Sergeants Exam
Misconduct Regulations
This is a revision guide to Blackstone's 2026 chapters 3.17 (Complaints and Misconduct) and 3.18 (Unsatisfactory Performance and Attendance). It takes the Police (Conduct) Regulations 2020 and the Police (Performance) Regulations 2020 as they stand on legislation.gov.uk, flags the 2024 to 2026 amendments, and lists the traps that catch candidates. It is original revision material, not real exam content.
Independent information, not advice · Sources checked 4 October 2026 · England and Wales unless stated
Know the ten Standards (Schedule 2), the three-way severity assessment (misconduct, gross misconduct or neither), and which form of proceedings follows: a private meeting for misconduct (maximum final written warning), a public hearing chaired by the chief officer or a delegate for gross misconduct or an officer with a live final written warning, and an accelerated hearing where the special conditions are met. Add the outcome ladder, warning lengths (18 months, 2 years, up to 5), the police friend, the 7 working day internal appeal and the 10 working day Police Appeals Tribunal appeal, plus the two-stage Performance Regulations. Several of these changed in 2024 and 2025, so check your Manuals edition.
Misconduct regulations for the sergeants exam at a glance
This page is part of our series of topic revision pages for the sergeants' legal exam. It covers 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. For the wider exam, see the sergeant exam explained and how to pass the sergeants exam.
| 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. This page describes 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. Our earlier page on the legal threshold between misconduct and gross misconduct covers how to think about it 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.
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. We cannot tell from the contents list whether the text of the chapter describes two stages or three. The statute has had two since 28 May 2025. If your edition describes a third stage, treat it as describing the earlier law and be ready to see either in a question stem that does not name a year.
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, so check what your edition says | 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 practice questions on this topic from our own bank. They are original practice questions, not real or past exam questions, and they are not endorsed by the College of Policing. We checked each one against legislation.gov.uk on 4 October 2026 and the shown text is pulled live from the bank. 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 this page spells those out in full.
Chapter map: Blackstone's 2026 edition
The chapter numbers below are Blackstone's 2026 edition chapters as listed in the College's 2026 candidate handbook, Appendix A (September 2025). We could not open the 2027 handbook's Appendix A, so we have not verified the 2027 edition's numbering. These are not 2027 numbers: check the contents page of your own edition before you rely on a number. 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 2026 chapter | What it covers | Primary law on this page |
|---|---|---|
| 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 3.18.18 Unsatisfactory Performance and Attendance | Applicability, informal intervention, first stage, second stage, 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 topic revision pages: our use of force and human rights page, 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.
- 2027 chapter numbering. The chapter numbers are from the 2026 handbook's Appendix A (September 2025). We could not open the 2027 handbook's appendix, so 2027 numbering is unverified.
- Whether the 2026 edition's text describes two or three performance stages. Its contents list still shows a third stage heading. 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 on this page.
- How the exam will test it. The College does not publish how many questions will be on this topic. The March 2026 count of three is that sitting only.
Frequently Asked Questions
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.
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 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.
- 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 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 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 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 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 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 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 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 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 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 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 October 2026)
- College of Policing: NPPF step two legal examinations candidate handbook 2026 (PDF, September 2025), Appendix A — 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 October 2026)
- College of Policing: NPPF sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) — 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 October 2026)
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Disclaimer
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 October 2026.