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Changes to the Police Conduct, Vetting and Complaints Regulations

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The government has introduced another set of regulations to clarify, update and amend the police standards regime. These regulations are complex and wide-ranging and, due to come into force on 13 July 2026 and are subject to transitional provisions.

In summary, both the conduct and vetting regimes have been amended along with the criteria needed to be appointed as an officer. The rules on suspending officers have been tightened and extended to new recruits, with a particular focus on domestic abuse (which supports the government’s manifesto pledge to eradicate violence against women and girls). The vetting regime is updated to ensure uniformity in the application of the applicable guidance. 

We have set out below the regulations that are amended and how by these new regulations:

The Police (Conduct) Regulations 2020

These amendments to the conduct regulations applies to all behaviour (and allegations) that arise on or after 13 July 2026.

Regulation 11 — regarding suspension — has been substituted so that there is now a duty to suspend an officer if the effective investigation of the case may be prejudiced unless the officer is suspended or, the public interest otherwise requires it. The decision to suspend is no longer discretionary.

A new regulation 11B is inserted, which makes it a requirement for the appropriate authority to decide within three working days to suspend an officer who is subject to a criminal investigation and, the conduct is assessed as gross misconduct. The suspension must be reviewed within 12 weeks (whereas before it was four weeks).

A new regulation 11C is inserted, which means that if an officer is arrested for a sexual or domestic abuse-related offence (listed in Schedule 3 of the 2026 regulations), the public interest requires suspension unless there are exceptional circumstances. These exceptional circumstances must be approved by the chief officer (or assistance commissioner).

A new regulation 11E is inserted, which explains that if an officer is not arrested for a schedule 3 offence but, the appropriate authority makes a domestic abuse assessment, the public interest requires suspension unless there are exceptional circumstances.

A new regulation 11F and 11G is inserted, which make suspension automatic upon being charged with a schedule 3 offence or an offence involving alleged domestic abuse. Pursuant to regulation 11H, the officer may make representations against a domestic abuse assessment.

Regulation 9(4)(b) — regarding the provision of notices or documents — has been updated to correct an error. Written notices are taken to be given to the officer on the second day after it was posted or — now — in any other case, on the next working day after that second day.

The Police (Complaints and Misconduct) Regulations 2020

Regulation 17 — regarding notification of severity assessments — has consequential amendments that following from the above changes made to the duty to suspend.

The Police (Vetting) Regulations 2025

New regulation 4A is inserted, requiring notification by the Vetting Authority to the College of Policing (CoP) and NPCC of any deviation by the vetting authority of a ‘repeated or prolonged basis’ from the Vetting Code of Practice/any other Home Office/CoP guidance.

New regulations 4B-4H provide a process whereby police candidates may not be appointed without vetting. The regulations prescribe when they would not be suitable to hold clearance, a duty to provide detailed reasons for some such vetting decisions and an appeal to a nominated vetting appeal decision maker.

New regulations 5A-5F/Schedule provide a process for review/renewal of a serving officer’s vetting clearance, vetting requirements for officer transfers, mandatory criminal history checks in some cases and considering clearance following misconduct proceedings. They prescribe when an officer would not be suitable to hold clearance (save exceptional circumstances, a duty to give ‘detailed reasons’ for some vetting decisions and an appeal process for vetting decisions as to conditions and transferees (withdrawal decisions have their own appeal process).

Regulation 7 — regarding record of vetting clearance — is amended to expand recording requirements as regards an officer’s vetting history.

Regulation 13 — regarding vetting suspension — has been substituted with new regulations 13 and 13A so that (similar to the conduct regulations) there is now a duty, not discretion, to suspend an officer if the withdrawal assessment may be prejudiced or the public interest requires it. Review periods have also been extended in the same way as the Conduct Regulations above (4 weeks to 12 weeks).

Regulation 15 — regarding vetting severity assessment — has been amended to mandate criminal history checks before conducting such assessment (unless such checks have already been done).

The above are subject to complex transitional provisions at regulation 28 which should be reviewed carefully. Broadly, if a force granted clearance to a police candidate or officer but did not appoint them before commencement, they may not be appointed until checks specified in the amendments are made and their suitability is reconfirmed. The statutory requirement to consider clearance following misconduct proceedings (new regulation 5A(3)) does not apply if the same concluded before commencement. Information already known as to an officer’s conviction, caution or sex offence notification requirements, are treated as coming to attention immediately after commencement. The changes to vetting suspension only apply to matters triggering the vetting regulations (i.e. under regulation 4(1)) after commencement.

The Police Regulations 2003

Regulation 10 — qualifications for appointment to a police force — is amended to bar a candidate from being eligible to become an officer if they have engaged in qualifying criminal conduct.  Such qualifying conduct includes having received a custodial sentence, being a registered sex offender or having been convicted of a domestic abuse offence.

An amendment is also made to ensure the candidate holds a valid vetting clearance to be eligible to become an officer.

Comment

The changes brought about by these regulations are a necessary refresh to the police standards regime. They clarify existing powers, put many vetting requirements previously found in guidance on a statutory footing and, clarify the position on what to do with officers who are arrested and charged with criminal offences. The obvious area which is open to interpretation is what constitutes exceptional circumstances for the purpose of not suspending an officer. We expect decisions will be made at a local level on a case-by-case basis on this issue.  

For expert legal advice tailored to police forces, contact our emergency services solicitors.

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Written by:

Chris  Wilkinson

Chris Wilkinson

Partner

Chris is a Partner who specialises in advising police forces on a wide spectrum of matters including misconduct, malfeasance claims, operational advice, governance, regulatory and contractual matters.

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