Misconduct

Please find our guidance on Police Misconduct from the perspective of your Police Federation. If you follow the links below, they will hopefully answer any queries you have. If you do not understand any aspect, please contact either your local Federation Representative, or ring the Federation Office for guidance.

Should you believe yourself to be subject to any misconduct matters you should contact the Federation at the earliest opportunity.

 

What are the Standards of Professional Behaviour?

They are applicable on and off duty.

Honesty and Integrity
Police officers are honest, act with integrity and do not compromise or abuse their position.

Authority, Respect and Courtesy
Police officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy.

Police officers do not abuse their powers or authority and respect the rights of all individuals.

Equality and Diversity
Police officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly.

Use of Force
Police officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances.

Orders and Instructions
Police officers only give and carry out lawful orders and instructions.

Police officers abide by police regulations, force policies and lawful orders.

Duties and Responsibilities
Police officers are diligent in the exercise of their duties and responsibilities.

Confidentiality
Police officers treat information with respect and access or disclose it only in the proper course of police duties.

Fitness for Duty
Police officers when on duty or presenting themselves for duty are fit to carry out their responsibilities.

Discreditable Conduct
Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.

Police officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the receipt of any penalty notice.

Challenging and Reporting Improper Conduct
Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour.

What is the difference between misconduct and gross misconduct?

Cases will be subjected to assessment.

For the purposes of making the assessment and any decision on the seriousness of the conduct the following definitions will be applied:-

Misconduct – a breach of the Standards of Professional Behaviour.

Gross misconduct – a breach of the Standards of Professional Behaviour so serious that dismissal would be justified.

Unsatisfactory performance or unsatisfactory attendance – an inability or failure of a police officer to perform the duties of the role or rank he or she is currently undertaking to a satisfactory standard or level.

An assessment may determine that the conduct alleged amounts to an allegation of unsatisfactory performance rather than one of misconduct. In such circumstances the matter should be referred to be dealt with under the UPP policy.

Equally an assessment may determine that the matter is more suitable to be dealt with through the grievance procedure or may be an issue of direction and control. In such cases the procedures for dealing with such matters, as outlined in Force Policy will be used.

The matter may be moved up to a level of gross misconduct or down to a level of misconduct. In the interests of fairness to the police officer, where a further severity assessment is made which alters the original assessment then the police officer will be informed and will be provided with the reasons for the change in the assessment.

The same principle applies where the initial assessment suggests that the matter is one of isconduct or gross misconduct but subsequent investigation reveals that it is not, and may be, for example, one of unsatisfactory performance. In such cases the police officer will be informed that the matter is now not being considered as a matter of misconduct

It is imperative if you are served with a notice of investigation by PSD or the IPCC you seek advice from a trained federation representative if you require representation and advice. The officer who issues the notice or PSD should forward a copy to the Federation Office at your request, but to avoid any misunderstandings it should be scanned and e- mailed to the federation office at [email protected]

Please note that this notice carries a set timescale for the Officer to respond regarding the allegation, as outlined at bullet point 8 below, you are advised to seek early Federation representation in relation to any such matters.

Written notification will be given to the police officer concerned by the investigator appointed to investigate the case, advising them that their conduct is under investigation.

The notice will:

  •  Inform the police officer that there is to be an investigation of their potential breach of the Standards of Professional Behaviour and inform the police officer of the name of the investigator who will investigate the matter.
  •  Describe the conduct that is the subject of the investigation and how that conduct is alleged to have fallen below the Standards of Professional Behaviour.
  •  Inform the police officer concerned of the appropriate authority’s (or investigator’s in a matter dealt with under the 2002 Act) assessment of whether the conduct alleged, if proved, would amount to misconduct or gross misconduct
  •  Inform the police officer of whether, if the case were to be referred to misconduct proceedings, those would be likely to be a misconduct meeting or misconduct hearing.
  •  Inform the police officer that if the likely form of any misconduct proceedings changes the police officer will be notified of this together with the reasons for that change.
  •  Inform the police officer of their right to seek advice from their staff association or any other body and who the police officer may choose to act as their police friend.
  •  Inform the police officer that if their case is referred to a misconduct hearing or special case hearing, he or she has the right to be legally represented by a relevant lawyer. If the police officer elects not to be so represented then he or she may be represented by a police friend. The notice will also make clear that if he or she elects not to be legally represented then he or she may be dismissed or receive any other disciplinary outcome without being so represented.
  •  Inform the police officer that he or she may provide, within 10 working days of receipt of the notice (unless this period is extended by the investigator) a written or oral statement relating to any matter under investigation and he or she (or their police friend) may provide any relevant documents to the investigator within this time.
  •  Inform the police officer that whilst he or she does not have to say anything, it may harm their case if he or she does not mention when interviewed or when providing any information within the relevant time limits something which he or she later relies on in any misconduct proceedings or special case hearing or at an appeal meeting or Police Appeals Tribunal.



The notice should clearly describe in unambiguous language the particulars of the conduct that it is alleged fell below the standards expected of a police officer.

The purpose of an investigation is to:

  •  Gather evidence to establish the facts and circumstances of the alleged misconduct
  •  Establish on the balance of probabilities, (more likely than not) based on the evidence and taking into account all of the circumstances, whether there is a case to answer in respect of either misconduct or gross misconduct or that there is no case to answer.
  •  Identify any learning for the individual or the organisation.

The overall aim is a proportionate and balanced investigation, carried out as soon as possible after any alleged misconduct comes to notice and that the investigation is carried out as quickly as possible allowing for the complexity of the case.

Where the investigation identifies that the issue is one of performance rather than misconduct, the police officer should be informed as soon as possible that the matter is now being treated as an issue of performance.

The investigator must ensure that the police officer is kept informed of the progress of the investigation. It is also good practice to keep the police friend informed of progress at the same time.

The investigator is required to notify the police officer of the progress of the investigation at least every 4 weeks from the start of the investigation.

The police officer or their police friend, acting on the police officer’s instructions, is encouraged to suggest at an early stage any line of enquiry that would assist the investigation and to pass to the investigator any material they consider relevant to the enquiry. If it is a criminal allegation it is advisable to seek advice from your legal representation prior to this. We would advise that any instructions should be via the Police Friend and not direct to the investigating officer.

The investigator (under the Conduct Regulations or the 2002 Act) has a duty to consider the suggestions submitted to them. The investigator should consider and document reasons for following or not following any submissions made by the police officer or their police friend with a view to ensuring that the investigation is as fair as possible. The suggestions may involve a further suggested line of investigation or further examination of a particular witness.

The purpose is to enable a fair and balanced investigation report to be prepared and where appropriate made available for consideration at a misconduct meeting/hearing and to negate the need (except where necessary) for witnesses to attend a meeting/hearing.

There are two types of misconduct proceedings:

Misconduct Meeting – for cases where there is a case to answer in respect of misconduct and where the maximum outcome would be a final written warning. These are normally chaired by an officer of the rank of Chief Inspector.

Misconduct Hearing – for cases where there is a case to answer in respect of gross misconduct or where the police officer has a live final written warning and there is a case to answer in respect of a further act of misconduct. The maximum outcome at this hearing would be dismissal from the police service without notice.

From 1 May 2015, the default position for misconduct hearings is that they are held in public. A notice advertising a hearing must be published by the Force on its website at least five working days before the day on which the hearing is to take place. The advert will name the officer subject of the hearing, and will mention the subject matter of the investigation, unless such disclosure is deemed inappropriate. Representations can be submitted for anonymity and also for the hearing to be heard in private but this decision is for the chair on representations by your representative or legal representative prior to the hearing.

Since January 2016 all hearings are chaired by a pool of legally qualified independent barristers. The panel will be completed by a senior officer from the force usually of the rank of Supt or Ch Supt and an independent member again selected from a pool normally with experience is this field of discipline outside of the organisation.

If you are subject to a criminal allegation then as long as you fulfil the funding requirements you can access the services of our retained solicitors Slater & Gordon Solicitors. We also utilise Haworth and Gallagher and Hogan Brown solicitors. The rules regarding funding rules are complex and complicated but as a rule of thumb it has to be within the duties of a police officer carrying out your role.

Examples

  •  Officer ‘A’ whilst engaged in the arrest of an offender causes injury and the offender alleges the police officer has used excess force in causing the injury.
  •  Officer ‘B’ is alleged to have carried out questionable checks on computer systems which may not be for a policing purpose and the officer is saying they are legitimate checks.
  •  Officer ‘C’ involved driving allegations whilst engaged in a pursuit or response run
  •  Officer ‘D’ involved in a death after police contact or serious injury

These are very simple examples.

Examples which wouldn’t necessarily be covered by the rules.

  •  Allegations of drink drive.
  •  Domestic disputes.
  •  Allegations of conduct off duty.

Funding applications for representation for these have to be made through Legal Insurance management Scheme (LIM) but this is only accessible of you are a member of Merseyside Police Federation Group Insurance Scheme.

You may be entitled to be represented at a Hearing by a barrister depending on the facts of the case. Your Federation Friend will be able to advise you regarding this should you find yourself unfortunate enough to be going to a hearing.

Those who have legal expenses cover on household insurance policies please read carefully. Where they may cover for a criminal allegation the small print normally excludes internal discipline.

Post-Incident Procedures (PIP) will begin in all situations following police contact that may have:

  • Resulted in death or serious injury
  • Revealed failings in command
  • Caused danger to officers or the public.


If the above criteria are not met, the Force should still consider the proportionate application of these procedures, where appropriate.

The College of Policing has produced a new policy for incidents involving death or serious injury (DSI) which is the guidance that all Post-Incident Managers (PIM) use when a PIP is enacted.

The benefits of effectives PIPs can make all the difference between ‘career death’ or keeping the job officers love. There are currently two PIM suites, one for firearms incidents and one for non-firearm incidents.

Merseyside Police Federation has supported a large number officers through the PIP process with a number of reps having been trained to the same level as the PIM. We provide staff on call to cover any PIP.

If you are involved in a PIP you should consider the following:

You may be treated as a suspect or a witness. This is a very fine line. It is in your interest that if you are being treated as a suspect you should say nothing until legal advice has been obtained. You have legal rights under the PACE Act 1984 and these should not be compromised.

If, however, you are being treated as a witness then remember all conversations are disclosable.

Ask the PIM to contact the Police Federation which can arrange legal advice and other support including contact with relatives, refreshments and so on. Initial notes should only be made subject to medical and legal advice.

The Manual of Guidance recognises that statements should only be made after officers have overcome any initial shock of the incident. Be guided as to when you are ready by medical advice, a solicitor or the Federation.

The full procedure is detailed in the guidance but please be assured that the Federation will guide and support you throughout this process.

Other Resources