General Police Duties
Syllabus Notes
General police duties is the widest of the three areas in the NPPF step two legal exam: powers, public order, protest, community protection, information, terrorism, equality, misconduct and road policing. These notes cover three of its core topics in depth: arrest, stop and search and entry; public order; and misconduct and performance. Road policing has its own notes.
Independent information, not advice · Sources checked 4 to 19 October 2026 · England and Wales unless stated
Volume 3 of the Blackstone's Police Manuals: 22 chapters in the 2027 edition, starting with the PACE powers of stop and search, entry, search and seizure, and arrest, and ending with four road policing chapters. Public order and protest, complaints and misconduct, and unsatisfactory performance are all here. In the March 2026 sergeants' paper 49 of the 140 scored questions were General Police Duties, which describes that sitting only. The same chapters apply to the inspectors' exam.
What the General Police Duties area covers
The College's 2027 candidate handbook says the exam tests three areas, crime, evidence and procedure, and general police duties, and draws every question from the 2027 Blackstone's Police Manuals. General Police Duties is Volume 3. All of its chapters apply to both the sergeants' and inspectors' exams. The four road policing chapters at the end (3.19 to 3.22) are part of this area; we cover them in the road policing syllabus notes.
| Chapter | Title | Our notes |
|---|---|---|
| 3.1 | Stop and Search | Stop and search |
| 3.2 | Entry, Search and Seizure | Entry, warrants and seizure |
| 3.3 | Powers of Arrest | Arrest |
| 3.4 | Protection of People Suffering from Mental Disorders | Not covered yet: read the Manual |
| 3.5 | Offences Relating to Land and Premises | Not covered yet: read the Manual |
| 3.6 | Offences and Powers Relating to Alcohol | Not covered yet: read the Manual |
| 3.7 | Protecting Citizens and the Community: Injunctions, Orders and Police Powers | Not covered yet: read the Manual |
| 3.8 | Policing Processions, Assemblies and Protests: Offences and Powers | Processions and assemblies |
| 3.9 | Public Order Offences | Public order offences |
| 3.10 | Offences and Powers Relating to Football Matches | Not covered yet: read the Manual |
| 3.11 | Domestic Violence and Abuse | Not covered yet: read the Manual |
| 3.12 | Hatred, Harassment and Stalking | Not covered yet: read the Manual |
| 3.13 | Offences and Powers Relating to Information and Communications | Not covered yet: read the Manual |
| 3.14 | Offences Against the Administration of Justice and Public Interest | Not covered yet: read the Manual |
| 3.15 | Terrorism and Associated Offences | Not covered yet: read the Manual |
| 3.16 | Diversity, Equality and Inclusion | Not covered yet: read the Manual |
| 3.17 | Complaints and Misconduct | Misconduct and standards |
| 3.18 | Unsatisfactory Performance and Attendance | Unsatisfactory performance |
| 3.19 | Road Policing Definitions and Principles | Road policing notes |
| 3.20 | Key Police Powers Relating to Road Policing | Road policing notes |
| 3.21 | Offences Involving Standards of Driving | Road policing notes |
| 3.22 | Drink, Drugs and Driving | Road policing notes |
In the College's March 2026 sergeants' subject area breakdown, 49 of the 140 scored questions were General Police Duties; in the May 2026 inspectors' breakdown, 55 of the 136 rows listed were. Each breakdown is valid only for its own sitting. Our what comes up in the exam guide has every published breakdown.
Stop and search, entry and arrest are chapters 3.1 to 3.3 here. Detention, identification and interviews are in Volume 2: see the evidence and procedure syllabus notes. Human rights appear in several chapters (Articles 10 and 11 in 3.8, Article 8 in 3.13, Article 14 in 3.16), and we cover them with use of force in the crime syllabus notes.
The exam tests only the law as it appears in the Blackstone's Manuals edition for your sitting, so use these notes to organise what you read there, not to replace it. We did not have the Manuals; each section is built on the statutes, regulations and Codes it cites, read on the date it gives. The worked questions are original practice questions from our checked bank, not real, past or leaked exam questions, and they are not endorsed by the College of Policing or Oxford University Press.
Arrest, stop and search, entry and seizure
Section 24 and 24A arrest, what must be said on arrest, voluntary attendance, stop and search under s.1 PACE and s.23 MDA, section 60, entry without a warrant, search warrants, seizure and retention, and who authorises what.
Arrest, search and seizure at a glance
Stop and search (3.1), entry, search and seizure (3.2) and powers of arrest (3.3) open the General Police Duties Manual, although they are PACE powers. Detention, interviews and identification are in the Evidence and Procedure Manual: see PACE at supervisory level. Statute wording in this section was read on legislation.gov.uk and the Codes on GOV.UK on 4 October 2026.
| Power | Core points |
|---|---|
| Arrest by a constable (s.24) | Two tests: reasonable grounds to suspect an offence, and reasonable grounds to believe arrest is necessary for a s.24(5) reason. Any offence. No authorisation |
| Citizens' arrest (s.24A) | Indictable offences only (not Public Order Act 1986 Parts 3 and 3A); four reasons; not reasonably practicable for a constable to do it instead |
| What must be said (s.28) | That the person is under arrest and the ground, at the time or as soon as practicable; obviousness is no excuse for a constable; Code G also requires the reason arrest is necessary and a caution |
| Voluntary attendance (s.29) | Free to leave at will unless arrested; told at once if prevented from leaving. Arrest on arrival only on new information (Code G Note 2G) |
| Taking to the station (s.30) | As soon as practicable; delay only for investigations reasonable to carry out immediately, with reasons recorded on first arrival; street bail needs a custody officer's authority |
| Stop and search: s.1 PACE, s.23 MDA | Reasonable grounds to suspect (genuine and objective). No authorisation. No power to detain to find grounds. Code A explains, records and gives a copy |
| Section 60 CJPOA | Inspector or above authorises in writing for up to 24 hours; superintendent extends by 24 hours; constable in uniform searches with no suspicion |
| Entry to arrest (s.17) | Reasonable grounds for believing the person is on the premises; list of purposes; search limited to what is reasonably required |
| Entry after arrest (ss.18 and 32) | s.18: suspecting evidence, premises occupied or controlled, inspector's written authority. s.32: believing evidence, premises where arrested or immediately before, arrest offence only |
| Warrants (s.8) | Justice of the peace; indictable offence; three months; one entry unless multiple entries are specified; inspector's written authority for repeat entries and, under Code B, to apply |
| Seizure (ss.19 and 22) | s.19 seizure by a constable lawfully on premises, never legally privileged items; s.22 retention only as long as necessary, no retention if a copy would do |
Read each section, then try the worked questions without looking at the answers. Pay most attention to the traps table and to the ranks and authorities table. Section and paragraph numbers are there so you can find the point in the Manuals, which are the syllabus.
Arrest by a constable: section 24 PACE
A constable may arrest without a warrant for any offence, but only if two things are true. Code G para 2.1 puts it plainly: a lawful arrest requires a person's involvement or suspected involvement in an offence and reasonable grounds for believing that the arrest is necessary. It can never be necessary to arrest a person unless there are reasonable grounds to suspect them of an offence.
Limb one: the offence
| Situation | Section | Threshold |
|---|---|---|
| to be about to commit, or in the act of committing | s.24(1)(a) and (b) | No grounds test: the person actually is |
| reasonably suspected to be about to commit, or committing | s.24(1)(c) and (d) | Reasonable grounds for suspecting |
| offence suspected to have been committed, person suspected of it | s.24(2) | Reasonable grounds for suspecting the offence and the person |
| offence has been committed, person guilty or suspected of it | s.24(3) | Guilty, or reasonable grounds for suspecting guilt |
The suspicion must be reasonable and objective. Code G para 2.3A requires some reasonable, objective grounds based on known facts and information relevant to the likelihood that the offence has been committed and that the person committed it. Note 2A reminds officers that facts which point to innocence, such as a self-defence account, may dispel suspicion.
Limb two: necessity (s.24(4) and (5))
The power is exercisable only if the constable has reasonable grounds for believing that, for one of the reasons in s.24(5), arrest is necessary. Code G para 2.7 says the criteria are exhaustive. The officer must be satisfied at least one applies (para 2.5), and deciding whether to arrest, grant street bail after arrest, report for summons, issue a penalty notice or take other action remains an operational decision (para 2.4).
| Reason | Section | Notes from the Act and Code G |
|---|---|---|
| Name cannot be ascertained or is doubted | s.24(5)(a) | The constable does not know and cannot readily ascertain the name, or has reasonable grounds to doubt a name given (Code G para 2.9(a): hesitation can ground doubt; consider mobile fingerprinting where available) |
| Address | s.24(5)(b) | Correspondingly for the address; for summons purposes an address must be one where the person will be long enough to be served (Code G para 2.9(b)) |
| Prevent injury, injury to self or others | s.24(5)(c)(i) and (ii) | Causing physical injury to themselves or another, or suffering physical injury |
| Prevent loss or damage to property | s.24(5)(c)(iii) | Code G gives the example of a persistent property offender likely to continue |
| Prevent an offence against public decency | s.24(5)(c)(iv) and (6) | Only where members of the public going about their normal business cannot reasonably be expected to avoid the person |
| Prevent unlawful obstruction of the highway | s.24(5)(c)(v) | Code G suggests a warning first where practicable (Note 2D) |
| Protect a child or other vulnerable person | s.24(5)(d) | From the person in question |
| Prompt and effective investigation | s.24(5)(e) | Wide in scope: includes the need to interview where voluntary attendance is not practicable, preserving evidence, searching premises, detention beyond 24 hours (Code G para 2.9(e)) |
| Prevent hindrance of prosecution by disappearance | s.24(5)(f) | Unlikely to attend court, or no satisfactory address for service |
Code G Note 2C says the officer is not required to be satisfied that there is no viable alternative, but should consider arrest to be the practical, sensible and proportionate option at the time. Notes 2H and 2I add that the criteria do not permit arrest solely to take and check fingerprints, samples or photographs routinely, or solely because the offence is a drug-testing trigger offence.
Arrest is a significant interference with the right to liberty under Article 5 ECHR (Code G para 1.2). For the human-rights and use-of-force side, see our use of force and human rights revision page.
Citizens' arrest: section 24A PACE
A person other than a constable may arrest without warrant under s.24A, but the power is much narrower than a constable's. The table compares the two.
| Feature | Constable, s.24 | Citizen, s.24A |
|---|---|---|
| Offences | Any offence | Indictable offences only (includes either-way). Not Public Order Act 1986 Part 3 or 3A |
| Offence status | Suspected is enough for (1) to (3) as listed | s.24A(1): in the act, or reasonable grounds for suspecting in the act. s.24A(2): applies only where an indictable offence has been committed |
| Necessity reasons | Six groups in s.24(5) | Four only: injury to self or others, suffering injury, loss or damage to property, making off before a constable can assume responsibility |
| Name and address | A reason to arrest | Not a reason available to a citizen |
| Constable available? | Not relevant | Must appear not reasonably practicable for a constable to make the arrest instead (s.24A(3)(b)) |
Two points are easy to miss. First, s.24A(2) only applies where an indictable offence has been committed: someone who arrests a person they believe is guilty of an offence that turns out never to have happened cannot rely on that limb. Second, a constable who takes over a citizen's arrest must take the person to a police station as soon as practicable under s.30(1)(b) and (1A), and the s.28 information duties still apply.
What must be said on arrest: section 28 and Code G
Section 28 is short and heavily examined. An arrest is not lawful unless the person is informed that they are under arrest as soon as practicable (s.28(1)), and not lawful unless they are informed of the ground for the arrest at the time or as soon as practicable afterwards (s.28(3)). For a constable, both duties apply regardless of whether the fact or the ground is obvious (s.28(2) and (4)). The only statutory exception is s.28(5): it was not reasonably practicable to inform the person because they escaped from arrest before the information could be given.
Code G adds more than the statute. The arrested person must be told they are arrested and the relevant circumstances in relation to both limbs, which means the suspected offence and the reason arrest is necessary (paras 2.2, 2.9, 3.3, Note 3). The custody officer must be told these matters on arrival. A caution must be given on arrest unless impracticable by reason of the person's condition or behaviour, or already given immediately before arrest (para 3.4), in these terms (para 3.5):
"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence."
Minor deviations from the words are not a breach if the sense is preserved (para 3.6). The arresting officer must record the nature and circumstances of the offence, the reason or reasons arrest was necessary, the caution and anything the person said (para 4.1). When explaining why a criterion applies, it is not necessary to disclose details that might undermine the investigation (Note 3).
Detention and questioning after arrest are on our PACE Code C revision page.
Voluntary attendance, taking to the station and street bail
Not every suspect needs to be arrested to be interviewed. Code G Note 2F requires an officer who believes an interview is necessary to consider whether voluntary attendance is a practicable alternative. If it is, arrest is not necessary for that purpose. When arranging attendance, the officer should explain that arrest will become necessary if the person does not agree to attend at a suitable time, fails to attend, or fails to remain for the interview to be completed.
| Point | Authority | Rule |
|---|---|---|
| Voluntary attendance | s.29 | Entitled to leave at will unless arrested; informed at once if prevented from leaving |
| Arrest on arrival for a voluntary interview | Code G Note 2G | Only if new information after the arrangement means voluntary attendance ceased to be practicable and it was not reasonably practicable to arrest before; the possibility of leaving mid-interview is not a valid reason |
| Taking to a police station | s.30(1A) | As soon as practicable after arrest elsewhere than at a police station |
| Release without bail before the station | s.30(7) and (7A) | Must release if, before reaching the station, a constable is satisfied there are no grounds for keeping the person under arrest; record the release |
| Delay | s.30(10), (10A), (11) | Allowed if the person's presence elsewhere is necessary for investigations reasonable to carry out immediately; reasons recorded when the person first arrives at the station (or is released on street bail) |
| Street bail | s.30A(1A), (3A), (3B), s.30B | Constable satisfied bail is necessary and proportionate; a custody officer authorises; no surety, security or bail hostel requirement; the bail end date is three months from the day after arrest |
An officer cannot arrest someone on arrival for a voluntary interview just because they might walk out halfway. If they do decide to leave part way through, the police can consider at that point whether arrest has become necessary. Arrest on arrival needs new information since the arrangement, and it must not have been reasonably practicable to arrest the person before they attended.
Street bail was changed by the Police, Crime, Sentencing and Courts Act 2022. As shown on legislation.gov.uk, the constable must be satisfied that bail is necessary and proportionate, a custody officer must authorise it, and the person must be required to attend at a time on the bail end date, which is the last day of the period of three months beginning with the day after the arrest (ss.30A(1A) and 30B). A constable may arrest without warrant on reasonable grounds for suspecting a street bail condition has been broken (s.30D(2A)); the person must then be taken to a police station as soon as practicable. The 2022 Act changed the street bail rules from 28 October 2022, so older revision material may describe the earlier position; check the date of anything you rely on.
Stop and search: section 1 PACE, section 23 MDA and Code A
Code A para 2.2 sets the legal test for powers such as s.1 PACE (stolen or prohibited articles) and s.23 Misuse of Drugs Act 1971 (controlled drugs). It has two parts. First, the officer must have formed a genuine suspicion in their own mind that they will find the object. Second, the suspicion must be reasonable, meaning an objective basis in facts, information or intelligence that would lead a reasonable person to the same conclusion. Officers must be able to explain the basis by reference to information or intelligence about, or some specific behaviour by, the person concerned.
| Object of search | Power | Threshold | Authority and limits |
|---|---|---|---|
| Stolen or prohibited articles (and bladed or pointed articles, corrosive substances, certain fireworks) | s.1 PACE | Reasonable grounds for suspecting | None. Public places and places with ready access that are not dwellings (s.1(1)) |
| Controlled drugs | s.23(2) Misuse of Drugs Act 1971 | Reasonable grounds to suspect possession of a controlled drug | None. Can detain to search and stop vehicles |
| Weapons or dangerous instruments in a locality | s.60 CJPOA 1994 | No suspicion needed for the search once authorised | Inspector or above, in writing, up to 24 hours; superintendent extends 24 hours |
| Protest-related prohibited objects | s.11 Public Order Act 2023 | No suspicion needed once authorised | Inspector or above who reasonably believes the s.11(1) conditions and the s.11(4) necessity points; up to 24 hours (s.11(3)); superintendent or above may extend for a further period not exceeding 24 hours (s.11(5)) |
| Removal of items worn to conceal identity | s.60AA CJPOA 1994 | Constable reasonably believes it is worn wholly or mainly to conceal identity | A s.60 authorisation in force, or a separate s.60AA(3) authorisation by an inspector or above, up to 24 hours |
Section 1 PACE in detail
- Where. Places to which the public have access, and other places to which people have ready access that are not dwellings (s.1(1)).
- Gardens and yards. In a garden or yard occupied with and used for a dwelling, the constable must have reasonable grounds for believing both that the person does not live there and that they are not there with the permission of someone who does (s.1(4)). The same rule applies to vehicles (s.1(5)). That is a belief test sitting on top of the suspicion test.
- Prohibited articles. An offensive weapon, or an article made or adapted for, or intended for, use in the offences in s.1(8) (burglary, theft, taking a conveyance, fraud, criminal damage and, since the Public Order Act 2023, the protest-related offences listed there).
- Seizure. A constable who finds an article they reasonably suspect to be stolen or prohibited (or one of the other article types the power covers) may seize it (s.1(6)).
- Detention. The constable may detain the person or vehicle for the search, for such time as is reasonably required, at or near the place of first detention (s.2(8)). A search need not be carried out if it appears subsequently that none is required or it is impracticable (s.2(1)).
- Not in uniform. A constable not in uniform cannot stop a vehicle under these powers (s.2(9)(b)).
What Code A adds to the statute
- Innocent possession. The power depends on the likelihood the person has the item, not on suspecting them of an offence (para 2.2A).
- Personal factors. Physical appearance, including protected characteristics, or a previous conviction, cannot be used alone or combined with other factors as the reason for a stop, unless there is a description of a suspect (para 2.2B).
- Questions before the search. The officer may question a detained person, but reasonable grounds cannot be supplied retrospectively by questioning or by a refusal to answer (para 2.9). If grounds cease, no search may take place and the person is free to leave and must be told so (para 2.10).
- No stopping to find grounds. There is no power to stop or detain a person to find grounds for a search (para 2.11), although an officer can speak to someone without detaining them (Note 1).
- Conduct. Courtesy and consideration; co-operation sought first; force only as a last resort; minimum time; search at or near the place of detention (paras 3.1 to 3.4).
- Clothing. Only an outer coat, jacket or gloves in public (para 3.5 and s.2(9)(a)). A T-shirt or more thorough search must be out of public view, such as a police van or nearby station, and by an officer of the same sex (para 3.6). Intimate parts only at a nearby police station or other nearby place out of public view, not a police vehicle (para 3.7).
- Uniform. Searches under the s.60-type powers in para 2.1(b) may be undertaken only by a constable in uniform (para 3.9).
- Records. A record is made unless exceptional circumstances make it wholly impracticable (para 4.1), including self-defined and officer-perceived ethnicity (para 4.3(a); s.3(6)(a)(v)). The person searched is entitled to a copy if they ask within three months (s.3(7), (9)). No name, address or date of birth is required (para 4.3A).
| Situation | What must be given | Authority |
|---|---|---|
| Stop and search (not in uniform) | Documentary evidence that you are a constable | s.2(2)(i); Code A 3.8 |
| Stop and search (always) | That the person is detained for a search; your name and police station (or a warrant or other identification number where giving your name might put you in danger); the legal power; the object of the search; the grounds (where suspicion is needed); the right to a copy of the record within 3 months | ss.2(3) and 3(7), (9); Code A 3.8 |
| Section 60 search | As above, but explain the nature of the power, the authorisation and the fact that it has been given instead of grounds for suspicion | Code A 3.8(d)(ii) |
| Arrest | That the person is under arrest; the ground (the offence); the reason arrest is necessary; the caution unless impracticable or already given | s.28; Code G 2.2, 2.9, 3.3, 3.4 and Note 3 |
| Arrest by a citizen, handed to a constable | Same s.28 duties apply; the constable who takes custody takes the person to a station as soon as practicable under s.30(1)(b) and (1A) | s.28; s.30(1)(b) and (1A) |
| Executing a warrant with the occupier present | Identify yourself, show documentary evidence if not in uniform, produce the warrant and give a copy | s.16(5); Code B 6.5 and 6.7 (notice of powers and rights) |
| Search with consent | State the purpose and extent; the person need not consent, may withdraw consent at any time, and anything seized may be produced in evidence | Code B 5.2 |
The offences behind a drug search, such as possession and possession with intent, are on our misuse of drugs and firearms revision page.
Section 60 and other suspicionless powers: the authorisation traps
Section 60 Criminal Justice and Public Order Act 1994 is the most examined suspicionless power because it has ranks, times and a two-level threshold. Break it into four questions.
- Who can authorise? An officer of inspector rank or above who reasonably believes one of three things: that incidents involving serious violence may take place in a locality in the force area and an authorisation is expedient to prevent them; that an incident of serious violence has taken place, a dangerous instrument or offensive weapon used in it is being carried in a locality, and an authorisation is expedient to find it; or that persons are carrying dangerous instruments or offensive weapons without good reason in a locality (s.60(1)). Code A Note 11 says the belief must have an objective basis, such as intelligence or relevant information.
- For how long, and in what form? A specified period not exceeding 24 hours (s.60(1)); in writing, signed, specifying the grounds, locality and period (s.60(9)). Oral authorisation is permitted only for the incident-has-happened ground where writing is not practicable, and must be recorded in writing as soon as practicable (s.60(9ZA); Code A para 2.13).
- Who can extend and who must be told? A superintendent or above may direct that it continues for a further 24 hours if it appears expedient, having regard to offences committed or reasonably suspected to have been committed in connection with the activity authorised (s.60(3)), in writing unless that is not practicable, when it must be recorded in writing as soon as practicable afterwards (Code A para 2.14). An inspector who gives an authorisation must cause a superintendent or above to be informed as soon as practicable (s.60(3A)). Code A para 2.14C also expects the inspector to communicate the decision to the public as soon as possible where it is operationally beneficial.
- What can the constable do? A constable in uniform may stop any pedestrian and search them, or anything carried, for offensive weapons or dangerous instruments, and stop any vehicle and search the vehicle, driver and passengers, whether or not there are grounds for suspicion (s.60(4) and (5)). They may seize a dangerous instrument or an article they reasonably suspect to be an offensive weapon (s.60(6)). Failure to stop when required is a summary offence punishable by up to one month's imprisonment or a level 3 fine, or both (s.60(8)).
The searching officer needs no suspicion about the person or vehicle. The authorising officer needs a reasonable belief. An answer option that moves the suspicion test to the constable, or that lets a sergeant authorise, is wrong. The selection of people to stop should still reflect an objective assessment linked to the purpose of the authorisation (Code A para 2.14A), and the powers must not be used for reasons unconnected with it.
Other points the Code expects: the person searched or the driver of a vehicle stopped can ask within 12 months for a written statement that the stop or search was under s.60 (s.60(10), (10A); Code A para 2.14B), and the search record and the pre-search explanation must cover the nature of the power, the authorisation and the fact that it has been given (Code A paras 3.8(d)(ii) and 4.3).
Two related powers share the pattern. Section 60AA lets a constable in uniform require removal of an item worn wholly or mainly to conceal identity, and seize an item intended to be worn for that purpose, where a s.60 authorisation is in force or a separate s.60AA(3) authorisation has been given by an inspector or above for up to 24 hours. Section 11 Public Order Act 2023 gives an inspector or above a similar suspicionless authorisation, up to 24 hours, for protest-related prohibited objects where they reasonably believe the s.11(1) conditions are met and the s.11(4) necessity points apply. A superintendent or above may direct that it continues for a further period not exceeding 24 hours (s.11(5)), and an inspector who gives one must cause a superintendent or above to be informed as soon as practicable (s.12(1)).
Entry without a warrant: sections 17, 18, 32 and the common law
Section 17 lets a constable enter and search premises for specified purposes. Section 17(5) abolishes all common law powers of entry without warrant, and s.17(6) saves only the power to deal with or prevent a breach of the peace. The section creates no power of arrest (Code B para 4.1).
| Purpose | Section | Notes |
|---|---|---|
| Executing an arrest warrant or committal warrant | s.17(1)(a) | Any constable |
| Arresting for an indictable offence | s.17(1)(b) | Any constable; reasonable grounds for believing the person is on the premises |
| Arresting for listed offences, mostly summary (including some Public Order Act 1936 and 1986 offences, Criminal Law Act 1977 ss.6 to 8 and 10, Road Traffic Act 1988 ss.4 and 163, Transport and Works Act 1992 s.27, animal welfare and squatting offences) | s.17(1)(c) | Entry for s.17(1)(c)(ii), (iv) and (vi) offences only by a constable in uniform (s.17(3)) |
| Arrest under s.30D(1) or (2A) or s.46A(1) or (1A) PACE; s.5B(7) or s.7(3) Bail Act 1976; s.97(1) Legal Aid, Sentencing and Punishment of Offenders Act 2012 | s.17(1)(cab) | The bail-related arrest powers; the list is not exhaustive of s.17(1), so read the full section in the Manual |
| Recapturing a person unlawfully at large | s.17(1)(cb) and (d) | (d): any person unlawfully at large whom the constable is pursuing |
| Saving life or limb or preventing serious damage to property | s.17(1)(e) | The only purpose where the 'reasonable grounds for believing the person is on the premises' condition does not apply (s.17(2)) |
Outside saving life or limb or preventing serious damage to property, the power is exercisable only if the constable has reasonable grounds for believing that the person they are seeking is on the premises, and where the premises consist of two or more separate dwellings it is limited to the common parts and any dwelling where the constable has reasonable grounds for believing the person may be (s.17(2)). The search is limited to what is reasonably required for the purpose of the entry (s.17(4)).
After arrest: section 18 against section 32
These two sections look alike and are routinely mixed in exam scenarios. The table separates them.
| Feature | Section 18 | Section 32(2)(b) |
|---|---|---|
| Premises | Occupied or controlled by the arrested person | Where the person was when arrested or immediately before |
| Arrest for | An indictable offence | An indictable offence (for the premises power) |
| Threshold | Reasonable grounds for suspecting evidence is there (s.18(1)) | Reasonable grounds for believing evidence is there (s.32(6)) |
| Evidence of | The arrest offence, or another indictable offence connected with or similar to it | The arrest offence only |
| Authority | Inspector or above in writing, unless s.18(5) applies (then inform an inspector after) | None needed |
| Legally privileged material | Excluded from the evidence for which you may search (s.18(1)) | No special rule on the face of s.32; s.19(6) bars seizure of legally privileged items in all cases |
| Several dwellings in one building | No special limit in s.18 | Only the dwelling where the arrest took place or the person had been, and common parts (s.32(7)) |
| Scope of search | Only so far as reasonably required to discover the evidence (s.18(3)) | Only so far as reasonably required (s.32(3)) |
Section 32 also allows search of the arrested person (s.32(1) if the person may present a danger to themselves or others; s.32(2)(a) for items that might assist escape or be evidence, on reasonable grounds for believing the person may have concealed such things, s.32(5)). It does not authorise removal of clothing in public beyond an outer coat, jacket or gloves, though it does authorise a search of the mouth (s.32(4)).
An officer may search under s.18 before the person is taken to a police station (or released on street bail), without an inspector's prior authority, if the person's presence at a place other than a police station is necessary for the effective investigation of the offence (s.18(5) and (5A)). The constable must then inform an inspector or above as soon as practicable. That officer records the grounds and the nature of the evidence sought, in the custody record if the occupier is in police detention (s.18(6) to (8)). An inspector's authority is a feature of s.18 searches, not of s.30 delay.
Code B para 4.3 repeats that inspector authority should be given only when the authorising officer is satisfied the premises are occupied or controlled by the arrested person and the necessary grounds exist, and says that where possible the authority should be recorded on the Notice of Powers and Rights.
Search warrants: section 8 PACE, sections 15 and 16, and the MDA warrant
| Stage | Rule | Detail |
|---|---|---|
| Who applies, who issues | A constable applies; a justice of the peace issues (s.8(1)) | Application is made ex parte and supported by a written information; the constable answers on oath (s.15(3), (4)) |
| What the justice must be satisfied of | Reasonable grounds for believing that an indictable offence has been committed, that there is material on the premises likely to be of substantial value and likely to be relevant evidence, and not legally privileged, excluded or special procedure material (s.8(1)(a) to (d)) | Plus one of the four conditions in s.8(3): not practicable to communicate with anyone entitled to grant entry; practicable to communicate with someone entitled to grant entry but not with anyone entitled to grant access to the evidence; entry will not be granted unless a warrant is produced; or the purpose of the search may be frustrated or seriously prejudiced unless a constable arriving can secure immediate entry |
| Specific premises or all premises | A specific premises warrant names the premises. An all premises warrant covers premises occupied or controlled by a named person | All premises: extra tests in s.8(1B); entry to unspecified premises needs an inspector's written authority (s.16(3A)) |
| Number of entries | One occasion unless the warrant says multiple (s.15(5)); multiple entries may be unlimited or capped (s.8(1D), s.15(5A)) | Second and later entries need an inspector's written authority (s.16(3B)) |
| Time limit | Within three months from issue (s.16(3)) | At a reasonable hour unless the purpose may be frustrated (s.16(4)) |
| On execution | If the occupier is present: identify yourself, show documentary evidence if not in uniform, produce the warrant and give a copy (s.16(5)) | If the occupier is absent, the same applies to another person who appears to be in charge (s.16(6)) |
| Refused application | A further application for the same premises needs additional grounds (Code B para 3.8) |
Code B para 3.1 requires the officer to take reasonable steps to check that the information is accurate, recent and not provided maliciously or irresponsibly, and says an application may not be made on the basis of an anonymous source if corroboration has not been sought. The application must be supported by a signed written authority from an inspector or above (para 3.4(a)); in an urgent application to a justice of the peace where an inspector is not readily available, the next most senior officer on duty can give it. Superintendent authority applies instead to certain applications to a judge under the Terrorism Act 2000 and the National Security Act 2023 (para 3.4(b)).
A justice of the peace may issue a warrant under s.23(3) Misuse of Drugs Act 1971 where there is reasonable ground for suspecting controlled drugs are in the possession of a person on premises. It authorises entry, if need be by force, and search of the premises and any persons found there, at any time or times within one month from the date of the warrant. PACE s.16(3) says three months. Code B para 6.1 says to use the shorter period if the enactment specifies one.
Entry by consent is a separate route. Code B para 5.1 requires the consent of a person entitled to grant entry, in writing on the Notice of Powers and Rights if practicable. The person must be told they need not consent, that consent can be withdrawn at any time including during the search, and that anything seized may be produced in evidence (para 5.2). Search cannot continue if consent is given under duress or withdrawn (para 5.3). In a lodging house, hostel or similar accommodation, every reasonable effort should be made to get the consent of the individual occupier, and a search should not be made solely on the landlord's consent (Note 5A).
Seizure and retention: sections 19 and 22
- General power (s.19). A constable lawfully on any premises may seize anything if they have reasonable grounds for believing it has been obtained in consequence of an offence, or is evidence in relation to an offence they are investigating or any other offence, and it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed (s.19(2), (3)).
- Computer material (s.19(4)). Electronic information accessible from the premises may be required to be produced in a form that can be taken away and read, on the same style of grounds and necessity.
- Legal privilege (s.19(6)). No power of seizure under any enactment authorises seizing an item the constable has reasonable grounds for believing is subject to legal privilege.
- Warrant power (s.8(2)). A constable may seize and retain anything for which a search has been authorised.
- Retention (s.22). As long as is necessary in all the circumstances (s.22(1)), including for use as evidence at trial, forensic examination, investigation, or to establish the lawful owner (s.22(2)). Nothing may be retained for evidence or forensic examination if a photograph or copy would be sufficient (s.22(4)). Items seized because they might injure, damage property, interfere with evidence or help an escape may not be retained once the person is no longer in police detention or court custody, or is released on bail (s.22(3)).
Disclosure duties that apply to seized material afterwards are on our disclosure and CPIA revision page.
Ranks and authorities: one table to memorise
| Power | Rank | Detail |
|---|---|---|
| Section 60 CJPOA | Inspector or above | In writing; locality; grounds; up to 24 hours. Inspector must cause a superintendent or above to be informed as soon as practicable (s.60(3A)). Superintendent or above may extend by a further 24 hours (s.60(3)) |
| Section 60AA CJPOA | Inspector or above for a separate authorisation | Up to 24 hours; superintendent or above may extend by 24 hours (s.60AA(3) and (4)) |
| Section 11 Public Order Act 2023 | Inspector or above | In writing, with grounds, locality and period (s.12(2)); up to 24 hours (s.11(3)). Inspector must cause a superintendent or above to be informed as soon as practicable (s.12(1)). Superintendent or above may extend for a further period not exceeding 24 hours (s.11(5)), in writing or recorded in writing as soon as practicable (s.12(3)) |
| Section 18 PACE | Inspector or above, in writing | Not needed if the search is done before taking the person to a station because their presence elsewhere is necessary for the effective investigation (s.18(5), (5A)); then inform an inspector or above as soon as practicable (s.18(6)) |
| Applying for a PACE warrant (s.8) | Inspector or above, signed written authority | Code B 3.4(a): in an urgent case where no inspector is readily available, the next most senior officer on duty can give it |
| Repeat entry under a multiple-entry warrant | Inspector or above, in writing | s.16(3B); Code B 6.3A says prior written authority from an inspector not involved in the investigation |
| Entering premises not specified in an all-premises warrant | Inspector or above, in writing | s.16(3A); Code B 6.3B: prior authority of an inspector not involved in the investigation |
| Street bail (s.30A) | Custody officer | Authorises the release on bail (s.30A(1A)(b)) |
| Sections 1, 17, 19, 24, 32 PACE; s.23(2) MDA | No authorisation | The constable's own grounds; the constable's own decision |
Keep the pattern simple. Searches that need an authorisation (s.60, s.60AA, s.11 POA 2023, s.18) begin at inspector. Extensions of the suspicionless powers go to superintendent. Repeat entries and warrant applications go to an inspector. Everything else in this page is the constable's own decision, which is why those questions are really about the threshold.
The traps: what the exam is likely to turn on
These are our own selection of recurring distinctions in the law above, based on the statute and Codes, not on any inside knowledge of the paper. Each is a place where a plausible-looking wrong option exists.
| Trap | The rule | How it shows up |
|---|---|---|
| Suspect or believe? | Offence and search power: suspect. Necessity to arrest, person on premises (s.17), evidence on premises (s.32): believe | Read the verb in the stem and in each option. An option that swaps one word is a classic distractor |
| A power is not an arrest | s.24(1) to (3) gives the power, s.24(4) makes it exercisable only if arrest is necessary for a s.24(5) reason | If a question says 'had reasonable grounds to suspect an offence', ask whether necessity is also met |
| Obvious grounds | s.28(4): a constable must give the ground even if obvious | 'He was caught in the act, so no need to tell him' is wrong |
| Citizens and names | Name and address are constables-only necessity reasons | A citizen cannot arrest to get a name |
| Citizens and public order | s.24A(5) excludes Public Order Act 1986 Parts 3 and 3A offences | Either-way offences are indictable, so the exclusion has to be spelled out; it is easy to test |
| Citizens and the offence | s.24A(2) needs an indictable offence to have been committed | Suspicion that an offence happened is not enough for the (2) limb |
| Arrest on arrival for a voluntary interview | Code G Note 2G: new information only | The risk the person might walk out is expressly not a valid reason |
| Stopping to find grounds | Code A 2.11: no power to stop or detain to find grounds; a refusal to answer cannot supply grounds | Distinguish a conversation (no power needed) from detention for a search |
| Personal factors | Code A 2.2B: appearance, protected characteristics and previous convictions cannot support suspicion, alone or combined | Unless there is a description of a suspect |
| Section 60 is two thresholds | Authorising officer: reasonable belief. Searching officer: none. Both: constable in uniform | Options that put a suspicion test on the searcher are wrong; so are options that remove the written record and rank |
| 24 hours and 48 hours | s.60 authorisation up to 24 hours; a superintendent can add 24 hours | The section provides for one further 24 hours, by a superintendent or above. An inspector cannot extend. Code A Note 12: an extension may be given only once; after that a new authorisation is needed |
| Warrants: three months or one month | PACE warrants: three months from issue (s.16(3)). Misuse of Drugs Act s.23(3) warrant: within one month | Code B 6.1 also says use the shorter period where the enactment specifies one |
| Who authorises a repeat entry | Inspector or above in writing; under Code B 6.3A an inspector not involved in the investigation | A phone call from the SIO is not enough |
| Section 18 and section 32 swapped | s.18: occupied or controlled, suspecting, inspector authority. s.32: where arrested, believing, no authority, arrest offence only | Scenario questions often mix these in one stem |
| Two dwellings | s.17(2)(b) and s.32(7) limit entry in a building of separate dwellings to common parts and the relevant dwelling | A search of the whole block is wrong |
| Seizure is wider than the warrant | s.19 lets a constable lawfully on the premises seize other items on reasonable grounds and necessity; legal privilege is never seizable (s.19(6)) | Options that say only named items can be seized are wrong |
| Clothing in public | s.2(9): only an outer coat, jacket or gloves in public (s.32(4) is the same for a search on arrest, with a power to search the mouth) | A T-shirt must come off out of public view (Code A 3.6); intimate parts only at a nearby station or other nearby place, not a vehicle (Code A 3.7) |
| Recording the search | No requirement to record or ask for name, address or date of birth of the person searched (Code A 4.3A) | The record does include self-defined and perceived ethnicity (s.3(6)(a)(v), (6A)) |
Ask what the officer must be satisfied of. If it is about the offence or the item (it is there, or the person did it), the word is usually suspect. If it is about the officer's own justification for a coercive step (arrest is necessary, the person is on the premises, evidence is on the premises under s.32), the word is believe. Then check the exceptions, such as s.18 (suspecting evidence is on premises).
Six worked practice questions
Original practice questions from our checked bank (not real or past exam questions). The answer is marked and the reasoning and source follow. Cover the options and answer before you scroll.
At 3am officers find a man inside a house holding a bag of the occupier's jewellery. An officer takes hold of him and says 'You're under arrest', but says nothing about why, because the reason seems obvious. He is calm and compliant, but he is not told the ground for his arrest until he reaches the custody desk two hours later. Which statement is correct?
Section 28(3) provides that no arrest is lawful unless the person is told the ground at the time of arrest or as soon as practicable afterwards. Section 28(4) makes that apply to arrests by a constable even where the ground is obvious. The only statutory exception is in s.28(5), where it was not reasonably practicable to give the information because the person escaped before it could be given. Code G para 3.3 and Note 3 also require the person to be told why the arrest is necessary.
Source: PACE 1984 s.28; Code G paras 2.2, 3.3 and Note 3
A person other than a constable may arrest without warrant under s.24A PACE only if, among other things, they have reasonable grounds for believing that arrest is necessary for one of the listed reasons. Which of the following is NOT one of those reasons?
The reasons available to a citizen under s.24A(4) are to prevent the person causing physical injury to himself or another, suffering physical injury, causing loss of or damage to property, or making off before a constable can assume responsibility for him. Ascertaining a name or address is a necessity reason for constables only, under s.24(5)(a) and (b). A citizen's arrest also requires that it appears not reasonably practicable for a constable to make the arrest instead (s.24A(3)(b)).
Source: PACE 1984 s.24A(3) and (4); s.24(5)
An officer on foot patrol has no particular grounds for suspicion when she approaches a teenager in a park and asks what is in his rucksack. He politely declines to answer and carries on walking. Nothing else about his behaviour is unusual. The officer then detains him for a search under s.1 PACE, saying his refusal to answer makes her suspicious. What is the position under Code A?
Code A para 2.11 states there is no power to stop or detain a person in order to find grounds for a search. Para 2.9 says reasonable grounds cannot be provided retrospectively by questioning, or by a refusal to answer questions. Note 1 confirms that, without a power to arrest or detain to search, the person is free to leave at will. If genuine grounds had come out of the conversation, the officer could have detained him at that point.
Source: PACE Code A paras 2.2, 2.9, 2.11 and Note 1
How does a search authorised under s.60 Criminal Justice and Public Order Act 1994 differ from a standard s.1 PACE search?
Section 60 is a suspicion-independent power: once a senior officer has authorised it for a specific locality and time period (typically because of anticipated serious violence), officers can search individuals within that area without needing reasonable suspicion about that particular person, unlike s.1 PACE.
Source: s.60 Criminal Justice and Public Order Act 1994; PACE Code A
A suspect is arrested for burglary outside his house. He says the stolen jewellery is hidden somewhere in the house and offers to show officers where. Officers decide that his presence there is necessary for the effective investigation of the offence. They search the house with him before taking him to the police station, without any prior written authority. What must happen after the search?
Section 18(5) and (5A) allow a s.18 search before the person is taken to a police station, without inspector authorisation, where his presence at a place other than a police station is necessary for the effective investigation of the offence. Section 18(6) then requires the constable to inform an inspector or above as soon as practicable. Section 18(7) requires that officer to record the grounds for the search and the nature of the evidence sought. Under s.18(8), that record goes in the custody record if the occupier is in police detention.
Source: PACE 1984 s.18(1) and (4)-(8); Code B para 4.3
A s.8 PACE warrant authorises up to three entries to a lock-up garage. Officers carried out the first entry last week. A detective sergeant now wants to enter a second time. The detective inspector who is senior investigating officer on the case says over the phone that the sergeant can go ahead. What does the law require before the second entry?
Section 16(3B) provides that no premises may be entered or searched a second or later time under a multiple-entry warrant unless an inspector or above has authorised that entry in writing. Code B para 6.3A adds that this must be the prior written authority of an inspector who is not involved in the investigation. Here the SIO is involved in the investigation and only gave oral approval, so the phone call does not meet either requirement.
Source: PACE 1984 ss.8(1C)-(1D), 15(5A) and 16(3B); Code B para 6.3A
Map to Blackstone's chapters
These chapter numbers are listed in Appendix A of both the College's 2026 candidate handbook (September 2025) and its 2027 handbook (September 2026). The 2027 list retitles three headings: 3.3.10 becomes Voluntary Attendance at a Police Station or Elsewhere, 3.3.11 becomes Arrest Elsewhere than at a Police Station, and chapter 2.2 becomes Bail (its sub-headings are unchanged).
| Chapter | Sub-headings listed | Covered in this section |
|---|---|---|
| 3.1 Stop and Search (3.1.1 to 3.1.8) | Introduction; Code A 1 principles; Code A 2 types of powers (s.1 PACE, s.23 MDA, s.60 CJPOA and others); Code A 3 conduct; Code A 4 recording; Code A 5 monitoring; Annexes A to C | Stop and search, s.1, MDA s.23, s.60, Code A traps |
| 3.2 Entry, Search and Seizure (3.2.1 to 3.2.13) | Code B 1 and 2; Code B 3 warrants and production orders; search warrants for indictable offences; execution of a warrant; Code B 4 entry without warrant; Code B 5 consent; Code B 6 searching; Code B 7 seizure and retention; Code B 8 to 10 (action after searches, search registers, TPIM and National Security Act searches) | Entry, warrants and seizure sections above |
| 3.3 Powers of Arrest (3.3.1 to 3.3.11) | Legal characteristics of an arrest; Code G 1 to 4; arrest without warrant, citizens' arrest; other powers of arrest without warrant; arrest under warrant; voluntary attendance at a police station; after arrest | Arrest, citizens' arrest, s.28, voluntary attendance and taking to a station sections above |
| 2.2 Bail (2026: Release of Person Arrested) | Pre-charge release and bail, police bail restrictions, liability to arrest for absconding or breaking bail conditions | Street bail (s.30A) and the s.30D arrest power; see also the PACE Code C page |
| 2.1 Instituting Criminal Proceedings, Summons and Warrants (2.1.5 and 2.1.6) | Issue of warrants; execution of warrants | Not covered here; the handbook lists them in the Evidence and procedure volume |
We have read the chapter titles and sub-headings in the handbook, not the text of the Manuals, so the map shows where to look, not what each chapter contains in detail.
How much of the exam does this topic take?
Nobody can say in advance. The College says the subject area breakdown for a sitting is valid only for that sitting and should not be used to work out what will be tested in future. For context only, here is a count of the March 2026 sergeants' breakdown, which lists one row per scored question (140 rows). We counted the rows under three General police duties skills.
| Skill | Rows | Subjects listed |
|---|---|---|
| Entry, search and seizure | 5 | Code B-3 Search warrants and production orders; Code B-4 Entry without warrant, particular powers; Code B-7 Seizure and retention of property; Execution of a warrant; Code B-10 Searches under Schedule 5 to the TPIM Act 2011 and Schedule 11 to the National Security Act 2023 |
| Powers of arrest | 4 | After arrest; Arrest without warrant, citizen's arrest; Code G-3 Information to be given on arrest; Voluntary attendance at a police station or elsewhere |
| Stop and search | 3 | Code A-2 Types of stop and search powers (two rows); Code A-3 Conduct of searches |
| Total of the three skills | 12 | Of 140 scored questions. The rows shown are subject descriptions, not question wording |
Three further rows under Instituting criminal proceedings (Issue of warrants once, Execution of warrants twice) sit in the Evidence and procedure area and are not counted above. Treat the table as a description of one paper, not a forecast. Powers of arrest also feed other areas: for example, the necessity reasons matter to detention, and entry powers matter to seizure and disclosure.
Worked scenarios
Illustrative examples, not real incidents, to practise applying the rules above.
Revision checklist
- I can state both limbs of s.24 and list the six necessity reasons in s.24(5).
- I can say which verb (suspect or believe) goes with which power.
- I know the four s.24A reasons, the indictable-only limit and the Part 3 and 3A exclusion.
- I know that s.28 applies even when the fact and ground are obvious, and the single exception.
- I can set out what Code G Note 2G allows and forbids on arrest at a voluntary interview.
- I can state the s.1 test, Code A 2.2 two parts, and the rule against stopping to find grounds.
- I know the s.60 rank, 24 hours, extension and inform rules, and what the searcher must say.
- I know the Code A rules on where clothing may be removed.
- I can compare s.17, s.18 and s.32 in a table from memory, including authority.
- I know three months (PACE warrant), one month (MDA warrant), and who authorises repeat entries.
- I know s.19 seizure and s.22 retention, including the photograph-or-copy rule and legal privilege.
- I have tried the worked questions above, and a mixed set, under time.
When you are ready for the next topic, theft, robbery and burglary (in the Crime notes) covers the offences these powers are often used for, and public order offences (next section) covers offences such as s.4 Public Order Act 1986, which is one of the offences listed in s.17(1)(c) for entry to arrest.
What we could not verify
- What the Manuals say. We read statute and Codes on legislation.gov.uk and GOV.UK, and chapter headings in the handbook. We did not read the Blackstone's text, so how a chapter words or emphasises a point may differ. The exam tests the law as it appears in the Manuals edition for the sitting.
- Recent amendments. The Crime and Policing Act 2026 amends parts of PACE and the CJPOA 1994 (for example, s.60(9B) was inserted on 29 June 2026). We did not review every 2026 amendment and cannot say which the 2026 or 2027 Manuals reflect. Law that changes after publication is examined only if the College gives notice.
- Public Order Act 2023 powers. We checked ss.11 and 12 (rank, belief test, 24-hour maximum, extension, informing a superintendent). We did not check s.10 or the offences in s.11(1)(a) in detail, and the Manuals may cover them elsewhere.
- Case law. We deliberately left out case names because we could not confirm holdings from a primary source we could open.
- Other arrest and search powers. Mental Health Act powers, Terrorism Act powers, arrest under warrant, road check powers under s.4 PACE and drug-driving or firearms search powers are in the Manuals but not covered here. Chapter 3.3 and other sections of these notes cover some of them.
Public order offences
Riot, violent disorder, affray, sections 4, 4A and 5 Public Order Act 1986, breach of the peace, statutory public nuisance and conditions on processions and assemblies.
Public order offences at a glance
Public order offences are chapter 3.9 of the General Police Duties Manual, with processions, assemblies and protests in chapter 3.8. These notes are built on the statutes and on those chapter headings; they do not replace the Manuals. Statute wording and penalties below were read on legislation.gov.uk on 4 October 2026.
| Offence | Core requirement | Maximum penalty | Mode of trial |
|---|---|---|---|
| Riot (s.1) | 12 or more present together, common purpose; only those using violence guilty | 10 years on indictment, or fine, or both | DPP consent (s.7(1)) |
| Violent disorder (s.2) | 3 or more present together; no common purpose needed; use or threaten violence | 5 years on indictment; 6 months summary | Either way |
| Affray (s.3) | 1 or more; violence used or threatened towards another; words alone are not a threat | 3 years on indictment; 6 months summary | Either way |
| Fear or provocation of violence (s.4) | Threatening, abusive or insulting words or behaviour, with intent to cause belief in, or provoke, immediate unlawful violence (or likely to) | 6 months or level 5 fine or both | Summary only |
| Intentional harassment, alarm or distress (s.4A) | Threatening, abusive or insulting words or behaviour, or disorderly behaviour, with intent, thereby causing someone harassment, alarm or distress | 6 months or level 5 fine or both | Summary only |
| Harassment, alarm or distress (s.5) | Threatening or abusive (not insulting) words or behaviour, or disorderly behaviour, within hearing or sight of a person likely to be caused harassment, alarm or distress | Fine not exceeding level 3 | Summary only; no imprisonment |
| Public nuisance (PCSC Act 2022 s.78) | Act or omission creating a risk of or causing serious harm, or obstructing a public right; intent or recklessness | 10 years on indictment; general limit summary | Either way; common law offence abolished |
The College gives no weighting for any topic. In the March 2026 sergeants' subject area breakdown we counted five rows under the skill 'Public order offences' (affray, breach of the peace, fear or provocation of violence, harassment alarm or distress, and violent disorder) and one 'Locking on' row under 'Processions and assemblies', out of 140. That is a count for that sitting only; the College says the breakdown should not be used to predict future papers, and riot, s.4A and public nuisance did not have a row that time.
The offence ladder: numbers, intent and place
Learn these as a ladder, with the number of people and the harm needed falling as you move down. Ask the same questions every time: how many people, who must be using violence, is a common purpose needed, and where can it happen.
| Offence | People needed | Common purpose | Conduct needed | Place | Maximum |
|---|---|---|---|---|---|
| Riot | 12+ | Yes, shared and can be inferred from conduct | Using unlawful violence (threats count towards the 12) | Anywhere, public or private | 10 years |
| Violent disorder | 3+ | No | Using or threatening violence | Anywhere, public or private | 5 years |
| Affray | 1+ | No | Using or threatening violence (not words alone) towards another | Anywhere, public or private | 3 years |
| s.4 | 1 person, plus a target | No | Words, behaviour, writing or signs, with the intent or likely effect in s.4(1) | Public or private, with the dwelling exception | 6 months |
| s.4A | 1 person, plus someone harassed | No | Words, behaviour, writing or signs, with intent to cause HAD, and HAD actually caused | Public or private, with the dwelling exception | 6 months |
| s.5 | 1 person; someone likely to be affected | No | Threatening or abusive words or behaviour, or disorderly behaviour, or such a display | Public or private, with the dwelling exception | Level 3 fine |
Sections 1 to 3 are tested against a hypothetical 'person of reasonable firmness' who need not be present (ss.1(4), 2(3) and 3(4)), and can be committed in private as well as in public (ss.1(5), 2(4) and 3(5)). Under s.8 'violence' means any violent conduct, including violent conduct towards property (except in the context of affray), and it is not limited to conduct causing or intended to cause injury or damage, so throwing a missile that falls short still counts.
Section 7(2) says each of ss.1 to 5 creates one offence for the rules on duplicity. Section 7(3) lets a jury that acquits of violent disorder or affray convict of s.4 instead.
Riot, violent disorder and affray in plain English
Riot (s.1)
Twelve or more people present together use or threaten unlawful violence for a common purpose, and their conduct taken together would cause a person of reasonable firmness present at the scene to fear for their personal safety. The key wording is that 'each of the persons using unlawful violence for the common purpose' is guilty. People who only threaten violence count towards the 12 but are not themselves guilty of riot. It is immaterial whether the violence is simultaneous (s.1(2)), and the common purpose may be inferred from conduct (s.1(3)). The maximum is 10 years on indictment, or a fine, or both. The mens rea (s.6(1)) is that the defendant intends to use violence or is aware that their conduct may be violent. A prosecution for riot, or incitement to riot, needs the consent of the DPP (s.7(1)).
Violent disorder (s.2)
The same structure with three or more people present together. There is no common purpose requirement, and every person who uses or threatens unlawful violence is guilty, not just those using it. It is triable either way: 5 years or a fine or both on indictment, 6 months or a fine up to the statutory maximum or both summarily. Again it is immaterial whether the violence is simultaneous (s.2(2)).
Affray (s.3)
A person uses or threatens unlawful violence towards another and their conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety. One person is enough. Where two or more people use or threaten violence, it is their conduct taken together that is considered (s.3(2)). The headline trap is s.3(3): a threat cannot be made by the use of words alone. Maximum: 3 years on indictment, 6 months summarily.
Riot: 12, common purpose, only those using violence guilty. Violent disorder: three, no common purpose, those using or threatening violence guilty. Affray: one, violence used or threatened towards another, words alone not enough. Examiners like to change one of these facts and ask which offence remains.
Sections 4, 4A and 5: the words and behaviour offences
Section 4: fear or provocation of violence
A person uses towards another person threatening, abusive or insulting words or behaviour, or distributes or displays to another person any threatening, abusive or insulting writing, sign or visible representation, with intent to cause that person to believe that immediate unlawful violence will be used against them or another, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. Note the word 'immediate' and that it is directed towards another person. Summary only: 6 months, level 5 fine, or both.
Section 4A: intentional harassment, alarm or distress
With intent to cause a person harassment, alarm or distress, the defendant uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays a threatening, abusive or insulting writing, sign or visible representation, thereby causing that or another person harassment, alarm or distress. It needs actual harassment, alarm or distress, not merely the likelihood of it. Two statutory defences, both for the accused to prove: that they were inside a dwelling and had no reason to believe the words, behaviour or display would be heard or seen by a person outside that or any other dwelling, or that their conduct was reasonable. Summary only: 6 months, level 5 fine, or both.
Section 5: harassment, alarm or distress
A person uses threatening or abusive words or behaviour, or disorderly behaviour, or displays a threatening or abusive writing, sign or visible representation, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. No intent to cause harassment, alarm or distress is needed, and the person need only be 'likely' to be caused it. There are three defences for the accused to prove: no reason to believe there was any person within hearing or sight likely to be caused harassment, alarm or distress; inside a dwelling with no reason to believe the conduct would be heard or seen outside; or that the conduct was reasonable. The penalty is a fine not exceeding level 3, with no imprisonment.
| Point | s.4A | s.5 |
|---|---|---|
| Intent to cause harassment, alarm or distress | Required | Not required |
| Must harassment, alarm or distress actually be caused | Yes, to that or another person | No, a person within sight or hearing must be likely to be caused it |
| 'Insulting' words or behaviour | Still included | Removed on 1 February 2014 |
| Disorderly behaviour | Included | Included |
| Defence of no reason to believe anyone likely to be affected | Not available | Available (s.5(3)(a)) |
| Defence of reasonable conduct | Available | Available |
| Maximum penalty | 6 months or level 5 fine or both | Level 3 fine |
Was 'insulting' removed from section 5?
Yes. Section 57 of the Crime and Courts Act 2013 removed the words 'or insulting' from s.5(1) and s.6(4) of the Public Order Act 1986, with effect from 1 February 2014. The amendment note on s.5 on legislation.gov.uk records it as a substitution of words by S.I. 2013/2981. On 4 October 2026 the page for s.5 showed no later amendments and said there were no known outstanding effects on that section. Sections 4 and 4A were not amended and still include 'insulting'.
So the safe memory aid is: s.4 and s.4A, threatening, abusive or insulting; s.5, threatening or abusive. Disorderly behaviour is in s.4A and s.5 but not in s.4. Be wary of older revision notes and older question banks, which describe s.5 as covering insulting words or behaviour.
The exam examines the law as it appears in the Manuals edition for the sitting. Any revision material dated before February 2014 will be wrong on this point, and so will some later material that copies it.
Mens rea: section 6
Section 6 of the Act sets the mental element for most of the offences. It also provides that a person whose awareness is impaired by intoxication is taken to be aware of what they would be aware of if not intoxicated, unless the intoxication was not self-induced or was caused solely by medical treatment, which it is for the defendant to show (s.6(5)). Intoxication includes drink, drugs or other means (s.6(6)).
| Offence | Source | What must be proved |
|---|---|---|
| Riot | s.6(1) | Intends to use violence or is aware that their conduct may be violent |
| Violent disorder | s.6(2) | Intends to use or threaten violence, or is aware that their conduct may be violent or threaten violence |
| Affray | s.6(2) | Same as violent disorder |
| s.4 | s.6(3) | Intends the words, behaviour, writing, sign or representation to be threatening, abusive or insulting, or is aware it may be. The intent to cause belief in or provoke immediate violence (or the 'likely' alternative) is in s.4(1) itself |
| s.4A | s.4A(1) | Intent to cause a person harassment, alarm or distress. No s.6 mens rea provision; the intent is in the section |
| s.5 | s.6(4) | Intends the words, behaviour or display to be threatening or abusive, or is aware it may be, or intends the behaviour to be disorderly or is aware it may be |
Section 6(7) adds that the mens rea requirements in s.6(1) and (2) do not affect the count of the persons who use or threaten violence for riot or violent disorder. This matters because the 12 and the three are judged by conduct, not by each person's state of mind. For the general ideas of intent and recklessness see Blackstone's chapter 1.1 (Mens Rea).
The dwelling exception
Sections 4, 4A and 5 can be committed in a public or a private place, except that no offence is committed where the words or behaviour, or the writing, sign or visible representation, are used or displayed by a person inside a dwelling and the other person is also inside that or another dwelling. Under s.8 'dwelling' means any structure or part of a structure occupied as a person's home or other living accommodation, whether separate or shared, but not any part not so occupied, and 'structure' includes a tent, caravan, vehicle, vessel or other temporary or movable structure.
- Both people must be inside dwellings. If the target is on the street or in a garden, the exception does not apply.
- On the wording of the section, two neighbours inside their own flats shouting across a courtyard are both inside dwellings, so the exception applies.
- The exception is separate from the defences in ss.4A(3) and 5(3), which the accused must prove.
- Sections 1 to 3 are not subject to the dwelling exception: they can be committed in private places.
Racially or religiously aggravated public order offences
Section 31 of the Crime and Disorder Act 1998 creates aggravated versions of ss.4, 4A and 5 where the offence is racially or religiously aggravated. The penalties are higher: for aggravated s.4 and s.4A, 6 months or a fine up to the statutory maximum or both summarily, or 2 years or a fine or both on indictment (s.31(4)); for aggravated s.5, a fine up to level 4 (s.31(5)). For the aggravated s.5 offence the person likely to be caused harassment, alarm or distress is treated as the victim when deciding whether the hostility test is met (s.31(7)).
Section 145 of the Crime and Policing Act 2026 will amend this. Subsection (6) replaces 'racially or religiously aggravated' in s.31(1) and the cross-reference in s.31(7) with 'aggravated' as newly defined in a substituted s.28, which widens the hostility grounds to include disability, sexual orientation and transgender identity (and sex, for s.31(1)(a) and (c)). On 4 October 2026 legislation.gov.uk showed s.145 as prospective, with no commencement date appointed, so the text above is the law in force that day. Check the Manuals edition and any College notice for your sitting. The ss.1 to 3 offences have no aggravated version in the Act; hostility is then dealt with at sentencing.
Breach of the peace (common law)
Breach of the peace is not itself a criminal offence in England and Wales. It is dealt with under common law powers: to arrest, and in other ways to act to prevent or stop it, and by binding over. The definition examined is that from R v Howell [1982] QB 416, reflected in the verified bank question below: harm actually done or likely to be done to a person, or to their property in their presence, or a person in fear of such harm. Offensive language, rudeness or mere annoyance without an element of violence or threatened violence is not enough.
The March 2026 sergeants' breakdown included a breach of the peace row, so it is a topic that has appeared. Learn the definition and the point that it is not an offence. The best-known House of Lords case on breach of the peace and imminence is R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55; read it in Blackstone's chapter 3.9.2. We could not open the judgment from our reading environment, so we do not state its holding here.
Public nuisance: the statutory offence
Section 78 of the Police, Crime, Sentencing and Courts Act 2022 (in force from 28 June 2022) created a statutory offence of intentionally or recklessly causing public nuisance and abolished the common law offence (s.78(6)). A person commits it if they do an act, or omit to do an act they are required to do by an enactment or rule of law, and that act or omission creates a risk of, or causes, serious harm to the public or a section of the public, or obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and the person intends that consequence or is reckless as to it.
| Element | Detail |
|---|---|
| Serious harm (s.78(2)) | Death, personal injury or disease; loss of or damage to property; or serious distress, serious annoyance, serious inconvenience or serious loss of amenity |
| Fault | Intends the consequence, or is reckless as to whether it will occur |
| Defence | Reasonable excuse for the act or omission, which the accused must prove (s.78(3)) |
| Maximum | 10 years on indictment, a fine or both; summarily, the general limit in a magistrates' court (12 months under Sentencing Act 2020 s.224) or a fine or both |
| Timing | Does not apply to acts or omissions before commencement, or that began before and continued after (s.78(7)) |
Because it is either way, with a statutory 10-year maximum, it is easy to confuse with the old common law offence, which was not defined by statute. Be careful with older notes.
Conditions on processions and assemblies: ss.11 to 14 briefly
| Power | What it is | Offences and penalties |
|---|---|---|
| Advance notice (s.11) | Written notice of a public procession to demonstrate support or opposition, publicise a cause or mark an event, unless not reasonably practicable. Date, time, route, organiser's name and address. 6 clear days; by hand or recorded delivery | Organisers guilty if notice not given or date, time or route differs; defence of not knowing or suspecting; level 3 fine. Customary processions and funeral director funerals are excluded |
| Conditions on processions (s.12) | A senior police officer who reasonably believes serious public disorder, serious damage, serious disruption to the life of the community, noise triggers, intimidation (or, since 29 June 2026, intimidation near a place of worship) may impose conditions | Organisers and participants commit offences if they fail to comply knowing or ought to know of the condition; defence of circumstances beyond control. Organiser or inciter: 51 weeks or level 4, but 51 weeks is read as 6 months until Criminal Justice Act 2003 s.281(5) is in force (s.12(10A)). Participant: level 4 |
| Prohibiting processions (s.13) | Chief officer applies to the council; order up to 3 months with the Secretary of State's consent. In London the Commissioner makes it, with consent | Organiser who knows it is prohibited: 3 months or level 4. Participant: level 3. Inciter: 3 months or level 4 |
| Conditions on assemblies (s.14) | Same triggers as s.12 for a public assembly (two or more persons in England and Wales; s.16) | Same structure as s.12, including 51 weeks (read as 6 months for now, s.14(10A)) or level 4 for an organiser; level 4 for a participant |
| Trespassory assemblies (s.14A) | Chief officer applies to the council; assembly means 20 or more persons here (s.14A(9)) | See chapter 3.8.4 for the penalties; not examined in detail in this section |
Three things to hold on to. First, who gives the direction: for an event being held, the most senior officer present at the scene or, in England and Wales since 29 June 2026, an officer authorised by the chief officer; for an event that is intended to be held (nobody assembling yet), the chief officer, in writing (ss.12(2), 12(3), 14(2) and 14(3)). Second, what triggers conditions: serious public disorder, serious damage to property, serious disruption to the life of the community, noise triggers, intimidation and, in England and Wales since 29 June 2026, intimidation in the vicinity of a place of worship. Third, the offence for failing to comply requires, in England and Wales, that the person knew or ought to have known of the condition (s.12(5A) and s.14(5A)).
The Crime and Policing Act 2026 amended these sections from 29 June 2026: cumulative disruption from other processions and assemblies in the same area must be taken into account (ss.12(2BA) to (2BC) and 14(2BA) to (2BC)); the place of worship ground was added; and officers authorised by the chief officer can act as the senior police officer for an event being held. The s.16 definition of a public assembly was also widened to include railway places within s.31(1)(a) to (f) of the Railways and Transport Safety Act 2003, such as stations, even if not open to the air. If your sitting uses an earlier Manuals edition, check which of these it covers.
Locking on and the other Public Order Act 2023 offences sit in Blackstone's chapter 3.8 and are not covered here beyond the fact that one 'Locking on' row appeared in the March 2026 breakdown. Articles 10 and 11 (chapters 3.8.2 and 3.8.3) are covered in the human rights part of the Crime syllabus notes.
The traps
| Trap | The correct position |
|---|---|
| Number of people | Riot is 12 or more; violent disorder three or more; affray one or more. Threats count towards the 12 and the three |
| 'Present together' | Riot and violent disorder require the people to be present together; the violence need not be simultaneous (ss.1(2) and 2(2)) |
| Who is guilty of riot | Only each person using unlawful violence for the common purpose, not those who only threaten it (s.1(1)) |
| Common purpose | Needed for riot (and can be inferred), not for violent disorder or affray |
| Who must be present | No person of reasonable firmness need actually be, or be likely to be, present (ss.1(4), 2(3), 3(4)). The test is hypothetical |
| Words alone | A threat for affray cannot be made by words alone (s.3(3)). That limit is not in s.4 |
| Mens rea | Section 6 differs by offence; s.4A needs intent to cause harassment, alarm or distress; self-induced intoxication does not help (s.6(5)) |
| Private places | Ss.1 to 3 can occur in private. Ss.4, 4A and 5 too, except where both parties are inside dwellings |
| 'Insulting' in s.5 | Removed 1 February 2014; still in ss.4 and 4A |
| Penalties | Riot 10 years; violent disorder 5; affray 3; ss.4 and 4A six months; s.5 fine only (level 3) |
| Warnings | No section requires a warning. The s.5 arrest-after-warning power was repealed in 2006 |
| Consent | Riot needs DPP consent (s.7(1)); the others in ss.2 to 5 do not |
| Breach of the peace | Not an offence; common law powers and binding over |
| Public nuisance | Statutory since 28 June 2022; common law offence abolished; 10 years |
| Who gives conditions | Event being held: most senior officer present (or authorised officer from 29 June 2026). Event intended: chief officer, in writing |
Worked questions
These are original practice questions from our verified bank (our toolkit, described below). They are not real or past exam questions. Each answer is marked, with the explanation and the legislation relied on. Try each before reading the marked answer.
During serious disorder outside a nightclub, a group of about 15 people act together to attack the door staff. CCTV shows that eight of them throw bottles and punch the staff, while the other seven shout threats and gesture but never use any violence. The conduct of the group taken together would cause a person of reasonable firmness to fear for their personal safety. Who can be guilty of riot under s.1 Public Order Act 1986?
Under s.1(1) the threshold of 12 or more is met by people who use or threaten unlawful violence for a common purpose, but only each person using unlawful violence for that purpose is guilty of riot. Threats count towards the 12, so the last option is wrong. Those who only threatened violence can be considered for violent disorder under s.2. A prosecution for riot needs the consent of the Director of Public Prosecutions (s.7(1)).
Source: Public Order Act 1986 ss.1, 2 and 7
Three brothers are involved in a dispute in the rear garden of a private house. Over about two minutes, one swings a spade at a neighbour, a second picks up a brick and threatens to throw it, and a minute later the third threatens the neighbour with a knife. They have no shared plan. Their conduct taken together would cause a person of reasonable firmness to fear for their personal safety. Which statement about violent disorder under s.2 Public Order Act 1986 is correct?
Section 2(1) requires three or more persons present together who use or threaten unlawful violence, judged by the effect on a hypothetical person of reasonable firmness. Section 2(2) makes it immaterial whether they act simultaneously, and s.2(4) allows the offence in private as well as public places. A common purpose is an element of riot (s.1), not violent disorder.
Source: Public Order Act 1986 s.2
A man stands in the street and shouts at his neighbour, who is in her front garden, that he is going to come over and kill her. He makes no gestures, carries nothing and does not move towards her. A probationer wants to arrest him for affray. What should the sergeant advise?
Section 3(3) Public Order Act 1986 provides that for affray a threat cannot be made by the use of words alone, so some conduct beyond words is needed. Affray can be committed in private as well as public places (s.3(5)), and the test uses a hypothetical person of reasonable firmness who need not be present (s.3(4)). Threatening words used with intent to make her believe immediate unlawful violence will be used point towards s.4 instead.
Source: Public Order Act 1986 ss.3 and 4
Following an amendment made by the Crime and Courts Act 2013, which type of conduct no longer falls within s.5 Public Order Act 1986 (harassment, alarm or distress), even though it still falls within ss.4 and 4A?
From 1 February 2014 the Crime and Courts Act 2013 removed the word 'insulting' from s.5, which now covers threatening or abusive words or behaviour, disorderly behaviour, and threatening or abusive displays. Sections 4 and 4A still refer to threatening, abusive or insulting words or behaviour. Disorderly behaviour remains within s.5, so that option is wrong.
Source: Public Order Act 1986 ss.4, 4A and 5; Crime and Courts Act 2013 s.57
Which of the following is a statutory defence to an offence under s.5 Public Order Act 1986 but is NOT a defence to the intentional offence under s.4A?
Section 5(3)(a) gives a defence of having no reason to believe anyone within hearing or sight was likely to be caused harassment, alarm or distress. Section 4A has no equivalent, because it requires intent and that someone was actually caused harassment, alarm or distress. The dwelling defence and the reasonable conduct defence are available under both sections (s.4A(3) and s.5(3)(b) and (c)). A police officer can be the person caused or likely to be caused harassment, alarm or distress, so that is not a defence.
Source: Public Order Act 1986 ss.4A(3) and 5(3)
Which statement best reflects the definition of a breach of the peace given by the Court of Appeal in R v Howell [1982]?
Howell centres the concept on actual or threatened harm to a person, or to their property in their presence, or fear of such harm. Rudeness, offensive language or mere annoyance is not enough without that element of violence or threatened violence. Breach of the peace is not itself a criminal offence in England and Wales. It is dealt with by the common law power of arrest and by binding over.
Source: R v Howell [1982] QB 416 (common law)
Our wider question bank (in the toolkit described at the end of these notes) also contains questions on s.4 and the dwelling exception, on s.14 directions and on s.14A trespassory assemblies, which you will meet if you work through the public order topic there.
Chapter map: Blackstone's chapters
Chapter numbers below are listed in Appendix A of the 2026 candidate handbook (September 2025) and are the same in Appendix A of the 2027 handbook (September 2026).
| Blackstone's chapter | Law covered here | Watch for |
|---|---|---|
| 3.9.1 Introduction | Overview of the Part I offences | Learn the ladder first |
| 3.9.2 Breach of the Peace | Common law; Howell; powers of arrest; binding over | Not an offence |
| 3.9.3 Riot | s.1, s.6(1), s.7(1) | 12, common purpose, DPP consent |
| 3.9.4 Violent Disorder | s.2, s.6(2) | 3 or more, no common purpose |
| 3.9.5 Affray | s.3, s.6(2) | Words alone, hypothetical bystander |
| 3.9.6 Fear or Provocation of Violence | s.4, s.6(3), s.7(3) | Immediacy, dwelling exception |
| 3.9.7 Intentional Harassment, Alarm or Distress | s.4A | Intent, actual HAD, defences |
| 3.9.8 Harassment, Alarm or Distress | s.5, s.6(4) | No 'insulting' since 2014; level 3 fine |
| 3.9.9 Intentionally or Recklessly Causing Public Nuisance | PCSC Act 2022 s.78 | Common law offence abolished |
| 3.8.4 Public Processions and Assemblies | ss.11 to 14A, s.16 | Notice, conditions, who gives directions |
| 3.8.11 Public Meetings | Public meetings legislation | Not covered in this section |
| 1.1 Mens Rea | General concepts of intent, recklessness, awareness | Underpins s.6 |
Chapter 3.9 sits in Volume 3 (General Police Duties). Related offences are in other chapters: non-fatal offences and defences, and the s.24 arrest test is covered in the arrest, search and entry section above.
Scenarios
These are illustrative examples, not real incidents, to show how the elements are applied.
| Facts | Analysis | Check |
|---|---|---|
| Fifteen people fight outside a club; eight throw bottles and seven shout threats | Riot only for the eight who use violence, if there is a common purpose; the other seven can be violent disorder. The count of 12 includes those who threaten (s.1(1)) | A reasonable bystander need not be there (s.1(4)) |
| Two men fight in a private garden; neither is shown to share a purpose with the other | Affray is available (s.3(2)); violent disorder needs three or more present together | Private place does not matter (s.3(5)) |
| A man stands in the street and shouts 'I'll kill you' at a neighbour but does nothing else | Not affray, because words alone are not a threat (s.3(3)); consider s.4 or s.4A | Check the dwelling exception |
| Two neighbours shout abuse across a courtyard from inside their own flats | No s.4, s.4A or s.5 offence, because both are inside dwellings | Consider other offences such as threats to kill if made |
| A person is arrested for s.5 after refusing to move on | Check the s.24 PACE necessity reason; a warning is not an element of s.5 | The s.5(4) and (5) arrest power was repealed in 2006 |
| A chief officer plans for a march and several unrelated static protests nearby | Since 29 June 2026, cumulative disruption must be considered (s.12(2BA)) | Directions before the event must be in writing (s.12(3)) |
Public order revision checklist
- I can state 12, three and one for riot, violent disorder and affray, and who counts towards each number.
- I know that only those using violence are guilty of riot, and that riot needs DPP consent.
- I can say which offences need a common purpose (riot only) and that nobody has to be present for ss.1 to 3.
- I know words alone cannot be an affray threat (s.3(3)).
- I know s.4 is immediate violence, s.4A is intent plus actual harassment, alarm or distress, s.5 is likelihood.
- I know 'insulting' left s.5 on 1 February 2014 but remains in ss.4 and 4A.
- I know the penalties: 10, 5, 3 years; 6 months; 6 months; level 3 fine.
- I know the dwelling exception and the s.5(3)(a) defence that is not in s.4A.
- I know breach of the peace is not an offence and can quote the Howell definition.
- I know public nuisance is statutory (28 June 2022) and carries 10 years.
- I know who gives directions on a procession or assembly, in what form, and what changed on 29 June 2026.
To fit this topic into a plan, see how to pass the sergeants exam and the sergeant exam revision plan.
What we could not verify
- What the Manuals say. We did not have the Manuals. These notes rest on the statutes and on the verified question bank; the exam tests the Manuals' text for your sitting.
- Case law beyond Howell, including Laporte. We could not open case reports from our reading environment, so we have not set out the holdings in cases on imminence or on the person of reasonable firmness beyond what the verified question bank states.
- Commencement of the 2026 aggravation changes. Section 145 of the Crime and Policing Act 2026 (amending the Crime and Disorder Act 1998 ss.28 and 31) was shown as not in force on 4 October 2026. We did not look for any later commencement regulations, so check before your sitting.
- Penalties for s.14A to s.14C and the Public Order Act 2023 offences. Not covered in detail here; use the Manuals.
Misconduct regulations and standards
The ten Standards of Professional Behaviour, misconduct and gross misconduct, the process from allegation to outcome, meetings and hearings, appeals, suspension, reflective practice and unsatisfactory performance.
Misconduct regulations for the sergeants exam at a glance
Complaints and misconduct (3.17) and unsatisfactory performance and attendance (3.18) are chapters of the General Police Duties Manual. They cover the discipline and performance machinery that a sergeant uses every week as a line manager: the Standards, the severity assessment, the routes after an investigation, and the appeal rights. Every legal point below was checked against the text on legislation.gov.uk on 4 October 2026.
| Topic | Answer |
|---|---|
| Main law | Police (Conduct) Regulations 2020 (SI 2020/4), in force 1 February 2020, amended in 2020, 2022, 2024, 2025 and 2026 |
| Standards | Ten Standards of Professional Behaviour in Schedule 2, applied by regulation 5 |
| Misconduct | A breach of the Standards so serious as to justify disciplinary action (reg 2(1)) |
| Gross misconduct | A breach so serious as to justify dismissal; conviction for an indictable-only offence is taken to be such a breach (reg 2(1)) |
| Neither | Practice requiring improvement (reflective practice review), a Vetting or Performance Regulations referral, or no further action (reg 14(2)) |
| Disciplinary action, least to most serious | Written warning, final written warning, reduction in rank, dismissal without notice (reg 2(1)) |
| Standard of proof | Balance of probabilities, or an admission (reg 41(16)) |
| Forms of proceedings | Misconduct meeting, misconduct hearing, accelerated misconduct hearing |
| Appeal route | Meeting: internal appeal, 7 working days (reg 45). Hearing or accelerated hearing: Police Appeals Tribunal, 10 working days (PAT Rules 2020, rule 9) |
| Performance | Police (Performance) Regulations 2020: two stages for matters coming to the line manager's attention since 28 May 2025 (earlier matters stay under three); gross incompetence goes straight to the second stage |
| Where it sits in the Manuals | Blackstone's 2026 edition chapters 3.17 and 3.18, Volume 3 General Police Duties |
| How much of the paper | In the College's March 2026 sergeants' breakdown, 3 of 140 scored questions were in these two chapters. That sitting only |
The College says the exam tests only the law as it appears in the Blackstone's edition for the sitting. These notes describe the law as it is on legislation.gov.uk now, and four sets of amendments between May 2024 and July 2026 change parts of it. We cannot see how far each edition of the Manuals reflects them. Learn the structure here, then check chapters 3.17 and 3.18 of your own edition on every point flagged as changed.
Misconduct is a small slice of the paper. In the College's March 2026 sergeants' breakdown we counted 3 of the 140 scored rows in these two chapters (2 on complaints and misconduct, 1 on unsatisfactory performance). That is a count of that sitting only, and the College warns that a breakdown should not be used to predict later papers. The points that do appear tend to be definitional, which is why a small, exact set of facts is worth learning properly. For where this chapter fits in the overall exam, see what comes up in the exam.
What changed between 2024 and 2026
Misconduct law moved more in the last two and a half years than in the previous four. The table lists each amending instrument we found on the legislation.gov.uk list of changes to the Conduct Regulations, with the date it came into force. Where a candidate relies on older notes, the chair of the hearing, the available outcomes and the performance stages are the three places they are most likely to be wrong.
| In force | Instrument | What it changed |
|---|---|---|
| 7 May 2024 | Police (Conduct) (Amendment) Regulations 2024 (SI 2024/521) | Misconduct hearing panel changed: the chair is the chief officer of the force (or a delegate), with two lay members and a legally qualified person who advises. Conflict-of-interest rules in reg 12A. Not applied to cases where a notice of referral was already given |
| 28 May 2025 | Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (SI 2025/558) | Indictable-only conviction taken to be gross misconduct. Disciplinary action must be imposed once misconduct or gross misconduct is found, and for gross misconduct the outcome is dismissal unless there are exceptional circumstances. Accelerated referral without an investigator's statement. Email service of notices. Performance Regulations cut from three stages to two. Presumption of accelerated hearings for former officers. Transitional rule: the conduct and performance changes do not apply to allegations (or performance matters) that came to attention before 28 May 2025, or to later ones connected to a matter still being handled under the old rules, except that the former-officer presumption applies wherever no referral notice had been given before 28 May 2025 (SI 2025/558 reg 64(3)) |
| 30 June 2026 | Police (Conduct) (Amendment) Regulations 2026 (SI 2026/597) | Use of force Standard reworded. Does not apply to allegations that came to attention before 30 June 2026, or to later allegations about the same matter made while the earlier one is still being handled under the old rules |
| 13 July 2026 | Police (Conduct and Vetting etc.) (Amendment) Regulations 2026 (SI 2026/653) | Suspension regime rewritten: duty to suspend where the suspension condition is met, public interest suspension, strict timeframes after arrest or questioning under caution for listed offences or domestic abuse, automatic or mandatory suspension on charge. New Schedule 3 of listed offences. Does not apply to allegations that came to attention before 13 July 2026, or to later ones connected to a matter still being handled under the old rules |
There were also earlier small amendments (SI 2020/78 on when the IOPC presents a case, and SI 2022/505 on special constables). The Police (Vetting) Regulations 2025 now sit alongside the Conduct Regulations: at the severity assessment stage, a matter can be referred to be dealt with under them (reg 14(2)(aa)).
The ten Standards of Professional Behaviour
Regulation 5 says the Standards are those described in Schedule 2. Every misconduct allegation is framed as a breach of one or more of them, and the regulation 17 notice must say how the conduct is alleged to fall below the Standards. The wording below is a close summary of Schedule 2 as in force on 4 October 2026. For a deeper treatment of each, see our guide to the Standards of Professional Behaviour.
| Standard | What it says | Exam note |
|---|---|---|
| Honesty and Integrity | Honest, act with integrity, do not compromise or abuse their position | Lying, falsifying records, abusing a position for personal gain |
| Authority, Respect and Courtesy | Self-control and tolerance; respect and courtesy to the public and colleagues; do not abuse powers or authority; respect the rights of all individuals | Rudeness, oppressive behaviour, misuse of a power |
| Equality and Diversity | Fairness and impartiality; no unlawful or unfair discrimination | Applies to how officers treat colleagues as well as the public |
| Use of Force | Only use force when they honestly believe this to be necessary; the force used should be necessary, proportionate and reasonable (wording from 30 June 2026) | The earlier wording was 'only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances'. Which wording applies depends on when the allegation was made |
| Orders and Instructions | Only give and carry out lawful orders and instructions; abide by police regulations, force policies and lawful orders | Two limbs: lawful orders, and regulations and policies |
| Duties and Responsibilities | Diligent in the exercise of their duties; give appropriate cooperation during investigations, inquiries and formal proceedings, including as a witness | Neglect of duty, and failing to cooperate with a misconduct or IOPC investigation |
| Confidentiality | Treat information with respect; access or disclose it only in the proper course of police duties | Unauthorised database checks, leaks. May also be a criminal offence |
| Fitness for Duty | Fit to carry out their responsibilities when on duty or presenting for duty | Alcohol, drugs, fatigue |
| Discreditable Conduct | Behave in a manner which does not discredit the service or undermine public confidence, on or off duty; report any action taken against them for a criminal offence, any conditions imposed by a court and any penalty notice | Two limbs. The reporting duty is a Standard in its own right |
| Challenging and Reporting Improper Conduct | Report, challenge or take action against the conduct of colleagues which has fallen below the Standards | A sergeant who sees and ignores a colleague's breach may breach this Standard |
- Whistleblowing is protected. Regulation 2(5) says that making a protected disclosure, within the meaning of section 43A of the Employment Rights Act 1996, is not a breach of the Standards.
- Count to ten. Schedule 2 contains ten headed Standards. Some have more than one expectation under the same heading (Authority, Respect and Courtesy; Orders and Instructions; Duties and Responsibilities; Discreditable Conduct).
- The Code of Ethics. When deciding whether conduct is practice requiring improvement, the assessor must have regard to the College's Code of Ethics (reg 2(8)). The Code is not itself the Standards.
- Use of force. From 30 June 2026 the Standard reads that officers only use force when they honestly believe it to be necessary, and the force used should be necessary, proportionate and reasonable. Allegations that came to attention before 30 June 2026 stay under the earlier wording. See our use of force and human rights revision page.
Misconduct, gross misconduct and neither
Regulation 2(1) contains the two definitions the whole system turns on. Candidates mix up the thresholds more often than they forget them. The next section looks at how to apply the threshold as a supervisor.
- Misconduct means a breach of the Standards of Professional Behaviour that is so serious as to justify disciplinary action.
- Gross misconduct means a breach of the Standards that is so serious as to justify dismissal. For the purposes of the Regulations, conduct which has resulted in conviction of an indictable-only offence is taken to constitute such a breach (an amendment in force since 28 May 2025, applying to allegations that came to attention from that date).
- Practice requiring improvement means underperformance or conduct not amounting to misconduct or gross misconduct which falls short of the expectations of the public and the police service (reg 2(7)). It is dealt with by the reflective practice review process, not disciplinary proceedings.
- Disciplinary action is a defined list, in order of seriousness starting with the least serious: a written warning, a final written warning, reduction in rank, and dismissal without notice.
- Conduct includes acts, omissions, statements and decisions, whether actual, alleged or inferred.
Under regulation 14(1) the appropriate authority assesses whether the conduct, if proved, would amount to misconduct, gross misconduct or neither. If neither, it then decides whether it is practice requiring improvement, whether the matter should go to the Vetting Regulations or the Performance Regulations, or whether to take no further action (reg 14(2)). Before choosing practice requiring improvement, the Vetting route or the Performance route, it must consult the officer's line manager (reg 14(3)). That consultation is where a sergeant most often meets the Regulations in real life.
Misconduct or gross misconduct: applying the threshold
The test is about severity, not a list. Gross misconduct is a breach of the Standards so serious as to justify dismissal; misconduct is a breach so serious as to justify disciplinary action short of that (reg 2(1)). Candidates who try to memorise a fixed list of 'gross misconduct offences' are solving the wrong problem. Apart from the indictable-only conviction rule above, the same underlying conduct can sit on either side of the line depending on context: intent, the harm caused, whether it is a pattern or a one-off, and the officer's own account.
The assessment made at the start drives everything that follows: whether the case can go to a misconduct meeting or a hearing, and so whether dismissal is a possible outcome (a meeting cannot dismiss; see the next sections). That is why the written notice given to the officer under regulation 17 has to state whether the conduct would, if proved, amount to misconduct or gross misconduct, and why the severity assessment can be revised at any time before proceedings start (reg 14(6)).
Two officers both arrive late for a briefing. One was late because of a genuine, verified emergency and explained at once; the other was late for the third time in a month with no explanation. The conduct looks identical, but the pattern, the honesty of the account and the operational impact mean they may sit on different sides of even the misconduct threshold, let alone gross misconduct. This is the kind of contextual reasoning exam questions test, rather than 'is lateness misconduct: yes or no'. The example is ours and illustrative only.
From allegation to outcome
The Conduct Regulations apply when an allegation comes to the attention of an appropriate authority indicating that an officer's conduct may amount to misconduct, gross misconduct or practice requiring improvement (reg 4(1)). Cases that involve the IOPC have extra layers in Schedule 3 to the Police Reform Act 2002 and the Complaints and Misconduct Regulations, which we do not reproduce. The ordinary internal path is this.
- Severity assessment (reg 14). Misconduct, gross misconduct or neither. If misconduct or gross misconduct, the matter must be investigated, and the authority also assesses whether any proceedings would be likely to be a meeting or a hearing. The assessment can be revised at any time before proceedings start.
- Investigator appointed (reg 15). Must have the right knowledge, skills and experience, must not be an interested party, and must not work under the management of the officer concerned.
- Written notice (reg 17). Subject to the harm test, the investigator gives the officer written notice of the conduct and how it is alleged to fall below the Standards, the investigator's identity, the severity assessment, whether proceedings would likely be a meeting or hearing, that dismissal leads to the police barred list with publication for up to 5 years, the right to advice from the staff association, the effect of the police friend and legal representation rules, and the warning that failing to mention something when interviewed may harm the officer's case. Since 13 July 2026 it also says, where relevant, that a charge with a listed offence will lead to automatic suspension.
- Investigation (regs 16 to 21). The officer can give a written or oral statement and documents within 10 working days of the terms of reference (reg 18). The officer must attend an interview (reg 20(8)). The investigator reports, giving an opinion on case to answer or no case to answer (reg 21).
- Referral decision (reg 23). On receiving the report the appropriate authority decides whether there is a case to answer, whether to bring proceedings and in what form. If no case to answer, it again assesses practice requiring improvement, Vetting, Performance or no further action, consulting the line manager.
- Notice of referral (reg 30), response (reg 31) and exchange of witnesses and documents (reg 32).
- Meeting, hearing or accelerated hearing, then a written report of the outcome (reg 43 or 63) and notice of the right of appeal.
Two further points to hold on to. First, the appropriate authority must decide before referral whether proceedings would prejudice any criminal proceedings (reg 10), and while it considers they would, no misconduct proceedings may take place. Second, the regulations still apply to a former officer in limited cases: where the officer left after the allegation came to attention, or within 12 months before it did, or later with an IOPC Condition C determination (reg 4(2) to (5)). Retiring or resigning is not a way out of a gross misconduct allegation.
Meeting, hearing or accelerated hearing
The form of proceedings is where candidates lose marks, because three things interact: the finding sought, the officer's disciplinary record, and the special conditions. Our fuller guides are misconduct meeting vs hearing and accelerated misconduct hearings.
| Point | Misconduct meeting | Misconduct hearing | Accelerated misconduct hearing |
|---|---|---|---|
| Used for | Misconduct only, where there is a case to answer and none of the hearing triggers apply (reg 23(10)(d)) | Gross misconduct (reg 23(10)(a)); misconduct where a final written warning was in force on the date of the severity assessment (reg 23(10)(b)); misconduct where the officer was reduced in rank less than 2 years before (reg 23(10)(c)) | Gross misconduct where the 'special conditions' are satisfied (reg 49) |
| Who conducts (officer below senior officer rank) | One person appointed by the appropriate authority: a police officer at least one rank higher, or unless operational policing is substantially involved, a more senior police staff member (reg 28(3)) | Panel of three: the chief officer of the force as chair (or a permitted delegate) and two lay members, advised by a legally qualified person (reg 28(4) to (5D)) | The chief officer of the force, or a permitted delegate, with no panel (reg 55(1)). Whether a legally qualified adviser sits is not confirmed (see Not Verified) |
| Public? | Private (reg 39(2)) | Public, subject to the chair's powers to exclude, set conditions and restrict publication (reg 39(1), (3)) | Public, subject to similar powers (reg 59) |
| Legal representation | No. Police friend only (reg 8(4)) | Yes, a relevant lawyer of the officer's choice (reg 8(1)) | Yes (reg 8(1)) |
| Who gives evidence | Witnesses only if the person conducting thinks it necessary in the interests of justice (reg 32(5)) | Same test (reg 32(5)) | Only the officer concerned gives evidence (reg 61) |
| Findings available | Misconduct or not | Misconduct, gross misconduct or neither (reg 41(15)) | Gross misconduct, or not (then dismiss the case or return to Part 4) (reg 62(8)) |
| Highest sanction | Final written warning (reg 42(2)) | Dismissal without notice (reg 42(3)) | Dismissal without notice (reg 62(1)) |
| Appeal | Internal appeal, 7 working days (reg 45) | Police Appeals Tribunal, 10 working days | Police Appeals Tribunal, 10 working days |
The hearing triggers (regulation 23(10))
- A case to answer for gross misconduct: the proceedings must be a hearing.
- A final written warning in force on the date of the severity assessment: a hearing, even for conduct that would otherwise be a meeting case.
- The officer was reduced in rank under the 2004 or 2020 Regulations less than 2 years before the severity assessment: a hearing.
- Otherwise, a case to answer for misconduct: a meeting.
The accelerated route and its special conditions
The appropriate authority may determine whether the special conditions are satisfied at any time after receiving the investigator's report, and since the 2025 amendments does not need the investigator to have said so first (reg 49(A1)). The conditions are that there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that the conduct constitutes gross misconduct, and that it is in the public interest for the officer to cease to be a police officer without delay (reg 49(2)). A decision to certify must be authorised by a senior officer where the appropriate authority has delegated it (reg 2(4)). If the conditions are met, the authority must certify and refer the case unless it considers certification inappropriate (reg 49(4)). Before the hearing it can send the case back to Part 4 if it considers the conditions are no longer met (reg 50). An accelerated hearing is not a lesser hearing: the sanctions are the same and the appeal goes to the Police Appeals Tribunal.
Who conducts and chairs proceedings
This is the trap most affected by recent change, so we set it out separately. For officers below the rank above chief superintendent (the Regulations call that rank a senior officer):
- Misconduct meeting: one person appointed by the appropriate authority. In the case of a police officer that is a member of a police force at least one rank higher, or, unless the case substantially involves operational policing matters, a police staff member who in the opinion of the appropriate authority is more senior than the officer (reg 28(1)(a), (3)). There is no panel.
- Misconduct hearing: a panel of three. The chair is the chief officer of police of the force concerned. Two lay members are appointed by the local policing body from lists, one with qualifications or experience relevant to disciplinary proceedings (reg 28(4), (4A)). A legally qualified person, appointed by the local policing body, advises the chair on legal and procedural issues when asked. The panel must have regard to that advice, and the advice goes to all parties (regs 28(5B) to (5D), 41(14A)). The legally qualified person is an adviser, not a member of the panel.
- Accelerated hearing: the chief officer of police, or a permitted delegate, conducts it (reg 55(1), reg 2(4A)). The legally qualified adviser provisions in regulation 55(4A) to (4C) are drafted by reference to the senior officer panel in regulation 55(4), so we do not say that an accelerated hearing for an officer below senior rank has a legally qualified adviser (see "What we could not verify").
- Delegation: the chief officer may delegate the chair or conduct of the proceedings to a senior officer, a former senior officer who last served as one no more than five years earlier, or, unless the case substantially involves operational policing matters, a police staff member of at least similar seniority to a senior officer (regs 2(4A) to (4D)). Where the appropriate authority delegated the accelerated certification, the person conducting the hearing must not be the senior officer who certified or authorised the certification (reg 2(4C)).
- Objections and conflicts: the officer can object in writing to the chair, meeting-holder or legally qualified person within 3 working days of being told the name (reg 30(3), (4)). Appointments are barred where there is a conflict of interest (reg 12A).
- IOPC input: where the IOPC and the force disagreed, the IOPC can make written representations within 10 working days (5 for an accelerated hearing) on whether the chief officer should delegate the chair to someone from another force, and the chief officer must have regard to them (regs 28(5E) to (5G), 55(4D) to (4F)).
- Senior officers (above chief superintendent) have a different panel: a chair from another force who is more senior than the officer, or for chief officers, HM Chief Inspector of Constabulary or an inspector they nominate (reg 28(5), (5A)).
Many older sources describe a legally qualified chair on every hearing panel. That model applied to hearings under the 2020 Regulations until the 2024 amendments came into force on 7 May 2024. It no longer applies to new cases for officers below senior rank. If an option says the chair of a misconduct hearing is the chief officer of the force concerned (or a permitted delegate), that matches the regulations as they now stand. A hearing for a case where a referral notice was already given before 7 May 2024 continues under the earlier rules.
Outcomes and how long warnings last
Regulation 42 sets the sanctions for meetings and hearings, and regulation 62 for accelerated hearings. For allegations coming to attention since 28 May 2025 the regulation says that once misconduct or gross misconduct is found, disciplinary action must be imposed (reg 42(1)).
| Where and what found | Outcome available | Provision |
|---|---|---|
| Misconduct meeting, misconduct found | Written warning or final written warning | reg 42(2) |
| Misconduct hearing, misconduct found | Written warning or final written warning. Reduction in rank or dismissal without notice only if a final written warning was in force on the date of the severity assessment, or the finding rests on more than one incident that is not closely factually connected | reg 42(3)(a), (5), (6) |
| Hearing or accelerated hearing, gross misconduct found | Dismissal without notice. A final written warning or reduction in rank only if the panel or chair is satisfied that exceptional circumstances justify it | reg 42(3)(b), reg 62(1) |
| Neither misconduct nor gross misconduct found | Refer to the reflective practice review process, or take no further action | reg 42(1A) |
| Accelerated hearing, gross misconduct not found | Dismiss the case, or return it to the appropriate authority to proceed under Part 4 | reg 62(8) |
| Item | Rule | Provision |
|---|---|---|
| Written warning | 18 months from the day it is notified | reg 42(9)(a) |
| Final written warning | 2 years from the day it is notified. At a hearing, or an accelerated hearing, the period can be extended to a maximum of 5 years | reg 42(9)(b), (10); reg 62(4) |
| Career break | Time on a career break does not count towards the period | reg 42(11); reg 62(5) |
| Written warning already in force | A further written warning must not be given | reg 42(7) |
| Final written warning already in force | Neither a written warning nor a final written warning may be given | reg 42(8) |
| Reduction in rank | Only where the decision-makers consider it appropriate, taking account of the appropriate authority's views including operational impact. Not available if the officer was reduced in rank under the 2004 or 2020 Regulations as at the date of the severity assessment | reg 42(12), (13) |
- Mitigation. The decision-maker must have regard to the officer's record of police service on the personal record, and must give the officer and the representative the chance to make representations on the level of action. Mitigation not raised earlier, when the officer could reasonably have been expected to raise it, can be given less weight (reg 42(14)).
- Reasons for not dismissing. Where gross misconduct is found but dismissal is not imposed, the report must give the reasons, and where the appropriate authority is not itself the local policing body, the local policing body must be sent a copy of the report (regs 43(1)(e), 43(5)(c)).
- Barred list. Dismissal at a hearing or accelerated hearing leads to the officer's name being added to the police barred list. See our guide to the police barred list.
- Publication. The hearing report must generally be published for at least 28 days, subject to the harm test and the chair's power to dispense (reg 43(6) to (10)).
- Sanctions in depth. See police misconduct sanctions explained.
The appropriate authority and the police friend
Appropriate authority
- The chief officer of police of the force concerned, or the local policing body where the officer concerned is a chief officer or acting chief officer (reg 2(1)).
- It may delegate functions to a police officer of at least the rank of inspector, or a police staff member of at least similar seniority (reg 2(3)).
- Suspension decisions under regulations 11 and 11A, and a decision to certify an accelerated case, must be authorised by a senior officer when delegated (reg 2(4)). Where those functions are delegated, a decision that the suspension condition is not met after an arrest, or questioning under caution, for a listed offence must be authorised by the chief officer, or an assistant commissioner in the Metropolitan Police (reg 2(4ZA)).
- For a hearing, the appropriate authority can delegate administration (not representing it at the hearing) to another force's chief officer (reg 26). The force of the officer is then the originating authority.
- At a hearing the authority may be represented by a relevant lawyer whether or not the officer is legally represented (reg 8(5)(b)). At a meeting it is represented by a police officer or staff member.
The police friend
- Who: a police officer, a police staff member, or a person nominated by the officer's staff association, who is not otherwise involved in the matter (reg 7(1)). For constables to chief inspectors the staff association is the Police Federation.
- What they can do: advise throughout; represent the officer at a meeting, hearing or appeal meeting unless the officer is legally represented and chooses a lawyer; make representations to the appropriate authority; and accompany the officer to any interview, meeting or hearing (reg 7(2)).
- What they cannot do: answer questions asked of the officer, in interviews or in proceedings (regs 20(9), 41(9)).
- Duty time: where the police friend is an officer or staff member, their chief officer must allow a reasonable amount of duty time (reg 7(3)).
- Written documents: notices can be given to the officer in person, by email or electronic means, by the police friend where agreed, or in another agreed way, with a deemed service rule: an email sent on a working day before 4.30pm is taken to be given that day, otherwise the next working day (reg 9).
For what Federation representation and legal cover look like in practice, see Federation representation and legal support.
Appeals and the Police Appeals Tribunal
There are two appeal routes and which one applies depends on the form of proceedings and the officer's rank. Our guide to the misconduct appeal process goes into the practicalities.
Internal appeal from a meeting (officers below senior rank)
- If the officer admitted the conduct amounted to misconduct, the appeal is against the disciplinary action only. If the officer denied it, the appeal can be against the finding and the action (reg 45(1)).
- The three grounds: the finding or action was unreasonable; there is evidence that could not reasonably have been considered at the meeting and could have materially affected the outcome; or there was a serious breach of the procedures or other unfairness that could have materially affected the outcome (reg 45(2)).
- Written notice to the appropriate authority within 7 working days of the report, stating the grounds and whether a meeting is requested (reg 45(3)).
- The appeal is decided by someone at least one rank above the person who held the meeting (or a more senior staff member). If the notice does not set out arguable grounds, it is dismissed. If it does and a meeting is requested, the appeal meeting must be within 5 working days (regs 45(4), (14), 46(2)).
- The person deciding can confirm or reverse the decision and can deal with the officer in any way the meeting could have (reg 47(1)).
Police Appeals Tribunal
- Who can appeal: an officer other than a senior officer against a finding of misconduct or gross misconduct at a misconduct hearing; a senior officer against a finding at a meeting or hearing; any officer against a gross misconduct finding at an accelerated hearing; and former officers in the same cases (PAT Rules, rules 4 and 6). Section 204 of the Crime and Policing Act 2026, in force from 29 September 2026, lets the Home Secretary make rules allowing a chief officer, a local policing body or the IOPC to appeal too (Police Act 1996 s.85(1A) to (1C)); we have not found such rules (see "What we could not verify").
- Admissions: no appeal lies to the tribunal against a finding made following the officer's acceptance that their conduct amounted to misconduct or gross misconduct (rule 4(3)).
- Grounds: unreasonable finding or decision; evidence that could not reasonably have been considered at the original hearing and could have materially affected the outcome; or a breach of procedure or unfairness that could have materially affected the outcome (rule 4(4)).
- Time: written notice to the local policing body within 10 working days beginning with the first working day after the officer is first supplied with the written decision (rule 9). A late notice survives only if the chair finds it was not reasonably practicable to give it in time and that it was given within a reasonable time afterwards (rule 10).
- Composition: three members. For officers below senior rank, Schedule 6 to the Police Act 1996 gives a chair who satisfies the judicial-appointment eligibility condition on a five-year basis, a senior officer and a lay person. The chair has a casting vote. The tribunal's decision is by simple majority and does not say whether it was unanimous.
- Chair's filter: the chair must dismiss an appeal or ground that has no real prospect of success, unless there is a compelling reason for it to proceed, after giving notice and 10 working days for written representations (rule 15).
- Hearing: in public for conduct appeals (rule 22). Representation by a relevant lawyer or police friend (rule 19). Witnesses only where the ground is new evidence (rule 13).
- Powers: under section 85(2) of the Police Act 1996 the tribunal can make any order dealing with the person to whom the appeal relates in any way the original decision-maker could have. Under rule 26 where a ground of new evidence or procedure is made out it may set aside and remit for a fresh panel.
Suspension: the July 2026 rewrite
The Police (Conduct and Vetting etc.) (Amendment) Regulations 2026 rewrote regulations 11 to 11H with effect from 13 July 2026, for allegations that came to attention on or after that date (SI 2026/653 reg 27: earlier allegations, and later ones tied to a matter still being handled under the old rules, stay under the previous regime). If your Manuals edition predates it, it will describe the previous regime. Our guide to suspension and restricted duties covers the practical side. The current text provides as follows.
- Duty to suspend: the appropriate authority must suspend the officer if the suspension condition is met and the officer is not already suspended. Suspension is with pay (reg 11).
- The suspension condition: effective investigation may be prejudiced unless the officer is suspended, or the public interest otherwise requires it. Before deciding, the authority must consider whether temporary redeployment to alternative duties or a different location is an appropriate alternative (reg 11(4), (5)).
- Notification and review: effective from notification, in writing with reasons or orally then confirmed in writing within 3 working days. The officer or police friend can make representations within 7 working days, and the authority must review within 12 weeks and every 12 weeks after (regs 11(6), 11A).
- Criminal investigation where gross misconduct is assessed: the authority must decide whether the condition is met within 3 working days (reg 11B).
- Arrest or questioned under caution for a listed offence: a decision within 3 working days (8 working days where a decision not to suspend has to be authorised by the chief officer or an assistant commissioner), and the public interest requires suspension unless there are exceptional circumstances. Where the function is delegated, a decision not to suspend must be authorised by the chief officer or, in the Met, an assistant commissioner (or above), and in any case the PCC or equivalent must be informed of it (regs 11C, 11D, 2(4ZA)). Schedule 3 lists the offences, including sexual offences under Part 1 of the Sexual Offences Act 2003 and stalking offences.
- Domestic abuse: the same approach applies where the authority makes a domestic abuse assessment (reg 11E), and charge with an offence involving domestic abuse leads to mandatory suspension with a one-off right to review (regs 11G, 11H).
- Charged with a listed offence: suspension is automatic or mandatory, and continues until the officer ceases to be charged because proceedings are discontinued or the officer is found not guilty (reg 11F).
Practice requiring improvement and reflective practice
Conduct below misconduct is not nothing: it goes through the reflective practice review process in Part 6, which the regulations say is not disciplinary proceedings. Our guide to the reflective practice review covers it in more detail.
- The reviewer is the line manager, another officer senior to the participating officer, or a more senior staff member in the opinion of the appropriate authority (reg 65(2)).
- Police friend rights are narrower: regulation 7(2)(b) to (d) does not apply (reg 66(1)).
- The officer is invited to give an account within 5 working days unless a longer period is agreed (reg 67(2)). There is a fact-finding stage, a discussion stage and a reflective review development report (regs 67 to 70).
- The report contains key actions with a time period and a review period, and is discussed as part of the officer's performance and development review in the 12 months after it is agreed (reg 70).
- An officer must not be prevented from applying for or obtaining promotion by taking part, and their account is not admissible in later disciplinary proceedings except for an admission relating to a matter not already under review (reg 66(3), (4)).
- A reviewer who thinks the officer is failing to engage can refer that failure to the appropriate authority for assessment under regulation 14 (reg 71).
- A report produced under regulation 70 must accompany the first-stage notice under the Performance Regulations where the matters are similar or connected (Performance Regs, reg 16(3)).
For how a conduct record affects your own promotion, see promotion and misconduct implications and can I be promoted with a misconduct finding?
Unsatisfactory performance: the Police (Performance) Regulations 2020
Chapter 3.18 covers performance and attendance. This is a short summary of the current Regulations, which were cut from three stages to two with effect from 28 May 2025 (for matters that came to the line manager's attention from that date; earlier matters stay under the old three-stage rules). Our guide to gross incompetence and unsatisfactory performance has more.
- Who: police officers up to chief superintendent. Not above that rank, and not probationer constables (reg 2(2)). Probationers are dealt with under regulation 13 of the Police Regulations 2003.
- Definitions: unsatisfactory performance or attendance is an inability or failure to perform the duties of the role or rank to a satisfactory standard or level (reg 4(2)). Gross incompetence is a serious inability or serious failure to perform the duties of the rank or role to a satisfactory standard or level, without taking attendance into account, to the extent that dismissal would be justified (reg 4(1)).
- First stage: the line manager may require the officer to attend a first stage meeting (reg 15), arranged by written notice that lists the possible outcomes and the police friend and staff association rights (reg 16). The line manager conducts it, with an HR professional or police officer able to advise (reg 17).
- If unsatisfactory: the officer is told what improvement is required and the period for it, which must be three months unless the line manager considers circumstances justify a longer, reasonable period not exceeding 12 months (reg 17(6A)). A written improvement notice follows, valid for 12 months from its date (reg 18(4)).
- Appeal from the first stage: to the appeal manager, on four grounds (unreasonable finding, unreasonable terms, new evidence, breach of procedure or unfairness) with notice within 7 working days and the appeal meeting within 7 working days of receiving the notice (reg 19).
- Second stage: if there is not sufficient improvement in the period, or it is not maintained during the rest of the validity period, the officer can be required to attend a second stage meeting (reg 30). It must be within 30 working days of notice (reg 38). The panel is a chair (above chief superintendent, or a senior HR professional) and two other members, including at least one police officer and one HR professional, each at least the officer's rank or equivalent (reg 34).
- Gross incompetence: where the appropriate authority decides performance constitutes gross incompetence, the officer can be required to attend a second stage meeting without a first stage meeting (reg 32). The right to be legally represented applies at a second stage meeting that the officer is required to attend under regulation 32, that is gross incompetence or an IOPC-directed case (reg 6(1)). At other second stage meetings the representative is a police friend.
- Outcomes: following a regulation 30 second stage: dismissal with notice (minimum 28 days), reduction in rank, redeployment, or in exceptional circumstances an extension of the improvement notice. For gross incompetence: dismissal with immediate effect, reduction in rank, a written improvement notice or redeployment (reg 46). No reduction in rank where the matter is attendance or the officer is a special constable.
- Appeal: from a second stage finding to the Police Appeals Tribunal (PAT Rules, rule 5), heard in private for performance appeals (rule 22(2)).
The September 2025 handbook's chapter list for the 2026 edition still includes a heading for the third stage. The September 2026 handbook's list for the 2027 edition does not: it runs from the first stage (3.18.9) to the second stage (3.18.10) and then to attendance at each stage (3.18.11). The statute has had two stages since 28 May 2025. If you are using a 2026 edition that describes a third stage, treat it as describing the earlier law.
Timeframes in one place
Timeframes are easy to examine, because a question can state a date and ask what happens next. All periods in the table are working days unless a different unit is stated. A working day excludes Saturdays, Sundays, Christmas Day, Good Friday and bank holidays in England and Wales (reg 2(1)). Many periods can be shortened by agreement (regs 22 and 48) or extended by the chair, and extensions need the interests of justice or exceptional circumstances.
| Step | Period | Provision |
|---|---|---|
| Investigator's progress update to the officer | Within 4 weeks of the notice, then every 4 weeks | reg 17(7) |
| Officer's statement and documents to the investigator | 10 working days from the terms of reference (the investigator can extend) | reg 18(1), (3) |
| Appropriate authority's decision after the investigator's report | As soon as practicable; if not made within 15 working days it must tell the officer why | reg 23(1), (11) |
| Report to the local policing body on a long investigation | After 12 months, then each further 6 months | reg 19(2) |
| Officer's response to a referral notice | 15 working days from the documents being supplied (can be extended for exceptional circumstances) | reg 31(1) |
| Objection to chair, meeting-holder or legally qualified person | 3 working days from being told the name | reg 30(4) |
| Misconduct meeting | Within 20 working days of the officer's response (or the end of the response period) | reg 34(1) |
| Hearing: chair decides on a pre-hearing | 5 working days after receiving the documents | reg 29(3) |
| Hearing: pre-hearing | Within 15 working days of the documents reaching the chair | reg 33(1) |
| Hearing: with no pre-hearing | Within 30 working days of the documents reaching the chair | reg 29(5) |
| Hearing: outer limit for the first day | 100 working days from the day after notice of referral under reg 30(1), extendable by the chair in the interests of justice | reg 29(2), (6) |
| Accelerated hearing: officer's response | 7 working days from the notice | reg 54(1) |
| Accelerated hearing: date | Not less than 10 and not more than 15 working days after the notice | reg 52(1) |
| Outcome report | 5 working days after the hearing or meeting (10 if a hearing chair delegates drafting to the legally qualified person) | reg 43(1), (1D); reg 63(1) |
| Internal appeal from a meeting | Notice within 7 working days of the report; appeal meeting within 5 working days of the arguable-grounds decision | reg 45(3), reg 46(2) |
| Notice of appeal to the PAT | 10 working days from the first working day after the officer is first supplied with the written decision | PAT Rules 2020, rule 9(1) |
| PAT hearing notice | At least 20 working days before the hearing (shorter by agreement) | PAT Rules, rule 18(1) |
| Performance: first-stage appeal notice | 7 working days; appeal meeting within a further 7 working days | Performance Regs, reg 19(5), (8) |
| Performance: second stage meeting | Within 30 working days of the notice | Performance Regs, reg 38(1) |
The traps
These are the places where we think a reasonably informed candidate is most likely to pick a wrong option. They are drawn from the text of the regulations and from older sources that no longer match them, not from knowledge of the exam paper.
| Trap | What the law says | Safe answer |
|---|---|---|
| Regulation 13 notice | Under the 2012 Regulations as made the formal notice was regulation 15. Under the 2020 Regulations it is regulation 17. Regulation 13 of the 2020 Regulations is not a notice provision (it deals with the application of Part 3). Older notes and some commercial material use other numbers | Use 17 |
| Special case hearing | Now 'accelerated misconduct hearing' | Use the 2020 term |
| Legally qualified chair | The legally qualified chair model ended for new cases from 7 May 2024. The chair is now the chief officer or a delegate, and a legally qualified person advises | Chief officer chairs; the LQP does not decide |
| Standard of proof | Balance of probabilities (reg 41(16)), not beyond reasonable doubt | Civil standard |
| Meeting versus hearing | The form depends on the finding sought and the officer's record (reg 23(10)). A meeting can never dismiss | Check for gross misconduct and a live final written warning first |
| Written warning length | 18 months, not 12. Final written warning 2 years, extendable to 5 only at a hearing or accelerated hearing | Memorise 18 months, 2 years, 5 years |
| Gross misconduct outcome | Dismissal without notice is the default. A final written warning or reduction in rank needs exceptional circumstances | Not a free choice |
| PAT time limit | 10 working days under the 2020 Rules (as under the 2008 and 2012 Rules), not the 21 days of the 1999 Rules | Count working days |
| Appeal after an admission | No PAT appeal against a finding made following the officer's acceptance (rule 4(3)). At a meeting, an officer who admitted can appeal only the disciplinary action (reg 45(1)(a)) | Admission narrows appeal rights |
| Police friend | Cannot answer questions for the officer (regs 20(9), 41(9)). Is not legal representation (reg 8). Must not be otherwise involved in the matter | Advises, represents, accompanies |
| Legal rights | Right to a lawyer at a hearing and an accelerated hearing, not at a meeting or an appeal meeting | Police friend only at a meeting |
| Performance stages | Three stages before 28 May 2025, two since (the change does not apply to matters that came to the attention of the line manager or a chief officer before that date, SI 2025/558 reg 65). The 2026 edition's chapter list (September 2025) still shows a 'Third Stage' heading; the 2027 list (September 2026) does not | Statute: two stages |
| Probationers | Probationer constables are outside the Performance Regulations (reg 2(2)(b)); their services can be dispensed with under regulation 13 of the Police Regulations 2003 | Different route |
| Reflective practice and promotion | Taking part in the reflective practice review process must not prevent promotion (reg 66(3)), and the officer's account is generally not admissible in later disciplinary proceedings (reg 66(4)) | It is not disciplinary action |
- 'Misconduct' has two meanings in the text. The definition in regulation 2(1) excludes regulation 23(2)(a) and the first mention in 23(2)(b), because in IOPC-linked cases those refer to the Police Reform Act 2002 meaning (paragraph 29 of Schedule 3). You are unlikely to be examined on that wrinkle, but you should know the definition is not universal.
- Dismissal 'with notice'. In the Conduct Regulations the disciplinary action is dismissal without notice. Dismissal with notice, with a minimum of 28 days, appears in the Performance Regulations for unsatisfactory performance.
- The investigator and the decision-maker are different people. The investigator gives an opinion on case to answer (reg 21), but the appropriate authority decides (reg 23).
- A matter can change form. The appropriate authority can revise the severity assessment at any time before proceedings start (reg 14(6)) and withdraw a case before it begins (reg 27). A case certified as accelerated can be remitted to Part 4 (reg 50).
Worked practice questions
Below are 4 original practice questions from our checked bank (not real or past exam questions), checked against legislation.gov.uk on 4 October 2026. The first two are about the Conduct Regulations directly. The third is the IOPC referral duty that sits with complaints and misconduct in the Manuals. The fourth shows how the Confidentiality Standard overlaps with criminal offences. If you like this format, our toolkit (we make it) has the rest of the bank in a timed sitting, and the free 20-question mini mock needs no payment. Mixed practice that includes these questions is covered in the sergeant exam revision plan.
Under the Police (Conduct) Regulations 2020, what distinguishes 'misconduct' from 'gross misconduct'?
Regulation 2 of the Police (Conduct) Regulations 2020 defines gross misconduct as a breach of the Standards of Professional Behaviour so serious as to justify dismissal (and, since 28 May 2025, conduct resulting in conviction of an indictable-only offence is taken to be such a breach). Misconduct is a breach so serious as to justify disciplinary action. Conduct below that level is 'practice requiring improvement', dealt with through the reflective practice review process. The severity assessment decides whether a case can go to a misconduct meeting or a misconduct hearing. Gross misconduct does not require a criminal offence and applies to all ranks.
Source: reg 2 Police (Conduct) Regulations 2020 (SI 2020/4), as amended
What is the purpose of a Regulation 17 notice under the Police (Conduct) Regulations 2020?
Regulation 17 of the Police (Conduct) Regulations 2020 requires the investigator, as soon as reasonably practicable after appointment (subject to the harm test), to give the officer written notice describing the alleged conduct and how it falls below the Standards of Professional Behaviour, the investigator's identity, the severity assessment (misconduct or gross misconduct) and whether any proceedings would be a meeting or a hearing, the barred-list consequence of dismissal, the right to seek advice from their staff association, and a warning that failing to mention when interviewed something later relied on may harm their case. Errors in the notice can undermine later proceedings.
Source: reg 17 Police (Conduct) Regulations 2020 (SI 2020/4), as amended
During a struggle on arrest, a man sustains a fractured wrist. No complaint has been made and there is no indication that any officer may have committed a criminal offence or behaved in a manner justifying disciplinary proceedings. The matter has come to the attention of the appropriate authority. Which statement is correct?
A fracture is a serious injury under s.29(1) of the Police Reform Act 2002, and an injury sustained while under arrest, or following contact with an officer that may have caused or contributed to it, is a DSI matter under s.12(2A) where there is no complaint or conduct matter. Paragraph 14C of Schedule 3 requires the appropriate authority to refer DSI matters to the IOPC (the Director General), and reg 9 of the Police (Complaints and Misconduct) Regulations 2020 sets the deadline at the end of the day following the day the matter first comes to its attention. A complaint is not needed.
Source: Police Reform Act 2002 ss.12(2A) and 29(1), Sch.3 para 14C; Police (Complaints and Misconduct) Regulations 2020 reg 9
An officer uses police systems, including the Police National Computer, to look up his ex-partner's new address for purely personal reasons, knowing he has no policing reason to do so. Considering the possible criminal offences, which statement is correct?
Knowingly or recklessly obtaining personal data without the controller's consent is an offence under s.170 DPA 2018, and s.196 makes it punishable by a fine only on summary conviction or on indictment. Unauthorised access to computer material under s.1 of the Computer Misuse Act 1990 is triable either way, with up to two years' imprisonment on indictment. Having a log-in does not authorise every use: whether a particular access is authorised depends on whether the person is entitled to, or has consent for, access of that kind.
Source: Data Protection Act 2018 ss.170 and 196; Computer Misuse Act 1990 ss.1 and 17(5)
Our bank has only two questions that are squarely on the Conduct Regulations, so we added two adjacent ones rather than stretch the topic. We left out questions that mention the Regulations only in an answer option. We found none on hearings, appeals or the Performance Regulations, which is one reason these notes spell those out in full.
Chapter map: Blackstone's chapters
The chapter numbers below are listed in Appendix A of the College's 2026 candidate handbook (September 2025) and its 2027 handbook (September 2026). They are the same in both, except that the 2027 list of chapter 3.18 drops the third stage heading, so its later sub-headings move up by one. The descriptions in the middle column are ours, based on the section titles; we have not read the chapter text. Both chapters are in Volume 3, General Police Duties.
| Blackstone's chapter | What it covers | Primary law |
|---|---|---|
| 3.17.1 Introduction | Introduction to the chapter | Police Reform Act 2002 ss.12, 29; Complaints and Misconduct Regs 2020 (see the DSI question above) |
| 3.17.2 The Standards of Professional Behaviour | The ten Standards | Conduct Regs reg 5, Schedule 2 |
| 3.17.3 The Appropriate Authority | Who the appropriate authority is, delegation | reg 2(1), (3), (4) |
| 3.17.4 The Role of the Police Friend | Who can act, what they can do, duty time | reg 7; reg 8 |
| 3.17.5 Misconduct Procedures | Severity assessment, investigation, notices, referral, reflective practice | regs 14 to 23; Part 6 |
| 3.17.6 Misconduct Proceedings | Meetings and hearings: panels, notices, outcomes, warnings | regs 24 to 44 |
| 3.17.7 Right of Appeal | Internal appeal from a meeting | regs 45 to 47 |
| 3.17.8 Accelerated Misconduct Procedures | Special conditions, hearing, outcomes | regs 48 to 64 |
| 3.17.9 Appeals to the Police Appeals Tribunal | Who may appeal, grounds, time limits, tribunal | PAT Rules 2020; Police Act 1996 s.85, Sch 6 |
| 3.18.1 to 3.18.17 Unsatisfactory Performance and Attendance (3.18.1 to 3.18.18 in 2026) | Applicability, informal intervention, first stage, second stage (the 2026 list also had a third stage heading), records, seconded officers, vicarious liability, other regulations, offences, health and safety | Performance Regs 2020; see the note on stages in the traps section |
| 3.16 Diversity, Equality and Inclusion (adjacent) | Equality law behind the Equality and Diversity Standard | Equality Act 2010 |
| 3.13 Information and Communications (adjacent) | Computer Misuse Act, Data Protection Act: the criminal side of the Confidentiality Standard | CMA 1990 s.1; DPA 2018 s.170 |
The exam tests only the law as it appears in the Manuals edition for the sitting. If you are sitting in October 2026 your edition is 2026; for the 2027 sittings it is 2027. See which Blackstone's edition to use. Related notes: use of force and human rights, PACE Code C and disclosure and CPIA.
Worked scenarios
Illustrative examples, not real cases. They apply the rules above and do not predict any decision.
Misconduct revision checklist
- Can recite the ten Standards from memory and knows which headings contain more than one expectation.
- Know the exact definitions of misconduct (justify disciplinary action) and gross misconduct (justify dismissal), and that indictable-only conviction is taken to be gross misconduct.
- Know the three possible severity assessments and what happens for each, including the line manager consultation.
- Can state the three hearing triggers (gross misconduct, live final written warning, reduction in rank within 2 years).
- Know who conducts a meeting, a hearing and an accelerated hearing, and that the chief officer or delegate chairs a hearing since 7 May 2024.
- Know the outcomes at each form and that a meeting cannot dismiss.
- Know 18 months, 2 years and the 5 year maximum, and that extension applies at a hearing.
- Know the police friend's role and what they cannot do.
- Know both appeal routes, the three grounds and the 7 and 10 working day limits.
- Know the two-stage Performance Regulations, the 3 month default improvement period and the 12 month notice.
- Checked chapters 3.17 and 3.18 of your own Manuals edition for the points flagged as changed.
- Done at least one timed set of mixed practice questions that includes General police duties items.
What we could not verify
- What each Manuals edition says. We did not read Blackstone's text. We cannot say whether the 2026 or 2027 edition reflects the 2024, 2025 or 2026 amendments, and the exam tests the edition for the sitting.
- Whether the 2026 edition's text describes two or three performance stages. Its contents list still shows a third stage heading; the 2027 list does not. The statute has two stages since 28 May 2025.
- Which edition the March 2026 breakdown relates to. The PDF does not say. Our count of 3 questions in these chapters is for that sitting only.
- Whether the accelerated hearing for a non-senior officer has a legally qualified adviser. Regulation 55(4A) to (4C) provides for a legally qualified adviser by reference to the paragraph (4) panel, which is the senior-officer panel, and regulation 63(1A) to (1D) is tied to that panel's chair. For an officer below senior rank, regulation 55(1) provides only that the chief officer (or a delegate) conducts the hearing. We have not confirmed whether an adviser is appointed in practice, so we do not claim one.
- Currency of the Police Appeals Tribunals Rules text. The legislation.gov.uk copy we read was marked as updated to June 2025. We did not check whether any later instrument amends them.
- Appeals by chief officers, local policing bodies or the IOPC. Section 204 of the Crime and Policing Act 2026 (in force 29 September 2026) inserted powers in section 85(1A) to (1C) of the Police Act 1996 to make rules for these appeals. On 5 October 2026 legislation.gov.uk showed no amendment to the Police Appeals Tribunals Rules 2020 using that power, so we describe only officer appeals. Section 197 of the same Act (an accelerated investigation procedure for criminal conduct) was still marked as prospective.
- IOPC and Complaints and Misconduct Regulations detail. We read regulation 9 for the DSI referral timing but did not work through the Police Reform Act 2002 Schedule 3 or the rest of the Complaints and Misconduct Regulations. Cases the IOPC handles follow a partly different path.
- College guidance and case law. We did not use College of Policing guidance on outcomes or published tribunal decisions as sources, and we cite no case law in this section.
Practise General Police Duties questions under time
Ranks, authorities and numbers are where marks go in this area. Try the free mini mock first; our toolkit (we make it, so weigh that accordingly) has the full checked question bank with timed sittings and progress tracking. Neither replaces the Manuals, which are the syllabus.
Other areas: the crime syllabus notes, the evidence and procedure syllabus notes and the road policing syllabus notes. For how misconduct affects a promotion application in practice, see promotion and misconduct.
Frequently Asked Questions
Which chapters are in the General Police Duties area?
Volume 3 of the 2027 Blackstone's Police Manuals has 22 chapters according to Appendix A of the College's 2027 candidate handbook. It starts with stop and search, entry, search and seizure, and powers of arrest (3.1 to 3.3), runs through mental health powers, land and premises, alcohol, protest, public order, football, domestic abuse, hate and harassment, information offences, administration of justice, terrorism, equality, complaints and misconduct, and unsatisfactory performance (3.4 to 3.18), and ends with four road policing chapters (3.19 to 3.22).
Is road policing a separate area of the sergeants exam?
No. The College's handbook names three areas: crime, evidence and procedure, and general police duties. Road policing is chapters 3.19 to 3.22 of the General Police Duties volume. We keep it in separate road policing syllabus notes only because it is a self-contained block of law.
Is misconduct really in the legal exam?
Yes. Complaints and misconduct (3.17) and unsatisfactory performance and attendance (3.18) are chapters of the General Police Duties volume, and they apply to both the sergeants' and inspectors' exams. In the March 2026 sergeants' breakdown we counted three of the 140 scored rows in those two chapters, a count for that sitting only.
What is the difference between reasonable grounds to suspect and reasonable grounds to believe?
In these chapters the statute uses both words deliberately, and the exam tests the difference. Suspicion is the lower threshold and is used for the offence (s.24(1) to (3)) and for the stop and search powers (s.1 PACE and s.23 Misuse of Drugs Act 1971). Belief is used for the necessity to arrest (s.24(4)), for the presence of the person on premises (s.17(2)(a)), and for the presence of evidence under s.32(6). Both must still be reasonable, meaning an objective basis that another person could accept (Code A para 2.2 and Code G para 2.3A).
Does a constable have to be sure that arrest is the only option?
No. Code G Note 2C says a constable need not be satisfied that there is no viable alternative to arrest, but should consider that arrest is the practical, sensible and proportionate option at the time. At least one of the six necessity reasons in s.24(5) must apply (Code G para 2.5), and it can never be necessary to arrest someone unless there are reasonable grounds to suspect them of an offence (Code G para 2.1).
Can an arrest be lawful if the person is not told why until later?
Only if the delay was as soon as practicable. Section 28(3) says no arrest is lawful unless the person is told the ground at the time or as soon as practicable afterwards, and s.28(4) says that applies to a constable even where the ground is obvious. The one statutory exception, in s.28(5), is where it was not reasonably practicable because the person escaped before the information could be given.
Can a member of the public arrest for any offence?
No. Under s.24A only for an indictable offence (which includes either-way offences), and only where the arrester has reasonable grounds for believing arrest is necessary for one of four reasons and it is not reasonably practicable for a constable to do it instead. The power does not apply to offences under Part 3 or Part 3A of the Public Order Act 1986 (s.24A(5)). Under s.24A(2) the power applies only where an indictable offence has in fact been committed.
Who can authorise a section 60 search, and for how long?
An officer of inspector rank or above, in writing, for a specified locality and a period not exceeding 24 hours (s.60(1) and (9)). A superintendent or above can extend it by a further 24 hours (s.60(3)). An inspector who gives an authorisation must cause a superintendent or above to be informed as soon as practicable (s.60(3A)). An oral authorisation is allowed only in the incident-has-happened case in s.60(1)(aa) where writing is not practicable (s.60(9ZA)).
Do officers need reasonable suspicion to search under section 60?
Not about the person or vehicle. Once an authorisation is in force, a constable in uniform may stop and search whether or not there are grounds for suspecting the person or vehicle is carrying weapons (s.60(4) and (5)). The suspicion-like threshold sits with the authorising officer, who must reasonably believe one of the conditions in s.60(1). The searching officer must still explain the power, the authorisation and the fact that it has been given (Code A para 3.8).
How long does a PACE search warrant last, and can it be used twice?
Entry and search under a PACE warrant must be within three months of issue (s.16(3)), and a warrant authorises one entry only unless it specifies multiple entries (s.15(5)). For second and later entries under a multiple-entry warrant, an inspector or above must authorise the entry in writing (s.16(3B)), and Code B para 6.3A adds that this is the prior written authority of an inspector not involved in the investigation. A Misuse of Drugs Act s.23(3) warrant is different: it lasts one month.
Which senior officer authorises a section 18 search?
An inspector or above, in writing (s.18(4)), unless the search is carried out before the arrested person is taken to a police station because their presence elsewhere is necessary for the effective investigation of the offence (s.18(5) and (5A)). In that case no prior authority is needed, but the constable must inform an inspector or above as soon as practicable (s.18(6)), and that officer records the grounds and the nature of the evidence sought (s.18(7)), in the custody record if the occupier is in police detention (s.18(8)).
What is the difference between a section 18 and a section 32 search?
Section 18 covers premises occupied or controlled by a person arrested for an indictable offence, for evidence of that offence or a connected or similar indictable offence, on reasonable grounds for suspecting it is there. Section 32(2)(b) covers premises where the person was when arrested or immediately before, for evidence relating to the arrest offence only, on reasonable grounds for believing it is there. Section 18 normally needs inspector authority in writing, and s.32 does not.
Can officers seize things that are not named in the warrant?
Yes, if another power applies. A constable lawfully on premises may seize anything on the premises under s.19(2) or (3) if they have reasonable grounds for believing it was obtained in consequence of an offence or is evidence of an offence, and it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed. Items the constable reasonably believes to be subject to legal privilege cannot be seized under any power (s.19(6)).
Can officers keep seized property for the whole of a trial?
Only as long as necessary in all the circumstances (s.22(1)), and not for evidence or forensic examination if a photograph or copy would be sufficient (s.22(4)). Retention of items seized because they might cause injury, damage property, interfere with evidence or help an escape ends when the person is no longer in police detention or court custody, or is on bail (s.22(3)).
Is a person who attends voluntarily for interview free to leave?
Yes. Under s.29 a person who attends voluntarily, or accompanies a constable, to help with an investigation is entitled to leave at will unless arrested, and must be informed at once that they are under arrest if a decision is taken to prevent them leaving. Code G Note 2G says that the possibility they might leave during the interview is not a valid reason to arrest them on arrival before the interview starts.
Do these notes cover everything in Blackstone's chapters 3.1 to 3.3?
No. It covers the powers the exam most plausibly turns on and the traps in them. The Manuals also cover other arrest powers, arrest under warrant, terrorism-related search powers, search registers and more, and the exam tests the law only as it appears in the Manuals edition for the sitting. Use this page to organise your revision and the chapter map below to find the rest.
How many people do you need for riot, violent disorder and affray?
Riot needs 12 or more people present together using or threatening unlawful violence for a common purpose (s.1). Violent disorder needs three or more present together (s.2), with no common purpose requirement. Affray can be committed by one person (s.3(1)); where two or more are involved their conduct is considered together (s.3(2)). The 12 and three count people who use or threaten violence, not onlookers.
Who is guilty of riot if 12 people are involved but only some use violence?
Section 1(1) makes only 'each of the persons using unlawful violence for the common purpose' guilty of riot. People who only threaten violence count towards the 12 but are not themselves guilty of riot, although they can be guilty of violent disorder under s.2. A riot prosecution needs the consent of the Director of Public Prosecutions (s.7(1)).
Who has to be present at the scene for these offences?
Nobody has to be. Sections 1(4), 2(3) and 3(4) say that no person of reasonable firmness need actually be, or be likely to be, present at the scene. The test is hypothetical: would the conduct, taken together, cause a person of reasonable firmness, if present, to fear for their personal safety. A victim is not needed for riot or violent disorder, though affray requires violence used or threatened 'towards another'.
Can words alone amount to affray?
No. Section 3(3) states that for affray a threat cannot be made by the use of words alone. Some conduct beyond words is needed, such as brandishing something or advancing. Threatening words with the right intent can still be an offence under s.4, and the court can convict of s.4 as an alternative where a jury acquits of affray (s.7(3)).
Was 'insulting' removed from section 5, and has anything changed since?
Yes. The Crime and Courts Act 2013 removed 'insulting' from s.5 (and from s.6(4)) with effect from 1 February 2014. Section 5 now covers threatening or abusive words or behaviour, disorderly behaviour, and threatening or abusive writing, signs or visible representations. On 4 October 2026 legislation.gov.uk showed no later change and no outstanding changes to s.5. 'Insulting' remains in ss.4 and 4A.
What is the penalty for each of ss.4, 4A and 5?
Sections 4 and 4A: summary only, up to six months' imprisonment, a fine up to level 5, or both. Section 5: a fine not exceeding level 3, with no imprisonment. The racially or religiously aggravated versions of ss.4 and 4A carry up to six months on summary conviction or up to two years on indictment (Crime and Disorder Act 1998 s.31(4)); the aggravated s.5 offence is a fine up to level 4.
Does an officer have to give a warning before arresting for section 5?
Nothing in ss.1 to 5 requires a warning. An older arrest power in s.5 that depended on a warning was repealed on 1 January 2006 by the Serious Organised Crime and Police Act 2005. An arrest for any of these offences now has to satisfy the general power in s.24 PACE, including the necessity reasons. Warnings remain good practice for dealing with the conduct, but they are not an element of s.5.
What is the mens rea for the public order offences?
Section 6 sets it out. Riot: intends to use violence or is aware that conduct may be violent. Violent disorder and affray: intends to use or threaten violence or is aware that conduct may be violent or threaten violence. Section 4 and s.5: intends the words or behaviour to be threatening, abusive or insulting (threatening or abusive for s.5), or is aware they may be, and for s.5 disorderly behaviour likewise. Section 4A requires intent to cause harassment, alarm or distress. Self-induced intoxication does not remove awareness (s.6(5)).
Is breach of the peace an offence?
No. It is not itself a criminal offence in England and Wales. The common law gives a power to arrest or otherwise act to prevent or stop a breach of the peace, and magistrates can bind a person over. The exam definition comes from R v Howell [1982]: harm done or likely to be done to a person, or to their property in their presence, or a person in fear of such harm.
Is public nuisance still a common law offence?
No. Section 78 Police, Crime, Sentencing and Courts Act 2022 abolished the common law offence (s.78(6)) and replaced it with a statutory offence of intentionally or recklessly causing public nuisance, in force from 28 June 2022. It carries up to 10 years on indictment. The statutory offence applies only to acts or omissions after commencement, and 'reasonable excuse' is a defence the accused must prove.
Who can impose conditions on a procession or assembly?
A 'senior police officer' under ss.12(2) and 14(2): for an event being held, the most senior in rank present at the scene or (in England and Wales, since 29 June 2026) an officer authorised by the chief officer (for a procession, this also covers one intended to be held where people are already assembling for it); otherwise, for an event intended to be held, the chief officer of police, who must give directions in writing. Prohibition of processions under s.13 is a separate power: outside London the chief officer applies to the council, and in London the Commissioner makes the order, in each case with the Secretary of State's consent.
Did the 2026 legislation change how serious disruption is assessed?
Yes. The Crime and Policing Act 2026 inserted ss.12(2BA) to (2BC) and 14(2BA) to (2BC), in force from 29 June 2026, requiring the senior police officer to take into account relevant cumulative disruption, including other processions and assemblies in the same area. That is after the 2026 edition of the Manuals was published (the 2026 candidate handbook says changes in law after publication are included in a paper only in exceptional circumstances and with prior notification), so check chapter 3.8.4 in the edition for your sitting and any College notice for it.
How much of the exam is public order?
The College does not state a weighting for a topic. In the March 2026 sergeants' subject area breakdown we counted five rows under the skill 'Public order offences' (affray, breach of the peace, fear or provocation of violence, harassment alarm or distress, and violent disorder) and one 'Locking on' row under 'Processions and assemblies', out of 140. That is a count for that sitting only, and the College warns against using it to predict a future paper.
What is the difference between misconduct and gross misconduct?
Both are breaches of the Standards of Professional Behaviour. Regulation 2(1) of the Police (Conduct) Regulations 2020 defines misconduct as a breach so serious as to justify disciplinary action, and gross misconduct as a breach so serious as to justify dismissal. Conduct that falls below both is practice requiring improvement. For allegations coming to attention since 28 May 2025, a conviction for an indictable-only offence is taken to be gross misconduct.
Does a criminal conviction automatically mean gross misconduct?
Only a conviction for an indictable-only offence. For allegations coming to attention since 28 May 2025, regulation 2(1) treats conduct that has resulted in conviction of an indictable-only offence as a breach so serious as to justify dismissal. For any other conviction the severity test still applies to the conduct itself: would the breach, if proved, justify disciplinary action, dismissal, or neither.
What is a regulation 17 notice?
The written notice the investigator gives the officer under regulation 17 of the Police (Conduct) Regulations 2020, subject to the harm test. It sets out the conduct and how it is alleged to fall below the Standards, the severity assessment, whether any proceedings would be likely to be a meeting or a hearing, the officer's rights to advice and representation, and the warning that failing to mention something when interviewed may harm their case. Under the 2012 Regulations the equivalent was regulation 15.
What are the Standards of Professional Behaviour?
There are ten, set out in Schedule 2 and applied by regulation 5: 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. The use of force Standard was reworded with effect from 30 June 2026, with transitional rules for earlier allegations.
Who is the appropriate authority?
Under regulation 2(1) it is the chief officer of police of the force concerned, or the local policing body where the officer concerned is a chief officer or acting chief officer. The appropriate authority can delegate functions under regulation 2(3) to an inspector or above, or a police staff member of at least similar seniority. Where those functions are delegated, some decisions, such as the suspension condition and certifying an accelerated case, must be authorised by a senior officer (a rank above chief superintendent).
Who chairs a misconduct hearing?
For an officer below senior rank, the chair is the chief officer of police of the force concerned, or a delegate who is a senior officer, a former senior officer who last served as one within the previous five years, or a senior police staff member (unless the case substantially involves operational policing matters). Two lay members complete the panel and a legally qualified person advises. This applies since 7 May 2024 to cases where the officer had not already been given a referral notice. Senior officers are dealt with by a different panel with a chair from another force.
Can a misconduct meeting dismiss an officer?
No. The only outcomes at a meeting are a written warning or a final written warning (regulation 42(2)), or, if misconduct is not found, a reflective practice referral or no further action. Dismissal and reduction in rank are available only at a hearing, or an accelerated hearing for gross misconduct. If a final written warning is in force when the severity assessment is made, the case must go to a hearing.
What is an accelerated misconduct hearing?
It is a faster hearing for gross misconduct cases where the appropriate authority certifies that the special conditions are met. Those are sufficient evidence in written statements or other documents to establish gross misconduct on the balance of probabilities, and that it is in the public interest for the officer to cease to be a police officer without delay (regulation 49(2)). The hearing takes place 10 to 15 working days after notice, and only the officer concerned can give evidence.
Who can be a police friend?
The officer chooses a police officer, a police staff member or a person nominated by their staff association, who is not otherwise involved in the matter (regulation 7(1)). The police friend can advise, represent the officer at a meeting, hearing or appeal meeting unless the officer has a lawyer, make representations and accompany the officer. They cannot answer questions put to the officer. If they are an officer or staff member their chief officer must allow reasonable duty time.
How long do I have to appeal to the Police Appeals Tribunal?
Written notice must reach the local policing body within 10 working days, beginning with the first working day after the officer is first supplied with the written decision (PAT Rules 2020, rule 9(1)). A late notice can be accepted only if the chair decides it was not reasonably practicable to give it in time and that it was given within a reasonable time afterwards (rule 10). Appeals from a misconduct meeting do not go to the PAT. They go to an internal appeal under regulation 45, with notice within 7 working days.
Who sits on a Police Appeals Tribunal?
For an officer below senior rank, Schedule 6 to the Police Act 1996 provides three members: a chair who satisfies the judicial-appointment eligibility condition on a five-year basis (from the Lord Chancellor's nominated list), a senior officer and a lay person. The chair has a second or casting vote if votes are equal. For senior officers the tribunal differs: it includes HM Chief Inspector of Constabulary or an inspector nominated by them, and a Home Office official.
What is the standard of proof in police misconduct proceedings?
The balance of probabilities. Regulation 41(16) says the panel or person conducting must not find misconduct or gross misconduct unless satisfied on the balance of probabilities, or the officer admits it. The panel can also draw proper inferences where an officer fails to mention a fact later relied on, which is why the regulation 17 notice includes a warning about that.
How many stages are there in the Police (Performance) Regulations 2020 now?
Two. The first stage is a meeting with the line manager, which can lead to a written improvement notice valid for 12 months and a default improvement period of three months (up to 12 if justified). The second stage is a meeting before a panel. The third stage was removed with effect from 28 May 2025 by SI 2025/558, but not for matters that came to the line manager's attention before that date. Gross incompetence goes straight to a second stage meeting without a first stage.
Will the exam test the 2024 to 2026 amendments?
The College says the exam tests only the law as it appears in the Manuals edition for the sitting, and law changing after publication is examined only if the College gives notice. We cannot see which of these amendments each edition of the Manuals reflects. Learn the current statute for the structure, then check what your edition's chapters 3.17 and 3.18 say on any point that has changed since 2024.
Does a reflective practice review stop me being promoted?
No. Regulation 66(3) says a participating officer must not be prevented from applying for or obtaining a promotion by reason of taking part. The process is not disciplinary proceedings, the reviewer is the line manager or someone more senior, and the officer's account is generally not admissible in later disciplinary proceedings. The officer must provide any account within 5 working days of the invitation unless a longer period is agreed.
How much of the sergeants exam is misconduct and performance?
In the College's March 2026 sergeants' subject breakdown, we counted three of the 140 scored rows in these chapters: two under Complaints and misconduct (misconduct procedures and right of appeal) and one under Unsatisfactory performance and attendance (the first stage). That is that sitting only, and the College warns not to use a breakdown to predict future papers. Treat it as a reason to learn the chapters cleanly, not as a weighting.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 4 to 19 October 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.
- College of Policing: NPPF step two legal examinations candidate handbook 2027 (PDF, September 2026) : read 19 October 2026. 'Examination structure and syllabus': 150 multiple-choice questions testing three areas (crime, evidence and procedure, and general police duties), drawn only from the 2027 Blackstone's Police Manuals. Appendix A: the chapter list for Volumes 1 to 3 used for the area tables and the 2027 chapter numbers on this page; all areas apply to both the sergeants' and inspectors' exams except chapter 1.8 (sergeants only) (accessed 4 to 19 October 2026)
- College of Policing: NPPF step two candidate handbook 2026 (PDF, September 2025), Appendix A : the 2026 edition chapter list, compared with the 2027 list on 19 October 2026: the same three areas and the same chapter numbers for the topics on this page, except theft (1.14 in 2026, 1.15 in 2027), fraud (1.15 to 1.16), the Actus Reus sub-headings, chapter 2.2's title and the 3.18 third stage heading. Also: Blackstone's 2026 edition chapter list: Volume 3 chapters 3.1 Stop and Search, 3.2 Entry, Search and Seizure, 3.3 Powers of Arrest and their sub-headings (handbook pages 53 to 55); 2.1 and 2.2 sub-headings; the 2027 handbook Appendix A could not be opened. Also: the list of Blackstone's 2026 chapters used in the chapter map (3.8 and 3.9). Chapter numbers for the 2027 edition were not verified. Also: Blackstone's 2026 edition chapter list: 3.17 Complaints and Misconduct (3.17.1 to 3.17.9) and 3.18 Unsatisfactory Performance and Attendance (3.18.1 to 3.18.18), both in Volume 3 General Police Duties 2026 (accessed 4 to 19 October 2026)
- legislation.gov.uk: Police and Criminal Evidence Act 1984, sections 1, 2, 3, 8, 15, 16, 17, 18, 19, 22, 24, 24A, 28, 29, 30, 30A, 30B, 32 : opened 4 October 2026 as in force; every section number, rank, time limit and 'suspecting' or 'believing' wording on this page was checked against these sections (the URL pattern is the same for each section). Section 1 now also covers corrosive substances and certain fireworks, and s.1(8) includes the protest-related offences added by the Public Order Act 2023 (accessed 4 to 19 October 2026)
- legislation.gov.uk: Criminal Justice and Public Order Act 1994, sections 60, 60AA and 61 : s.60 authorisation grounds, inspector rank, 24 hours, superintendent extension, informing a superintendent, writing, no-suspicion search in uniform, one-month or level 3 penalty for failing to stop, 12-month written statement; s.60AA face coverings. The page shows s.60(9B) inserted 29 June 2026 by the Crime and Policing Act 2026 for the Ministry of Defence Police, which does not change the points here (accessed 4 to 19 October 2026)
- legislation.gov.uk: Misuse of Drugs Act 1971, section 23 : s.23(2) search on reasonable grounds to suspect possession of a controlled drug, with no authorisation requirement; s.23(3) warrant from a justice of the peace, valid within one month (accessed 4 to 19 October 2026)
- legislation.gov.uk: Public Order Act 2023, sections 11 and 12 : inspector's authorisation for suspicionless stop and search for protest-related prohibited objects, up to 24 hours, superintendent extension for a further period not exceeding 24 hours (s.11(5)); section 12 for writing and informing a superintendent (accessed 4 to 19 October 2026)
- GOV.UK: PACE Code A (stop and search), December 2023 edition : paras 2.2, 2.2A, 2.2B, 2.9 to 2.11, 2.12 to 2.14C, 3.5 to 3.9, 4.3A and Notes 1 and 10 to 12 as quoted; the GOV.UK codes index lists this as the current Code A (accessed 4 to 19 October 2026)
- GOV.UK: PACE Code B (entry, search and seizure), 2023 edition : paras 3.1, 3.4, 3.8, 4.1 to 4.3, 5.1 to 5.3 and Note 5A, 6.1 to 6.3B, 6.5, 6.7 (accessed 4 to 19 October 2026)
- GOV.UK: PACE Code G (statutory power of arrest), 2012 : paras 1.2, 2.1 to 2.9, 3.3 to 3.6, 4.1; Notes 2A, 2C, 2D, 2F, 2G, 2H, 2I and 3. The GOV.UK codes index lists Code G 2012 as current (accessed 4 to 19 October 2026)
- GOV.UK: PACE codes of practice index : confirms which edition of each Code is current as at 4 October 2026 (Code A 2023, Code B 2023, Code G 2012) (accessed 4 to 19 October 2026)
- College of Policing: NPPF sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) : 140 rows, one per scored question; we counted the rows under the General police duties skills Entry, search and seizure (5), Powers of arrest (4) and Stop and search (3); the College says the breakdown is valid only for March 2026. Also: our count of rows: five under 'Public order offences' and one 'Locking on' row under 'Processions and assemblies'. A count of that sitting only; the College says it should not be used to predict future papers. Also: we parsed 140 rows (Crime 60, Evidence and procedure 31, General police duties 49) and counted 2 under Complaints and misconduct and 1 under Unsatisfactory performance and attendance; the College says the breakdown is valid only for that sitting (accessed 4 to 19 October 2026)
- legislation.gov.uk: Public Order Act 1986 ss.1 to 8 (Part I) : opened section by section on 4 October 2026 (latest revised). Riot s.1, violent disorder s.2, affray s.3, s.4, s.4A, s.5, mens rea s.6, procedure s.7, interpretation s.8. Section 5 'or abusive' substitution 1 February 2014; s.5(4) and (5) repealed 1 January 2006; no outstanding effects shown on ss.1 to 8 (accessed 4 to 19 October 2026)
- legislation.gov.uk: Public Order Act 1986 ss.11 to 14 and s.16 (Part II) : s.11 notice (6 clear days), s.12 and s.14 conditions, s.13 prohibition, definitions in s.16. Section 12 and s.14 as amended by the Police, Crime, Sentencing and Courts Act 2022 (28 June 2022) and the Crime and Policing Act 2026 (29 June 2026). Sections 12 and 14 listed unapplied effects only for the Criminal Justice Act 2003 (51 weeks wording, not yet commenced; until then 51 weeks reads as 6 months under ss.12(10A) and 14(10A)), rechecked 5 October 2026. Section 16 definition of public assembly: two or more persons in England and Wales (accessed 4 to 19 October 2026)
- legislation.gov.uk: Crime and Courts Act 2013 s.57 : the removal of 'insulting' from s.5, commenced by S.I. 2013/2981 on 1 February 2014 (commencement reference taken from the amendment note on s.5 itself) (accessed 4 to 19 October 2026)
- legislation.gov.uk: Crime and Disorder Act 1998 s.31 : racially or religiously aggravated ss.4, 4A and 5 and their maximum penalties. The page lists amendments to s.31(1) and (7) by the Crime and Policing Act 2026 s.145(6) that were not applied to the text on 4 October 2026. Section 145 is shown as prospective: it is not in force and legislation.gov.uk showed no commencement date appointed (accessed 4 to 19 October 2026)
- legislation.gov.uk: Police, Crime, Sentencing and Courts Act 2022 s.78 : statutory public nuisance offence, abolition of the common law offence, 10 years on indictment, in force 28 June 2022 (accessed 4 to 19 October 2026)
- legislation.gov.uk: Sentencing Act 2020 s.224 : the general limit on magistrates' court imprisonment: 6 months for summary offences and 12 months for either-way offences (accessed 4 to 19 October 2026)
- Police (Conduct) Regulations 2020, SI 2020/4, latest revised version, legislation.gov.uk : definitions (reg 2), appropriate authority and delegation, police friend (reg 7), legal representation (reg 8), suspension (regs 11 to 11H), severity assessment (reg 14), notices (reg 17), referral (reg 23), panels (reg 28), timings (regs 29 to 34), outcomes (reg 42), internal appeal (regs 45 to 47), accelerated hearings (regs 49 to 63), reflective practice (regs 65 to 71), Schedules 2 and 3. The database showed this version as updated to July 2026; we read the whole text on 4 October 2026 (accessed 4 to 19 October 2026)
- Police (Conduct) (Amendment) Regulations 2024, SI 2024/521 : in force 7 May 2024; chief officer chairs hearings, delegation, lay members, legally qualified person, transitional provision for cases already referred (accessed 4 to 19 October 2026)
- Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025, SI 2025/558 : in force 28 May 2025; explanatory note: indictable-only conviction always gross misconduct, disciplinary action must be imposed, dismissal unless exceptional circumstances, accelerated referral without an investigator's statement, email service, former officers, Performance Regulations reduced to two stages (accessed 4 to 19 October 2026)
- Police (Conduct) (Amendment) Regulations 2026, SI 2026/597 : in force 30 June 2026; new use of force Standard wording and the transitional provision for earlier allegations (accessed 4 to 19 October 2026)
- Police (Conduct and Vetting etc.) (Amendment) Regulations 2026, SI 2026/653 : in force 13 July 2026; suspension regime and the listed offences in Schedule 3 (accessed 4 to 19 October 2026)
- Police (Performance) Regulations 2020, SI 2020/3, latest revised version : application and exclusions (reg 2), gross incompetence definition (reg 4), police friend (reg 5), first stage (regs 15 to 21), second stage (regs 30 to 46), panel (reg 34), outcomes (reg 46); the database showed this version as updated to August 2026 (accessed 4 to 19 October 2026)
- Police Appeals Tribunals Rules 2020, SI 2020/1 : who may appeal and grounds (rules 4 to 6), 10 working day notice (rule 9), late notice (rule 10), review (rule 15), hearing notice (rule 18), public hearings (rule 22), determination and remittal (rule 26). The version we read showed the database as updated to June 2025 (accessed 4 to 19 October 2026)
- Police Act 1996, section 85 and Schedule 6 (police appeals tribunals) : tribunal membership (chair on a five-year judicial eligibility basis, senior officer, lay person), casting vote, tribunal's power to make any order the original decision-maker could have made (accessed 4 to 19 October 2026)
- Police Reform Act 2002, sections 12 and 29; Police (Complaints and Misconduct) Regulations 2020, regulation 9 : DSI matters, the definition of serious injury (including a fracture), and referral to the IOPC without delay and in any event by the end of the day following the day the matter first comes to the appropriate authority's attention (accessed 4 to 19 October 2026)
- Data Protection Act 2018 sections 170 and 196; Computer Misuse Act 1990 section 1 : used to check the practice question on misuse of police systems: the section 170 offence carries a fine only; section 1 CMA carries up to 2 years on indictment (accessed 4 to 19 October 2026)
- Police Regulations 2003, regulation 13 (discharge of probationer) : probationer constables' services can be dispensed with during probation; probationers are outside the Performance Regulations (accessed 4 to 19 October 2026)
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PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, syllabus editions and prices change, so check the College of Policing's current candidate handbook and exam pages before you register or buy. Practice material on this site is original and is not real exam content. Details apply to England and Wales unless stated. Details are as checked on 4 to 19 October 2026.