Police Officer Retains Role following a Finding of Gross Misconduct

Christopher Fallows and Amy Scott were recently instructed on behalf of a Police Officer alleged to have breached the Standards of Professional Behaviour, amounting to ‘Gross Misconduct’. The officer faced a singular allegation of accessing a custody record without having the required policing purpose.

At an Accelerated Misconduct Hearing, chaired by a Chief Constable, the officer gave a sincere account, having accepted breaching the Standards of Professional Behaviour at the earliest possible opportunity. The panel ultimately concluded that the accepted breach amounted to Gross Misconduct and in accordance with the amended Police (Conduct, Performance and Complaints and Misconduct) Regulations 2025, a presumption lay in favour of dismissal, unless the officer could demonstrate ‘exceptional circumstances’ justifying either a reduction in rank or final written warning.

JMW successfully argued that at the time of the alleged breach, the officer found themselves in exceptional circumstances. The officer ultimately received an extended final written warning, reflecting the seriousness of the breach whilst ensuring a fair and proportionate outcome for the officer. This result reflects the critical importance of early-stage legal advice for Police Officers faced with Misconduct allegations.