The Police (Conduct) Regulations 2020

Application E+W

4.—(1) Subject to paragraph (6), these Regulations apply where an allegation comes to the attention of an appropriate authority which indicates that the conduct of a police officer may amount to misconduct, gross misconduct or practice requiring improvement.

(2) Except as set out in paragraph (8), these Regulations also apply, with the modifications set out in Schedule 1, where—

(a) an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer (“P”) may amount to gross misconduct M1 , and

(b) condition A, B or C is satisfied.

(3) Condition A is that P ceased to be a police officer after the allegation first came to the attention of a relevant body.

(4) Condition B is that—

(a) P ceased to be a police officer before the allegation first came to the attention of a relevant body, and

(b) the period between the date P ceased to be a police officer and the date the allegation first came to the attention of the relevant body did not exceed 12 months.

(5) Condition C is that—

(a) P ceased to be a police officer before the allegation first came to the attention of a relevant body;

(b) the period between the date P ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months, and

(c) the Director General makes a Condition C special determination under Part 1A of these Regulations (as inserted by way of modification of these Regulations by paragraph (2) and Schedule 1) that taking disciplinary proceedings against P in respect of the alleged gross misconduct would be reasonable and proportionate.

(6) Subject to paragraph (7), these Regulations do not apply in relation to—

(a) a pre-commencement allegation, or

(b) an allegation against a police officer which comes to the attention of a local policing body or a chief officer of police on or after 1st February 2020 and which relates to a matter in respect of which a pre-commencement allegation against that person was made, if at the time the allegation is made the pre-commencement allegation is being handled in accordance with—

(i) any of the Regulations and provisions in regulation 3(1), or

(ii) Part 2 of the 2002 Act.

(7) Where the Director General—

(a) determines, under section 13B of the 2002 Act (power of the Director General to require re-investigation) M2 that a complaint or matter is to be re-investigated, or

(b) makes a direction under section 28A(1) or (4) of the 2002 Act (application of Part 2 to old cases) M3 in relation to a matter on or after 1st February 2020,

these Regulations apply regardless of when the complaint or matter came to the attention of the appropriate authority.

(8) Paragraph (2) does not apply if—

(a) it relates to a person who ceased to be a police officer before 15th December 2017 M4 ; or

(b) the disciplinary proceedings would not be the first disciplinary proceedings to be taken against P in respect of the alleged gross misconduct unless they result from a re-investigation of the allegation (whether carried out under these Regulations or under the 2002 Act) that begins not later than 12 months after the date on which P ceased to be a police officer.

(9) Where an appropriate authority is considering more than one allegation in relation to the same police officer, or person in relation to whom these Regulations apply by virtue of paragraph (2), the allegations may be taken together and treated as a single allegation for the purposes of any provision of these Regulations which requires a person to make an assessment, finding, determination or decision in connection with conduct which is the subject matter of an allegation.

(10) In this regulation, “relevant body” means—

(a) a chief officer of police;

(b) a local policing body, or

(c) the Director General.

Commencement Information

I1 Reg. 4 in force at 1.2.2020, see reg. 1

Marginal Citations

M1 Section 29(7)(b) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the Policing and Crime Act 2017, may, in respect of a person who ceased to be a police officer after section 29(2) and (3) of the 2017 Act came into force but whose alleged misconduct, inefficiency or ineffectiveness took place before that date, only make provision if the alleged misconduct, inefficiency or ineffectiveness is such that if proved there could be a finding in disciplinary proceedings that the person would have been dismissed had they still been a police officer. Where there is an indication that the person's conduct amounts to gross misconduct, the person will be at risk of dismissal if the allegation is proved.

M2 Section 13B was inserted by section 18(1) of the Policing and Crime Act 2017 and amended by paragraphs 15 and 20 of Schedule 9 to that Act.

M3 Section 28A was inserted by section 2(1) and (2) of the Police (Complaints and Conduct) Act 2012 and amended by paragraphs 15 and 39 of Schedule 9 to the Policing and Crime Act 2017.

M4 Section 29(7)(a) of the Policing and Crime Act 2017 provides that regulations made under section 50(1A) and 51(2B) of the 1996 Act, as inserted by section 29(2) and (3) of the 2017 Act, may not make provision in relation to a person who ceases to be a police officer (within the meaning of these Regulations) before the coming into force of section 29(2) and (3) of the 2017 Act.