Misconduct and Unsatisfactory Performance

Misconduct / Unsatisfactory Performance / Criminal Allegations

This page contains general advice. The Police Federation has many trained and experienced 'Friends' who can advise you on the specifics of a case.

About the Regulation 9 - Notice of Investigation
The first time you realise that an investigation may involve you will probably be when a senior officer serves a 'Regulation 9' notice upon you, so what is a 'Regulation 9' notice? The Investigating Officer shall as soon as practicable (without prejudicing his/her or another investigation of the matter) cause the member concerned to be given written notice that there is to be an investigation, outlining the nature of the report, complaint or allegation. And informing them that they are not obliged to say anything concerning the matter but that they may, if they so desire, make a written or oral statement concerning the matter to the Investigating Officer or to the Chief Officer concerned. And inform them that if they make such a statement it may be used in any subsequent misconduct proceedings. The notice shall inform them that they have the right to seek advice from their staff association and have the right to be accompanied by a member of a police force, who shall not be an interested party, to any meeting, interview or hearing.

Service of a Regulation 9 Notice
Upon receipt of a Regulation 9 Notice accused officers are advised not to make any immediate written or oral statement but to acknowledge receipt of the notice and inform the investigating officer that they wish to seek advice before making any statement. When you are asked to sign to acknowledge receipt of the notice, please also sign the section that authorises a copy of the notice to be sent to the Federation. Advice should be sought as soon as practicable from the Federation Office. DO NOT WAIT TO SEEK ADVICE, as doing so may make it more difficult for your federation friend to help you.

What is a 'friend'
A 'Friend' may represent a fellow officer in Misconduct matters from the service of a Regulation 9 Notice and throughout the Unsatisfactory Performance Procedures. A 'friend' may be any serving Police Officer.
Whether or not an officer is to be legally represented they should be reminded at an early stage of the right to be accompanied to the hearing by a 'friend' or, where applicable, a legal representative. The role of the 'friend' or legal representative will be to advise and assist the officer concerned, including speaking on the officer's behalf, calling and/or questioning witness and/or producing witness statements, other documentation or exhibits to assist the officer's case. Both the 'friend' and the officer concerned should be given adequate duty time to prepare for the hearing (at which the 'friend' may wear plain clothes). The Federation has a number of officers who are specially trained to undertake the role of 'friend'.

Paragraph 3.23 Home Office Guidance Regarding Interviewing of Officers
The object of interviewing an officer about a possible failure to meet standards is twofold; first to provide the officer concerned with an opportunity to give his or her account of the matter and, second, to enable the officer to offer any explanatory detail which might serve to explain or defend the matter. The officer may not be compelled to answer any questions put to him or her during interview. Interviews should he tape-recorded.

Tape Recording of Interviews with Officers
Tape recorded interviews under the criminal caution must be conducted in accordance with the Codes of Practice on "The Tape Recording of Police Interviews with Suspects at Police Stations".
The Home Office Guidance on Codes of Practice states:
"There is no requirement in the Codes of Practice to tape record an interview with a police officer against whom a complaint has been made of behaviour which does not amount to an allegation of a Criminal Offence which is indictable or triable either way."
There are a number of allegations which may lead to Criminal and/or Misconduct proceedings; for example an allegation of assault, where an interview for a possible criminal offence has been tape-recorded. The tape recording will be admissible in a Misconduct hearing relating to the same matter.
The Police Federation offers the following advice where Misconduct or Criminal/Misconduct interview is tape-recorded.
1. In pure Misconduct interviews, the choice to tape the interview is that of the accused officer. However, note should be taken of the guidance set out in paragraph 3.23.
2. The interview shall be conducted in accordance with the Codes of Practice issued by the Secretary of State under Section 60 of the Police and Criminal Evidence Act 1984.
3. The interview should take place in a room other than in a custody suite.
4. Should the accused officer be charged with Misconduct Matters, no charge shall be levied for the supply of the taped record of the interview(s) to a friend or legal representative.