Page 14 - Insight Issue 1 _ 2018

Update on Misconduct Matters

Chris Leach looks at what members should
expect when under investigation
Chris Leach
Misconduct Leader
Merseyside Police Federation

During my time as a Merseyside Police Federation 6. Duties and responsibilities- Police offcers only give
representative I have assisted many offcers during and carry out lawful orders and instructions. Police
diffcult times when they have been investigated for offcers abide by police regulations, force policies and
misconduct matters some of which are unfortunately lawful orders
classed as criminal conduct. 7. Confdentiality Police offcers treat information with
respect and access or disclose it only in the proper
What a common and recurring theme that all offcers have course of police duties
asked is what the process actually is ? and what they can 8. Fitness for work. Police offcers when on duty or
expect to happen ? So I will take this opportunity to outline presenting themselves for duty are ft to carry out
what Misconduct means and what an offcer subject to a their duties and responsibilities.
misconduct can expect. 9. Conduct Police offcers behave in a manner which
does not discredit the police service or undermine
Following on from a complaint the professional standards public confdence, whether on or off duty.
department or the IOPC should form an assessment to see 10. Challenging and reporting improper behaviour- Police
whether the matter is deemed as actual misconduct as per offcers report, challenge or take action against the
the police conduct regulations 2012, Or in some cases just conduct of colleagues which has fallen below the
local resolution. See link for full regulations standards of professional behaviour expected.
http://www.legislation.gov.uk/uksi/2012/2632/pdfs/
uksi_20122632_en.pdf Once the matters have been assessed then an offcer should
be served a Regulation 15 notice outlining the nature of the
These Regulations apply where an allegation comes to the allegation with suffcient detail for the offcer to understand
attention of an appropriate authority which indicates that the matter being investigated. There is an option dependant
the conduct of a police offcer may amount to misconduct on the circumstances for the offcer to provide a written
or gross misconduct. response to the said allegation within 10 working days.

If the matter is deemed as a misconduct it will be set at Gross misconduct means a breach of the Standards of
either Misconduct or Gross Misconduct, breaching one or Professional Behaviour which is so serious that dismissal
more in some cases of the below standards of Professional would be justifed and to determine whether the conduct
behaviours. found proven against the offcer amounts to misconduct or
gross misconduct.

1. Honesty and integrity-Police offcers are honest, Dependant on the allegation and if the matter is classed as
act with integrity and do not compromise or abuse
their position. a criminal allegation the matter will be investigated and at
2. Authority, respect and courtesy- Police offcers act some stage the offcer will be requested to attend a Voluntary
interview in company with a legal representative and fed rep
with self-control and tolerance, treating members of or police friend if the matter is a criminal allegation, or just
the public and colleagues with respect and courtesy. Fed representative or friend if the matter is misconduct only.
Police offcers do not abuse their powers or authority
and respect the rights of all individuals. Following on from the interview, a report by the investigating
3. Equality and diversity- Police offcers act with offcer (IO) will be completed (dis 12 report) which is then
fairness and impartiality. They do not discriminate submitted to the decision maker either the Superintendent
unlawfully or unfairly. of PSD for Misconduct or the Chief Superintendent for Gross
4. Use of force- Police offcers only use force to the extent Misconduct. The outcome may be either No case to answer
that it is necessary, proportionate and reasonable in all or Case to answer. In the case of Misconduct only it will be a
the circumstances. Misconduct meeting and in the case of Gross Misconduct it
5. Orders and instructions- Police offcers only give may lead to a Gross Misconduct public hearing.
and carry out lawful orders and instructions. Police
offcers abide by police regulations, force policies and Any questions please contact me at Green Lane
lawful orders for a chat.

14 Insight Magazine of Merseyside Police Federation - Issue 1 of 2018 • www.merpolfed.org.uk

Insight Issue 1 _ 2018.indd 14 22/03/2018 08:51