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This publication is available at https://www.gov.uk/government/publications/circular-0122017-new-former-police-officer-and-barred-list-regulations-an-amended-determination-on-retirement-and-amended-home-office-guidance/circular-0122017-new-former-police-officer-and-barred-list-regulations-an-amended-determination-on-retirement-and-amended-home-office-guidance
This circular covers new Police Conduct and Complaints Regulations and Police Barred List and Police Advisory List Regulations that give effect to Section 29 and 30 of the Policing and Crime Act 2017 enabling disciplinary proceedings to be taken against former police officers and establishing procedures for a police barred list and police advisory list. The circular also covers an amended determination on retirement from a police force and amended Home Office guidance on police officer misconduct procedures.
1. Former Officer Regulations
1.1 A public perception that some police officers who have committed serious wrongdoing have avoided accountability through resignation or retirement has caused damage to public confidence in the integrity of policing. At the same time, not allowing officers accused of misconduct to resign or retire while investigations are ongoing creates an unsatisfactory situation for the police force and the officer concerned.
1.2 The Policing and Crime Act 2017 therefore extended disciplinary procedures to former officers and allows officers under investigation to resign or retire but ensures that misconduct proceedings will be taken to a conclusion. The Act also introduced a barred list for those officers who are dismissed from the force for misconduct.
1.3 The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017 establishes how the disciplinary proceedings will work for former police officers and former special constables and allows for the initiating and continuing of disciplinary proceedings following an allegation or complaint made against a police officer following their departure from a police force or where they choose to leave whilst proceedings are ongoing.
1.4 This change will apply to all officers serving on or after 15 December 2017. They will not apply retrospectively to officers who have left the force prior to 15 December 2017. It will apply to officers who chose to retire or resign once the regulations come into force and who meet the conditions set out. This means, for example, that those officers being investigated for misconduct under the Conduct Regulations 2012- and currently prevented from retiring or resigning under Regulation 10A - will be able to resign or retire and proceedings continue to a conclusion. Transitional provisions are described in Part 1, Regulation 2.
2. Police Barred List and Police Advisory List
2.1 We have introduced regulations that will outline the process for the police barred and police advisory lists, created by new Part 4A to the Police Act 1996 (inserted by Schedule 8 of the Policing and Crime Act 2017). The barred list will hold information on individuals who are dismissed from policing, and thereafter barred from serving in policing.
2.2 The advisory list will hold information on individuals who resign or retire during investigations or on designated volunteers who have had their designated status withdrawn. The regulations also include the procedure for publication of the barred list and the review mechanism to be removed from either list.
3. Determination on Retirement
3.1 A determination has been made under regulation 14 of the Police Regulations 2013 which amends a previous determination which prevented a member of a police force from retiring while suspended under the Police Conduct Regulations 2012.
3.2 The amendment has been made in line with the changes made by the Former Officer Regulations and comes into effect on 15 December 2017.
4. Home Office Guidance
4.1 From 15 December 2017, amended Home Office Guidance on Police Officer Misconduct will supersede the guidance published in June 2015. This guidance has been amended by the addition of three new annexes: Annex G which outlines the misconduct procedures for former officers; Annex H which outlines the procedures for the police advisory list; and Annex I outlines the procedures for the barred list.
4.2 Annex G of the guidance includes:
the circumstances in which Conduct regulations apply to former officers
what the possible outcomes are from the different modes of investigation and from hearing panels;
the circumstances, matters and procedure the IPCC will consider when making the special determination for Condition C former officers.
4.3 Chapter 2 is also amended to make clear the changes to the requirement to seek consent before an officer gives notice of intention to resign. Chapter 2 also includes a new section on the administration and management of the misconduct hearing.
4.4 Annex H of the guidance outlines the procedures for the adding to and removal form the advisory list. Annex I outlines the procedures for adding to and removal from the barred list including:
procedures for publication and the presumption that the majority of individuals will have their details published
how Individuals should be informed of appeal mechanism and process for review
the role of the AA and the expectation that they will make recommendations as to publication on each individual
the role of LQCs or PAT chairs in making recommendations as to publication