Police Misconduct Explained

The misconduct framework rests on the Police Reform Act 2002 (which created the complaints architecture and the IOPC and its predecessors) and the Police (Conduct) Regulations 2020 (which set out the procedural detail: the ten Standards, the two levels, the meeting and hearing process, and the outcomes). The 2020 Regulations introduced the civil standard of proof, a legally qualified chair for gross misconduct hearings, and enhanced public access to hearings. The College of Policing publishes statutory guidance on outcomes which decision-makers must have regard to.

Set out in Schedule 2 to the Police (Conduct) Regulations 2020. Every officer is bound by all ten at all times, including off duty. A breach of any one can trigger misconduct proceedings. They are not a hierarchy.

• 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 (on or off duty)
• Reporting improper conduct (silence is itself a breach)

Misconduct is a breach serious enough to justify disciplinary action. Maximum outcome: a final written warning. Heard at a misconduct meeting chaired by a superintendent. Gross misconduct is a breach serious enough to justify dismissal. Heard at a misconduct hearing chaired by a legally qualified person, before a panel that includes a senior officer and a lay member. Dismissal is the expected outcome unless there are exceptional circumstances justifying a lesser one.

Either from a public complaint recorded under the Police Reform Act 2002 which on investigation discloses a possible breach, or from a conduct matter identified by the force without a public complaint. A severity assessment under Regulation 14 then determines whether the conduct, if proved, would be misconduct or gross misconduct. The officer is told the allegation, the assessment, and their rights including legal representation.

• Misconduct meeting: management advice, written warning, final written warning
• Misconduct hearing: any of the above, plus reduction in rank or dismissal (with or without notice)
• Special case hearings (fast-track) for cases where dismissal is appropriate and the evidence is incontrovertible
• Former officers can still be subject to proceedings: a finding of gross misconduct results in placement on the barred list

Since 2015 misconduct hearings have been held in public by default, with exceptions only where the chair determines that publicity would prejudice the administration of justice or the welfare of a witness. Outcomes are published. Anyone can attend a public hearing. From 2024 chief officers chair misconduct hearings for their own forces, replacing the legally qualified chair regime introduced in 2016, a contested change.

The College of Policing maintains both. The barred list records everyone dismissed from policing for misconduct or gross incompetence; it is publicly searchable. The advisory list records those who resigned or retired while under investigation, before proceedings concluded; it is not public but forces must consider it during vetting. The Crime and Policing Act 2026 extended both lists to the NCA, BTP, Civil Nuclear Constabulary and Ministry of Defence Police.

The Independent Office for Police Conduct oversees the police complaints system. It can carry out independent investigations of the most serious matters, direct forces to investigate, and review the outcomes of force investigations. It does not run misconduct proceedings itself: those remain with the force as appropriate authority. The IOPC can recommend disciplinary action and present evidence at hearings where it has investigated.