Police standards: Conduct

Police misconduct is behaviour by a police officer that falls below the standards of professional behaviour for the police.

Cases of police misconduct can arise from concerns raised by police officers or staff, or following incidents where members of the public have been harmed by the actions of the police.

What are the laws on police misconduct?

Legislation specifies how allegations of police misconduct should be handled, though the framework is complex. In short, most allegations of police misconduct are handled in line with rules set out in the Police Act 1996 and Police (Conduct) Regulations 2020. This legislation is designed to support the police in maintaining a disciplined force. The Home Office provides statutory guidance on implementing this legislation.

However, some serious conduct matters (particularly where a member of the public has been adversely affected) are handled under schedule 3 of the Police Reform Act 2002 and the Police (Complaints and Misconduct) Regulations 2020. The Independent Office for Police Conduct (IOPC) publishes statutory guidance on this legislation.

This legislative framework also provides for how public complaints are handled. The Commons Library briefing Police Standards: Complaints provides more information.

The legislative framework applies to the 43 territorial police forces in England and Wales. There are different arrangements for the British Transport Police, the Civil Nuclear Constabulary and the Ministry of Defence Police officers. There are also different arrangements in Scotland and Northern Ireland.

How are misconduct allegations investigated?

Conduct matters are initially handled by a police force’s professional standards department (PSD). PSDs are responsible for logging all conduct matters and, in most cases, investigating them.

However, PSDs must refer the most serious conduct matters to the IOPC, including those that involve:

• death or serious injury
• a serious assault, sexual offence or other specified offence
• serious corruption, including abuse of position for a sexual purpose
• a criminal offence or behaviour which is liable to lead to disciplinary proceedings and which was aggravated by discriminatory behaviour, or
• allegations concerning a chief officer

The IOPC decides how matters it is referred should be investigated. It can:

• decide the matter does not need formal investigation and leave it to the relevant PSD to handle
• instruct the PSD to conduct a local investigation
• instruct the PSD to investigate the matter under its direction, or
• independently investigate the matter itself

How are investigations concluded?

When the PSD or the IOPC have completed an investigation, they must produce a report saying whether the person under investigation has a case to answer for misconduct or gross misconduct.

Police misconduct is any behaviour or action that breaches the standards of professional behaviour and warrants disciplinary action of at least a written warning. Gross misconduct is any behaviour or action that could breach the standards to such a serious degree that it warrants dismissal.

Force management or the IOPC will decide whether (and what sort of) disciplinary proceedings should be initiated. A misconduct panel or misconduct hearing will base its judgment on whether misconduct is proven on the balance of probabilities (the civil standard of proof).

As outlined in the Commons Library briefing Police standards: Discipline, if a case of misconduct or gross misconduct is proven, there are four main sanctions that can be imposed:

• a written warning
• a final written warning
• a reduction in rank, or
• dismissal