Facing a misconduct allegation is one of the most stressful experiences a police officer can go through. Whether the allegation is trivial or serious, the process is formal, potentially career-affecting, and often poorly understood by the officers subject to it. This guide explains your rights and the process clearly.
The Standards of Professional Behaviour
All police misconduct is assessed against the Standards of Professional Behaviour, which are set out in the Police (Conduct) Regulations 2020. There are ten standards: honesty and integrity, authority, respect and courtesy, equality and diversity, use of force, orders and instructions, duties and responsibilities, confidentiality, fitness for duty, and discreditable conduct. A complaint or referral will typically specify which standard(s) are alleged to have been breached. Understanding the specific standard alleged against you is the starting point for understanding the nature of the case you face.
How Misconduct Proceedings Begin
Proceedings can begin in one of several ways: a complaint from a member of the public, a referral from within the force (a "conduct referral"), or a mandatory referral to the Independent Office for Police Conduct (IOPC) for serious matters. A Regulation 15 notice — formally notifying you that you're subject to a conduct investigation — marks the official beginning of the process. You must receive this notice before you are interviewed under caution as a suspect in a conduct investigation. The notice must detail the nature of the allegations and the standard of professional behaviour alleged to have been breached.
The Police Federation
If you're a Police Federation member, contact your local Federation representative as soon as you become aware of an allegation — even before you receive a formal notice. The Federation provides legal representation and advice throughout misconduct proceedings, and this representation is funded from Federation subscriptions. Your Federation rep should accompany you to any misconduct interview or hearing. Do not speak to your force's Professional Standards Department (PSD) about the substance of an allegation without Federation support in place. This is not obstruction — it is your right.
The Role of the IOPC
The Independent Office for Police Conduct oversees the police complaints and conduct system. For serious matters — including deaths or serious injuries following police contact, serious corruption, and certain other defined categories — forces must refer to the IOPC. The IOPC may then oversee the local force investigation, manage it jointly with the force, or conduct an independent investigation itself using its own investigators. IOPC investigations tend to move more slowly than local investigations and are subject to greater public scrutiny.
The Investigation
Following a Regulation 15 notice, the investigating officer (IO) gathers evidence. This typically includes obtaining your duty records, CCTV or bodycam footage, witness statements, and any relevant documentation. You may be invited or required to provide a statement or attend an interview. Before any interview under caution, you are entitled to be informed of the allegations in reasonable detail, to receive all the material the IO proposes to put to you in advance, and to have your Federation representative or a solicitor present. Requests for reasonable time to prepare your response should be granted.
Misconduct Meeting vs Misconduct Hearing
The investigative outcome determines what level of proceedings, if any, follow. "No case to answer" results in no further action. A finding that there is a case to answer leads to one of two levels: a misconduct meeting (for matters not amounting to potential gross misconduct) or a misconduct hearing (for matters that could amount to gross misconduct and potentially dismissal). A misconduct meeting is chaired by a senior officer with limited powers. A misconduct hearing is a formal tribunal with a panel including a legally qualified chair, a senior officer, and a lay member. The right to legal representation is wider at hearings than at meetings.
Outcomes and Sanctions
At a misconduct meeting, outcomes range from no further action to a written warning or a final written warning. At a misconduct hearing, outcomes range from no further action through to dismissal without notice. There is also a finding of "gross misconduct" that results in dismissal, which places your name on the College of Policing's barred list — meaning you cannot work as a police officer in England, Wales, or Scotland. Appeals against hearing decisions go to the Police Appeals Tribunal (PAT). Outcomes at meetings can be appealed to the force's internal appeals process.
Reflective Practice Review
The 2020 regulations introduced a Reflective Practice Review Process (RPRP) as an alternative to misconduct proceedings for less serious matters. RPRP is not a disciplinary process — it is a learning conversation between you and a line manager, designed to identify what went wrong and what can be learned. There is no sanction at the end. Participation in RPRP is voluntary. If you are offered it, take legal advice before deciding whether to participate, since the conversation could in theory inform future conduct matters if behaviour is repeated.
Managing the Process: Practical Advice
Keep notes of everything from the moment you become aware of an allegation. Dates, conversations, what you were told and by whom. Do not discuss the matter with colleagues who may be witnesses — this can complicate proceedings and potentially create additional allegations. Maintain your professional performance throughout the investigation; standards don't drop because you're under investigation. Use your Federation rep actively — they've seen hundreds of these cases and know the procedural pitfalls. If the matter is serious, ask the Federation to instruct an external solicitor with police conduct expertise.
Your Health During the Process
The psychological impact of being under a conduct investigation is frequently underestimated by the organisation. Uncertainty, stigma, and the fear of career termination can cause significant anxiety and depression. Use your EAP, your GP, and your Federation's welfare support. If the investigation is prolonged, ask for regular updates — the regulations require reasonable progress. You are not required to be in a state of indefinite suspense without information. Your duty of care rights do not pause because you're under investigation.