The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025

Today the Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 come into force.

The regulations make further alterations to the police misconduct regime, following the changes introduced in 2024 and the more recent Police (Vetting) Regulations 2025.

How did we get here?

In September 2023 the Home Office published its review into the process of police officer dismissals[1]. The review was launched in January 2023, following Baroness Casey’s Review into the Metropolitan Police Service and was to consider, amongst other questions, whether the misconduct system was “appropriately balanced”.

The review made 18 recommendations, including changing the composition of police misconduct panels and introducing a presumption of dismissal for gross misconduct. The Government announced that changes would follow in three tranches: tranche one would involve changes to the composition of panels, tranche two would address wider changes to misconduct, vetting and performance, and tranche three would introduce the ability of chief officers to appeal to the Police Appeals Tribunal.

The Police (Conduct) (Amendment) Regulations 2024 followed in May of last year, bringing in the tranche one changes. These included changing the composition of Panels; removing the Legally Qualified Chair and instead requiring a panel to be chaired by a senior police officer sitting with two independent members of the public and advised by a Legally Qualified Advisor (“LQA”).

What is changing?

The Police (Conduct) (Amendment) Regulations 2025 (“the 2025 Regulations”) introduce the changes those promised as part of tranche two, as well as amendments to take account of the new Police (Vetting) Regulations 2025 which came into force earlier this month on 14 May 2025.

There are the following key changes in particular:

• A presumption of dismissal following a finding of gross misconduct, unless the panel is satisfied that there are “exceptional circumstances” which justify a lower sanction.
• A presumption of accelerated hearings for former officers. Where an officer has already retired or resigned, there will be an accelerated misconduct hearing unless within 10 working days of being notified of the accelerated misconduct hearing the officer requests a ‘standard’ Part 4 misconduct hearing or the appropriate authority otherwise deems that a Part 4 hearing is required.
• Where an officer is convicted of an indictable only offence, this will automatically amount to gross misconduct
• Wider powers for forces to refers officers to accelerated misconduct hearings. At present this is only where the investigator recommends to the appropriate authority that the ‘special conditions’ are met. The 2025 Regulations allow for the appropriate authority to deem the special conditions met at any time after receipt of the investigator’s report (for instance where new information comes to light after the investigation had concluded), up to the date of the misconduct meeting or misconduct hearing.
• Changes to the police performance regime, removing the second stage, so that the overall process becomes a two-stage process. The period for required improvement is reduced from a maximum of 12 months to a default three months.
• Changes to the regime for discharging probationary police officers. The 2025 regulations enable chief officers to delegate the power to discharge a probationer to other senior officers. In addition, the regime is extended to special constables as well as regular police officers.

Transitional provisions

There are transitional provisions, so that the bulk of the new regulations will not apply to matters that pre-date their coming into force. However, if the matter is pre-commencement but the officer has not yet been given notice under Regulation 30 or Regulation 51, then the amendments contained in the Schedule to the 2025 Regulations do apply from 28 May onwards. These include the presumption of accelerated hearings for former officers.

The Government has said that the Home Office will be updating its Statutory Guidance in light of the new 2025 amendments. The updates will presumably also include guidance covering the changes introduced in the Police (Conduct) (Amendment) Regulations 2024.

[1] https://www.gov.uk/government/publications/police-officer-dismissals-home-office-review/home-office-review-the-process-of-police-officer-dismissals-accessible