Since 15 December 2017, police forces have been able to bring or continue disciplinary proceedings against former police officers where certain conditions apply:
(A) Where an officer resigns or retires after an allegation of gross misconduct comes to the force’s attention;
(B) Where an allegation of gross misconduct comes to the force’s attention within 12 months of an officer resigning or retiring;
(C) Where an allegation of comes to the force’s attention more that 12 months after an officer resigns or retires and the Independent Office of Police Complaints makes a “Condition C special determination” that taking disciplinary proceedings against the former officer would be reasonable and proportionate.
In one of the first former officer cases to reach a hearing, James Berry represented the Appropriate Authority in Essex Police in a case where an officer facing allegations of gross misconduct resigned shortly before a misconduct hearing.
The misconduct panel made a finding of gross misconduct and finding that the former officer would have been dismissed if had he not ceased to be a member of a police force, which is the only disciplinary action available in a former officer case.
