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Police misconduct guide · Understand gross misconduct assessment and special procedures

Severity assessment and special procedures in police misconduct

A severity assessment addresses the level the alleged conduct could reach if proved. It is not a final finding, but it affects notice, investigation and the possible disciplinary route.

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What this means

Start with the exact decision in front of you.

A severity assessment addresses the level the alleged conduct could reach if proved. It is not a final finding, but it affects notice, investigation and the possible disciplinary route.

Immediate priorities

Organise the position before responding.

01

Obtain the written allegation and severity assessment

02

Compare the alleged facts with the relevant standards

03

Record any material change in classification

Detailed guidance

The procedure, evidence and possible route from here.

01

Read the severity assessment as a routing decision

A severity assessment asks what the alleged conduct would amount to if proved and, where disciplinary proceedings followed, what form they would likely take. It is not a conclusion that the facts happened. Check the exact factual allegation, the Standards of Professional Behaviour said to be engaged, the assessed level and the likely proceeding. The wording matters: misconduct, gross misconduct and misconduct sufficiently serious to justify disciplinary action have procedural consequences. Make sure the document concerns the current allegation rather than an earlier, broader version that the investigator has since narrowed.

Special procedures apply in the circumstances defined by the complaints and misconduct framework, including recordable conduct matters and qualifying complaint investigations concerning officers or special constables. They bring formal notice and participation protections for the person under investigation. Confirm the date special procedures began, the investigator's assessment and any indication of a criminal offence. Police staff may be governed by a different local employment procedure, so do not assume that an officer regulation notice sets the route for every person mentioned in the same investigation.

  • Match each alleged fact to the cited professional standard
  • Record the assessed level and proposed proceeding
  • Confirm whether the person falls within special procedures

02

Test the allegation without trying the final case

Prepare focused comments on an assessment by identifying a material factual error, omitted context or mistaken standard that changes the appropriate routing. Use operational records, policy in force at the time and the officer's actual role. This is not usually the point for a full closing submission on credibility or sanction. An assessment assumes the allegation for its limited purpose, while the investigation must still collect evidence fairly. A concise schedule can show what is alleged, what the assessment assumes and which available record materially changes that assumption.

The assessment may be revised when evidence or allegations change. Track each version, its author, date and reasons, particularly if a matter moves between no disciplinary action, misconduct and gross misconduct. A revised assessment should lead to clear notice of the live case and procedural consequences. If a new allegation appears in interview questions or the investigation report without adequate notice, raise that mismatch promptly. The goal is to prevent an officer preparing against an obsolete or undefined case while respecting that final findings belong to the proper disciplinary body.

  • Identify any factual premise that changes the routing level
  • Keep every assessment version and stated reason
  • Request updated notice when the live allegation changes

03

Plan for the procedure the assessment may trigger

Use the assessed level to map possible next steps. A case-to-answer decision after investigation may lead to no action, reflective practice, a misconduct meeting, a misconduct hearing or another permitted response, depending on the regulations and facts. Build the file for the decision actually approaching. Evidence about whether an event occurred belongs in the factual section; material about training, current conduct or operational learning may be relevant later and should not obscure a clear denial or admission on the alleged facts.

Check the current amended Conduct Regulations rather than relying on a pre-2025 summary of potential outcomes. The 2025 changes include a statutory presumption of dismissal following a finding of gross misconduct unless exceptional circumstances justify another outcome. That makes accurate classification and notice consequential, but it does not lower the standard required to prove the facts or gross misconduct. Obtain individual advice where a revised assessment changes the likely forum, the maximum outcome or a parallel criminal decision, and record all response dates from the latest notice.

  • Map the possible route from investigation to final proceeding
  • Keep factual, standards and outcome material in separate sections
  • Check amendments applying on the relevant decision date

Key questions

Keep the analysis tied to this stage.

Question 01

Whether the allegation could amount to misconduct or gross misconduct

Question 02

Whether special procedures apply

Question 03

What notice and participation rights follow

Independent legal help

Advice is provided only by the regulated firm that accepts a matter.

Common questions

Clarifying the route without assuming the outcome.

Is a gross misconduct severity assessment a finding of gross misconduct?

No. It indicates the level the allegation could reach if proved. The evidence and applicable standards must still be determined through the prescribed process.

Can the severity assessment change during the investigation?

Yes. New or clarified evidence can require reassessment. The officer should receive clear notice of a material change and the procedure that follows from it.

Connected guidance

Continue through the topic map.

Use the hub for the full sequence or choose the connected route that matches the notice.

Official sources

Check the material for this question.

Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.

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