Police standards: Discipline
Police officers who commit misconduct and gross misconduct can be disciplined.
Police disciplinary proceedings are brought in cases where it is agreed, following an investigation, that a police officer has a case to answer for:
- misconduct (meaning a breach of the standards of professional behaviour that justifies disciplinary action of at least written), or
- gross misconduct (meaning a breach of the standards of professional behaviour that is so serious to justify dismissal)
A decision on whether there is a case to answer is based on whether there is sufficient evidence upon which a misconduct panel “could make a finding on the balance of probabilities” that an officer’s behaviour amounted to misconduct or gross misconduct.
The Commons Library briefings Police standards: Complaints and Police Standards: Conduct explain in more detail how allegations of police wrongdoing are investigated.
What are police disciplinary proceedings?Police disciplinary proceedings are formal legal proceedings that aim to:
- establish the facts behind an allegation and reach a conclusion on whether the case to answer is proven
- determine what disciplinary action should be taken
Proceedings must be conducted in line with rules set out in the Police (Conduct) Regulations 2020. All parties are required to act in a fair and open manner. Proceedings should start as soon as possible after an investigation results in a ‘case to answer’ decision.
There are two forms of disciplinary proceeding:
- misconduct meetings
- misconduct hearings
If there is a case to answer for misconduct, an officer will usually be referred to a misconduct meeting.
However, if an officer already has a live final written warning (or has been reduced in rank within the last two years), they will be referred to a misconduct hearing. Officers who have a case to answer for gross misconduct are referred straight to a misconduct hearing.
What are the possible outcomes of police disciplinary proceedings?A panel at a misconduct meeting or hearing can find that the case against an officer, on the balance of probabilities, amounts to misconduct, gross misconduct, or neither.
If a panel decides that a case amounts to neither, it can suggest a reflective practice review or determine that no further action is taken.
If a panel decides that a case amounts to misconduct or gross misconduct, there are four types of disciplinary action that can be taken:
- a written warning
- a final warning
- a reduction in rank, or
- dismissal
Panels should refer to the College of Policing’s Guidance on Outcomes in Police Misconduct Proceedings when considering the appropriate sanction.
The maximum sanction that can be issued at a misconduct meeting is a final written warning, and the maximum sanction that can be issued at a misconduct hearing is dismissal.
These disciplinary processes apply 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. There are also different arrangements in Scotland and Northern Ireland.
Strengthening the police disciplinary systemIn recent years, concerns have been raised about police forces failing to identify, investigate and properly sanction officers who are unfit for their roles.
In October 2022, the then Policing Minister, (now Sir) Jeremy Quin, announced a review into the process of police officer dismissals. This was informed by the findings of Baroness Casey’s independent reviews into misconduct and standards at the Metropolitan Police.
The findings of the Home Office review were published in September 2023. It recommended that:
- chief constables (or other senior officers) should chair misconduct hearings (in place of legally qualified chairs)
- a conviction for certain offences should automatically amount to gross misconduct
- there should be a presumption of dismissal in cases of proven gross misconduct
- failure to maintain vetting should provide grounds for dismissal
- there should be a statutory route of appeal for misconduct hearings for chief officers
The government amended the Police (Conduct) Regulations 2020 and introduced the Police (Vetting) Regulations 2025 to implement most of these recommendations. The statutory route of appeal has been proposed within the Crime and Policing Bill 2024-25.