Corporate report

Guidance On police unsatisfactory performance, complaints and misconduct procedures

This publication was published under the 2005 to 2010 Labour government

Home Office circular 008 / 2007 Guidance On police unsatisfactory performance, complaints and misconduct procedures Broad subject: Police…

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Home Office circular 008 / 2007

Guidance On police unsatisfactory performance, complaints and misconduct procedures

  • Broad subject: Police service
  • Issue date: Fri Mar 09 00:00:00 GMT 2007
  • From:
    Crime Reduction and Community Safety Group (CRCSG) - Policing Policy Policing Policy
  • Linked circulars:
    No linked circulars
  • Copies sent to:
    Independent Police Complaints Commission, HM Inspector of Constabulary, Police Staff Associations

  • Sub category: Police discipline
  • Implementation date: Fri Mar 09 00:00:00 GMT 2007
  • For more info contact:
    Vic Marshall
  • Addressed to:
    Chief Officers of Police (England and Wales) Clerks to the Police Authorities

Dear Chief Officer

  1. Section 87 of the Police Act 1996 permits the Secretary of State to issue guidance to police authorities, chief officers of police and other members of police forces regarding the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline.

  2. In 1999 the standard of proof in police officer misconduct cases changed from the criminal standard of ‘beyond reasonable doubt’ to the civil standard of ‘the balance of probabilities’.

  3. Paragraph 3.81 of section 3 of the current Home Office guidance on police unsatisfactory performance, complaints and misconduct procedures provides guidance on the burden and standard of proof.

  4. Paragraph 3.40 provides guidance on dealing with misconduct matters where a police officer has been acquitted of a criminal offence. This paragraph is currently linked to paragraph 3.81.

  5. The Home Office have reviewed these two paragraphs of the guidance and following consultation with the Police Advisory Board of England and Wales and the Independent Police Complaints Commission has decided to amend these two paragraphs of the guidance. These two paragraphs are designed to provide clearer guidance as to how the standard of proof implemented in 1999 should be applied.

  6. Therefore, enclosed with this circular is a copy of section 3 of the Home Office guidance with the amended paragraphs 3.40 and 3.81 highlighted in bold. The numbers of the paragraphs have not changed.

  7. This new guidance will take effect immediately.

Yours sincerely,

Vic Marshall

Attachments

Issued by the Secretary of State in accordance with the provisions of section 87 of the Police Act 1996.