severity assessment or the terms of reference are later revised, you must be told as soon as practicable (reg 17(4)-(5)). Home Office guidance (paragraph 7.32) says the notice does not need to be reissued just because the severity assessment changes, but must be reissued if the nature or substance of the investigation changes.
The notice, the terms of reference and later updates can be held back for as long as the investigator considers that giving them might prejudice this or another investigation, particularly a criminal one (reg 17(6)). The harm test in regulation 6 can also limit what is included. Home Office guidance says any decision not to serve the notice should be recorded and kept under regular review.
In complaint cases and IOPC cases, the equivalent notice is under regulation 17 of the Police (Complaints and Misconduct) Regulations 2020, served once the severity assessment is done, with the same core content. Older colleagues may still talk about "Reg 9" or "Reg 15" notices: the Police Federation's Wiltshire branch notes these were replaced by the Regulation 17 notice.
The notice can be given to you in person, by email, through your police friend if they have agreed to deliver it, or by another agreed method. Only if none of these is practicable can it be left at or posted to your last known address (reg 9).
Your written response: the 10 working days
Regulation 18 gives you, before the end of 10 working days beginning with the first working day after the terms of reference (or the note withholding them) are given, the right to:
- give the investigator a written or oral statement about any matter under investigation, including mitigating circumstances; and
- provide, yourself or through your police friend, any relevant documents, including suggestions for lines of inquiry or witnesses to be interviewed.
The investigator must consider what you send and record that they received it, and can extend the 10 days (reg 18(2)-(3)). The complaints route has the same 10 working day window in regulation 20 of the Complaints Regulations.
Home Office guidance (paragraphs 7.41 to 7.46) describes this as an essential opportunity to give your account and says mitigation should be raised as early as possible. It also says (paragraph 7.62) that a full and detailed account may in some cases remove the need for a formal interview, with no adverse inference drawn. At a later hearing, a panel can give less weight to mitigating circumstances that were not raised earlier when you could reasonably have mentioned them.
You are not required to respond. But the notice warns that it may harm your case if you do not mention something you later rely on. Whether to give a full account, a short prepared statement or nothing yet is exactly the kind of decision to make with your representative, particularly if a criminal investigation is also running.
Misconduct interviews: notice, disclosure and who can be with you
Not every investigation includes an interview. Home Office guidance (paragraph 7.61) says a written account may be more appropriate and that the absence of an interview does not mean there is less evidence. Where there is one, regulation 20 of the Conduct Regulations (and regulation 21 of the Complaints Regulations) sets the procedure:
- Date and time. The investigator must try to agree it with you. If not agreed, they set it.
- Not before the terms of reference. No interview can take place until you have the terms of reference or the note withholding them.
- Postponement. If you or your police friend cannot make the date set, you can propose a reasonable alternative within 5 working days of it, and the interview must be moved.
- Written notice of the date, time and place.
- Information in advance. The investigator must give you the information they consider appropriate to prepare. Guidance (paragraphs 7.65 to 7.69) says full and open disclosure is best practice unless there is a good reason to withhold, and invites representations about disclosure before the interview.
- You must attend. Guidance says failing to attend may be treated as a further misconduct matter.
- Your police friend may come with you but may not answer questions for you.
- A record. Guidance (paragraphs 7.76 and 7.77) says you should get a recording or written summary, and the chance to check and sign a written summary or note changes you disagree with.
Who can be your police friend
Regulation 7 lets you choose a police officer, a member of police staff, or a person nominated by your staff association, who is not otherwise involved in the matter. A police friend can advise you throughout, make representations to the appropriate authority, accompany you to any interview, meeting or hearing, and represent you at a meeting or hearing unless you choose to be legally represented. A serving police friend is entitled to a reasonable amount of duty time. The IOPC notes that a staff association may choose to nominate a lawyer as a police friend.
The right to be legally represented by a lawyer of your choice applies at a misconduct hearing or an accelerated misconduct hearing (reg 8). The unavailability of a preferred lawyer is not a valid ground for delaying a hearing where another can be found. For what the Federation funds and what you may have to pay for, see Federation representation and legal support.
If you are on certificated sick leave, guidance (paragraph 7.70) says the investigator should find out when you will be fit for interview, recognising you might be unfit for duty but able to be interviewed, or may instead be sent written questions. Clear medical evidence is needed to justify delaying an investigation on health grounds (paragraph 5.43).
Misconduct interview or interview under caution: what is the difference?
If the allegation could also be a crime, you may face two processes about the same facts. They have different rules, and it matters which one you are in.
| Interview under caution (PACE) | Misconduct interview | |
|---|---|---|
| What it is part of | A criminal investigation into whether you committed an offence. | A conduct investigation under the Conduct or Complaints Regulations. |
| The caution | The PACE criminal caution. | The misconduct caution in the regulation 17 notice: you need not say anything, but it may harm your case if you do not mention something you later rely on. |
| Who can be with you | A solicitor. Free and independent legal advice is available, including for voluntary interviews (PACE Code C 3.21A). | A police friend. No separate right to a lawyer at interview; the right to legal representation applies at hearings. |
| Can you be required to attend? | A voluntary interviewee may leave at will unless arrested (Code C 3.21). | Yes: the officer concerned must attend (reg 20(8)). |
| What the answers can be used for | Evidence in criminal proceedings, and they can also be used in the misconduct investigation. | Evidence in misconduct proceedings. Anything said not under caution may be ruled inadmissible in a criminal trial, so guidance urges care. |
| Standard of proof later | Beyond reasonable doubt in court. | Balance of probabilities at a meeting or hearing. |
When both are in play
Home Office guidance (paragraphs 7.72 to 7.74) says that where both criminal and misconduct allegations exist, it must be made clear at the start of an interview which one it is. Two separate interviews can be held, and your criminal interview answers can still be used in the misconduct investigation. Where the facts overlap, good practice is often to begin the misconduct interview straight after the criminal one, give the misconduct caution, and ask whether you adopt your earlier answers or want to add to or amend them. The IOPC says that in that situation the lead investigator may consider letting your legal representative stay for the misconduct interview.
Guidance (paragraph 5.18) adds that you have no legal entitlement to a police friend in a criminal interview, but there are benefits in allowing one where the interview may also be used for misconduct.
The criminal case does not automatically pause the misconduct one. Regulation 10 says 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. The investigation itself usually continues. More on this in what happens if an officer is arrested or criminally investigated.
What not to do while you are under investigation
The Standards of Professional Behaviour in Schedule 2 of the Conduct Regulations continue to apply to you, including while suspended (Home Office guidance paragraph 5.29). These are practical cautions based on those standards and the grounds for suspension. Your representative can tell you how they apply to your case.
If you are a witness in someone else's case, the position is different: the Duties and Responsibilities standard says officers must give appropriate cooperation and participate openly and professionally when identified as a witness.
What can be withheld from you: the harm test
Regulation 6 says information in documents stated to be subject to the harm test must not be supplied to you in so far as the appropriate authority considers preventing disclosure is:
- necessary to prevent premature or inappropriate disclosure of information relevant to, or which may be used in, criminal proceedings;
- necessary in the interests of national security;
- necessary to prevent or detect crime, or to apprehend or prosecute offenders;
- necessary to prevent or detect misconduct by other officers or staff;
- justified because providing it would take disproportionate effort compared with the seriousness of the allegations;
- necessary and proportionate to protect the welfare and safety of an informant or witness; or
- otherwise in the public interest.
The harm test applies to the notice, the terms of reference, the 12-month timeliness report and the investigation report, among other documents. Separately, the notice and terms of reference can be delayed while giving them might prejudice an investigation (reg 17(6)). In complaint cases, a copy of the complaint can be anonymised or withheld if providing it might prejudice a criminal investigation or be contrary to the public interest, and that decision must be kept under regular review (Complaints Regs reg 3).
Guidance (paragraph 7.65) invites representations about disclosure before interview, and your police friend can make representations to the appropriate authority about any aspect of the proceedings (reg 7(2)(c)). Guidance paragraph 5.14 also allows you or your police friend to submit at any stage that there are insufficient grounds or that the correct procedures have not been followed.
Your access to information and records
You are not entitled to the whole file while the investigation is running, but the regulations do give you specific documents at specific points.
| Document | When | Rule |
|---|---|---|
| Terms of reference | With the notice or within 5 working days, unless withheld; if withheld you get a note saying why. | Conduct Regs reg 17(2)-(3); Complaints Regs reg 17(2) |
| Revised severity assessment or terms of reference | As soon as practicable after any change, subject to the harm test and prejudice. | Conduct Regs reg 17(4)-(5) |
| Progress updates | Within 4 weeks of the notice, then every 4 weeks. | Conduct Regs reg 17(7) |
| 12-month timeliness report | Copy of the report to the police and crime commissioner (and the IOPC in complaint cases), subject to the harm test or prejudice. | Conduct Regs reg 19(4); Complaints Regs reg 13(5) |
| Investigation report | If there is no case to answer or no proceedings, a copy of the report or the parts about you, subject to the harm test. | Conduct Regs reg 23(7); Complaints Regs reg 28 |
| Case papers if referred | The documents for the meeting or hearing come with the notice of referral. | Conduct Regs reg 30 |
| Your own personal data | A subject access request to the force under UK GDPR. Organisations usually have one month to respond, and exemptions (including for crime) can limit what you get. | ICO guidance; Data Protection Act 2018 Sch 2 para 2 |
The subject access route is separate from the misconduct process. Schedule 2 paragraph 2 of the Data Protection Act 2018 disapplies access rights to the extent that giving the data would be likely to prejudice the prevention or detection of crime or the prosecution of offenders, and the ICO notes organisations can withhold information about other people and legally privileged material.
Suspension and restricted duties: how they arise and are reviewed
Suspension is not a sanction and is always with pay (reg 11(3)). Home Office guidance says the rate of pay, including allowances, is what you would receive if not suspended, and that you can still take annual leave with permission, which should not be unreasonably withheld. The rules changed on 13 July 2026, and which set applies depends on when the allegation came to attention.
Allegations that came to attention on or after 13 July 2026
- A duty, not a discretion. The force must suspend you if it is satisfied that the effective investigation may be prejudiced unless you are suspended, or that the public interest otherwise requires it. It must first consider temporary redeployment to other duties or another location (reg 11).
- Written reasons. Notice must be in writing with a summary of reasons, or oral and then confirmed in writing within 3 working days.
- Your representations. You or your police friend can make representations within 7 working days of suspension, and at any time if you reasonably believe the circumstances have changed (reg 11A(1)).
- Reviews. The force must review on receiving representations, within 12 weeks of suspension if there has been no review, then at least every 12 weeks and whenever circumstances may have changed. If it continues, it must tell you in writing with reasons within 3 working days (reg 11A).
- Arrest or voluntary interview for a listed offence (the list in Schedule 3 includes sexual offences, stalking, forced marriage, female genital mutilation and some domestic abuse and child protection offences): the force must decide within 3 working days (8 where a chief officer has to authorise a decision not to suspend), and the public interest requires suspension unless there are exceptional circumstances (reg 11C). Other offences where the force assesses the conduct as domestic abuse are treated the same way (reg 11E).
- Charged with a listed offence: automatic suspension if you had already been served a regulation 17 notice; otherwise the force must suspend you by the end of the first working day after the charge. It lasts until the charge is discontinued or you are found not guilty (reg 11F). A charge involving alleged domestic abuse means mandatory suspension, with a one-off right to make representations against the domestic abuse assessment within 7 working days (regs 11G and 11H).
Allegations that came to attention before 13 July 2026
The transitional rule in regulation 27 of SI 2026/653 keeps the previous version of regulation 11 for these cases. Under it, suspension was a power, available only if redeployment had been considered and was not appropriate and the same prejudice or public interest test was met. You could make representations within 7 working days, and reviews had to happen within 4 weeks of suspension and then at least every 4 weeks.
Restricted duties are a management decision to keep you working with limits, which the regulations require the force to consider before suspending. For how both work day to day, see suspension and restricted duties explained. In 2024/25 the median suspension that ended lasted 273 days, according to the Home Office misconduct statistics.
If the investigation started with a complaint from the public
A public complaint is handled under Schedule 3 to the Police Reform Act 2002. Most complaints never become a misconduct investigation: the Home Office statistics say only about 2% of Schedule 3 complaint allegations about officers are investigated under the "special procedures" that can lead to misconduct proceedings. Where yours is one of them:
- Copy of the complaint. When a complaint is recorded, the person complained against should be given a copy, which can be anonymised or withheld if it might prejudice a criminal investigation or proceedings or be against the public interest (Complaints Regs reg 3).
- Severity assessment and notice. The investigator assesses seriousness after consulting the appropriate authority, then serves the regulation 17 notice (Complaints Regs regs 16 and 17). In IOPC-directed or independent investigations, the IOPC makes the severity assessment.
- Same response and interview rights: 10 working days for representations, police friend, and the interview procedure in regulation 21.
- IOPC referral. Serious complaints must be referred to the IOPC, which decides whether and how they are investigated.
- The complainant's role. The complainant must be kept informed of progress and outcomes, may have a right to apply for a review, and can attend a misconduct meeting as an observer (Conduct Regs reg 40). Misconduct hearings must be held in public, subject to exceptions (reg 39).
- Criminal proceedings. The complaint investigation can be suspended if continuing would prejudice a criminal investigation or proceedings (Complaints Regs reg 40).
How long it can take, and what must happen if it drags
Home Office guidance (paragraph 7.53) sets an expectation that most investigations take 6 to 12 months, and longer where complex or linked to criminal investigations. If an investigation is not finished within 12 months of the allegation coming to attention, the force must write to the police and crime commissioner with the reasons, progress, planned steps and an estimated finish date, then every 6 months, and send you a copy subject to the harm test (Conduct Regs reg 19; Complaints Regs reg 13 for complaint cases).
In the year to 31 March 2025, the median misconduct case took 210 days to finalise, and 478 days where the case went to a meeting or hearing. The time limits at each stage, what the data shows and what you can do about delay are in how long police misconduct investigations take.
Resigning or retiring while under investigation
Home Office guidance (paragraphs 5.35 to 5.39) says that since 15 December 2017 officers who are the subject of a misconduct or gross misconduct allegation may give notice to resign or retire. But leaving does not end a gross misconduct case: the Conduct Regulations apply to former officers for gross misconduct allegations (reg 4(2)), and officers who resign or retire during an investigation into gross misconduct are placed on the police advisory list. If proceedings find you would have been dismissed, you go on the barred list.
The guidance also says it is in the public interest for cases that could lead to dismissal to be taken to a conclusion. Separately, the Home Office announced a presumption of accelerated hearings for former officers as part of the rule changes that came into force on 28 May 2025. For the detail, see can I resign before a misconduct hearing and pension after dismissal.
Your welfare
Home Office guidance says chief constables have a duty of care to manage the welfare of officers throughout their careers, including during investigations and misconduct proceedings (paragraph 5.51). It recognises that people under investigation can feel isolated and vulnerable and may disengage from their organisation, social circle and support networks, and says you should be able to contact your line manager, HR, occupational health or a nominated welfare contact in force (paragraph 5.52).
In practice, that means you can ask for a named welfare contact, ask how you will be kept in touch if suspended, and ask for an occupational health referral. Your GP and your Federation or staff association welfare support are also there for you. Oscar Kilo and Federation branches state that what you say to the Oscar Kilo crisis line is not passed to your force, line manager or occupational health.
For a fuller list, including peer support, charities and what each service keeps confidential, see the police mental health support services directory. If long hours of waiting are affecting your sleep or health, the stress leave guide covers sickness absence and pay.
Common myths
Myth
"A notice means they have already decided."
What the rules say
The investigation exists to establish the facts and whether there is a case to answer (reg 16). In 2024/25, 66% of allegations finalised had no case to answer (Home Office statistics).
Myth
"I can bring my solicitor to the misconduct interview."
What the rules say
The regulations give you a police friend at interview. The right to be legally represented applies at hearings. A solicitor is your right in a criminal interview under caution.
Myth
"Saying nothing can't hurt."
What the rules say
The misconduct caution warns that it may harm your case if you later rely on something you did not mention. That does not mean you must speak: it means you should decide with advice.
Myth
"Suspension is reviewed every 28 days."
What the rules say
The old rule was at least every 4 weeks. For allegations from 13 July 2026 it is at least every 12 weeks, plus whenever you make representations or the circumstances may have changed.
Myth
"If I resign, it all goes away."
What the rules say
Gross misconduct cases can continue against former officers, and resigning during such an investigation puts you on the advisory list.
Myth
"The criminal case has to finish first."
What the rules say
Guidance says the presumption is that misconduct action is taken before or in parallel with criminal proceedings. Only the meeting or hearing is held back, and only while it would prejudice the criminal case.
Questions to ask, and who to ask
- Which regulations is this under, Conduct or Complaints?
- Is the IOPC involved, and in what form?
- When will I get the terms of reference?
- Is there a criminal investigation as well?
- What disclosure will I get before interview?
- Who is my welfare contact?
- Should I respond within the 10 days, and how?
- Do I need a solicitor now, and is it funded?
- Should I challenge the severity assessment or suspension?
- What contact with colleagues is safe?
- How does this affect promotion, transfer or leaving?
- Federation branch (constables to chief inspectors), Police Superintendents' Association, or Chief Police Officers' Staff Association, as the staff associations named in the regulations.
- A solicitor, especially if there is a criminal side.
- Occupational health and your GP for health and fitness questions.
What we could not verify
- The Home Office statutory guidance published on GOV.UK is version 1.0 from February 2020. We could not find an updated version reflecting the 2024 to 2026 amendments, so where the guidance and the current regulations differ (for example on suspension reviews), we follow the regulations.
- We could not confirm a single national rule on what contact an officer under investigation may have with witnesses or colleagues. Forces can set conditions, so ask your representative and Professional Standards.
- We did not verify how each force serves notices in practice, how quickly Federation branches assign a police friend, or what legal funding a branch will provide in your case.
- We could not confirm how suspension affects individual allowances, overtime, secondary employment or promotion processes in every force. The regulations say suspension is with pay; details are for your force and representative.
This page explains the rules as published and read on 30 September 2026. It cannot tell you what to do in your case. Speak to your Police Federation or staff association representative, or a solicitor, before responding to a notice or attending an interview.
Frequently Asked Questions
What is a Regulation 17 notice?
It is the written notice an investigator must give you, as soon as reasonably practicable after being appointed, telling you that your conduct is being investigated. Under regulation 17 of the Police (Conduct) Regulations 2020 it must describe the alleged conduct and which standard it may breach, name the investigator, give the severity assessment (misconduct or gross misconduct), say whether proceedings would likely be a meeting or a hearing, explain your right to advice and a police friend, and include the misconduct caution. Complaint cases use the equivalent regulation 17 of the Police (Complaints and Misconduct) Regulations 2020.
How long do I have to respond to a Regulation 17 notice?
Regulation 18 gives you 10 working days, beginning with the first working day after you are given the terms of reference (or a notice explaining why they are being withheld), to give the investigator a written or oral statement and any relevant documents. The investigator can extend the period. Speak to your Federation or staff association representative before you respond.
Do I have to attend a misconduct interview?
Yes. Regulation 20(8) says the officer concerned must attend. The investigator must try to agree a date and time, cannot interview you until you have the terms of reference or a notice about them, and must postpone to a reasonable alternative you propose within 5 working days if you or your police friend cannot make the date set. Home Office guidance says failing to attend may be treated as a further misconduct matter.
Can I have a solicitor at a misconduct interview?
The Conduct Regulations give you a police friend at a misconduct interview, not a separate legal representative. A police friend can be a police officer, a member of police staff, or a person nominated by your staff association, and the IOPC notes a staff association may nominate a lawyer in that role. The right to be legally represented applies at a misconduct hearing or accelerated hearing (regulation 8). In a criminal interview under caution you have the right to free legal advice under PACE.
What is the difference between a misconduct interview and an interview under caution?
An interview under caution is part of a criminal investigation under PACE, where the question is whether you committed an offence and a court applies the criminal standard. A misconduct interview is part of a conduct investigation under the Conduct or Complaints Regulations, where any later panel decides on the balance of probabilities. Home Office guidance says you must be told at the start which one you are in; where both are running, the misconduct interview often follows straight after the criminal one and you may be asked whether you adopt your criminal interview answers.
Can I stay silent in a misconduct interview?
You do not have to say anything, but the notice must warn you that it may harm your case if you do not mention, when interviewed or in your written response, something you later rely on in disciplinary proceedings. Panels can also give less weight to mitigation raised late. Take advice on what to say and when.
Will I be told what the evidence is?
Usually some of it. The investigator must give you whatever information they consider appropriate to prepare for interview, and Home Office guidance describes full and open disclosure as best practice. But information can be withheld under the harm test in regulation 6 (for example to avoid prejudicing criminal proceedings or to protect a witness), and the notice itself can be delayed if it might prejudice an investigation.
Can I be suspended while under investigation?
Yes, with pay. For allegations that came to attention from 13 July 2026, the force must suspend you if it is satisfied that the investigation may be prejudiced or the public interest requires it, after considering redeployment. You can make representations within 7 working days and the suspension must be reviewed at least every 12 weeks. Older cases follow the previous rule, with reviews at least every 4 weeks. A charge for certain listed offences, such as sexual offences and stalking, now leads to automatic or mandatory suspension.
How often should I get updates on the investigation?
Under regulation 17(7) of the Conduct Regulations the investigator must update you on progress within 4 weeks of the notice and then at least every 4 weeks. The IOPC says it updates officers it is investigating at least every 28 days unless another timeframe is agreed. If an investigation passes 12 months, the force must also report to the police and crime commissioner and send you a copy, subject to the harm test.
Can I resign or retire while under investigation?
Home Office guidance says officers facing misconduct or gross misconduct allegations can give notice to resign or retire. But gross misconduct cases can continue against former officers, you may be placed on the police advisory list while the matter is open, and a finding that you would have been dismissed leads to the barred list. Get advice before you give notice.
Can I contact witnesses or colleagues about the investigation?
No rule we found lists every contact that is banned, but contacting witnesses about the evidence risks looking like interference, which is one of the grounds for suspension and could become a separate conduct or criminal matter. Suspended officers can also be given conditions such as limits on access to police premises. Ask your representative what contact is safe, and keep it to welfare and work arrangements.
Is there confidential support for officers under investigation?
Yes. The Oscar Kilo Mental Health Crisis Line is a 24/7 line for people working in policing in England and Wales, and Oscar Kilo and Federation branches state that calls are not passed to your force. The Samaritans and Police Care UK can also help. Home Office guidance says chief constables have a duty of care to officers during investigations.
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 text (legislation.gov.uk) — regs 6 (harm test), 7 (police friend), 8 (legal representation), 9 (service of notices), 10 (criminal proceedings), 11 to 11H (suspension), 14 (severity assessment), 17 (written notices), 18 (response), 19 (timeliness), 20 (interviews), 23 (case to answer), 40 (observers), Schedule 2 (standards) (accessed 30 September 2026)
- Police (Conduct and Vetting etc.) (Amendment) Regulations 2026 (SI 2026/653), made text — new suspension regulations 11 to 11H in force 13 July 2026; transitional rule for older allegations (reg 27) (accessed 30 September 2026)
- Police (Conduct) Regulations 2020, regulation 11 as it stood on 12 July 2026 — previous suspension power and 4-weekly reviews that still apply to older cases (accessed 30 September 2026)
- Police (Complaints and Misconduct) Regulations 2020 (SI 2020/2), latest revised text — reg 3 (copy of complaint), 13 (timeliness), 16 to 21 (special procedure: severity assessment, notice, police friend, representations, interview), 28 (copy of report), 40 (suspension of investigation) (accessed 30 September 2026)
- Police Reform Act 2002, Schedule 3 (legislation.gov.uk) — complaint and conduct matter handling; forms of investigation; special procedure (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) — chapter 5 (police friend, suspension, resignation, welfare, duty of care) and chapter 7 (notices, response, interviews, disclosure, parallel criminal cases, timeliness) (accessed 30 September 2026)
- IOPC: independent investigations, information for police officers, staff and their representatives (updated January 2020) — subject v witness status; police friend in IOPC interviews; updates at least every 28 days (accessed 30 September 2026)
- IOPC: information for police officers and staff — right to a solicitor if interviewed under caution; contact your staff association (accessed 30 September 2026)
- Home Office: PACE Code C 2023 — voluntary interviews under caution: free and independent legal advice, solicitor present, leave at will unless arrested (paras 3.21 to 3.21A) (accessed 30 September 2026)
- Police Federation (Sussex branch): discipline — seek advice before making any statement; Regulation 18 response window (accessed 30 September 2026)
- Police Federation (West Midlands branch): discipline — advice on being served a Regulation 17 notice (accessed 30 September 2026)
- Police Federation (Wiltshire branch): what is a Regulation 17/18 notice — Regulation 17 replaced the older Regulation 9 and 15 notices (accessed 30 September 2026)
- Data Protection Act 2018, Schedule 2, paragraph 2 — crime-related exemption that can limit subject access (accessed 30 September 2026)
- ICO: getting copies of your information (subject access) — right of access; organisations usually have one month to respond; reasons they can refuse part of a request (accessed 30 September 2026)
- Home Office: police misconduct, England and Wales, year ending 31 March 2025 — median time to finalise cases and suspension lengths (accessed 30 September 2026)
- Oscar Kilo, the National Police Wellbeing Service — 24/7 mental health crisis line for people working in policing (details shown in the support box come from our verified support data file) (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.