The Police (Conduct and Vetting etc.) (Amendment) Regulations 2026

5 Substitution of regulation 11 (suspension)

For regulation 11 substitute— Duty to suspend where suspension condition met 11 (1) The appropriate authority must suspend the officer concerned under this regulation if— (a) the appropriate authority is satisfied that the condition in paragraph (4) (the “suspension condition”) is met, and (b) the officer is not already suspended. (2) An officer who is suspended under this regulation remains a police officer for the purposes of these Regulations and the Vetting Regulations. (3) Suspension under this regulation must be with pay. (4) The suspension condition is that— (a) the effective investigation of the case may be prejudiced unless the officer concerned is suspended, or (b) the public interest otherwise requires that the officer should be suspended. (5) When deciding if the suspension condition is met, the appropriate authority must consider whether temporary redeployment to alternative duties or an alternative location is an appropriate alternative to suspension in all the circumstances of the case. (6) Suspension under this regulation is effective from the date and time of notification, which must be given to the officer concerned either— (a) in writing with a summary of the reasons, or (b) orally, in which case the appropriate authority must confirm the suspension in writing with a summary of the reasons before the end of the period of three working days beginning with the first working day after the suspension. (7) Suspension under this regulation must continue until whichever of the following occurs first— (a) the appropriate authority is no longer satisfied, following a review under regulation 11A, that the suspension condition is met; (b) it is decided that the officer has no case to answer in respect of misconduct or gross misconduct or it is decided that the officer has a case to answer but that the conduct of the officer should not be referred to misconduct proceedings or an accelerated misconduct hearing; (c) such proceedings have concluded; (d) regulation 11F(2)(a) or 11G(2) applies (with the result that suspension continues under regulation 11F or 11G respectively). (8) In a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) applies, the appropriate authority must consult with the Director General before deciding for the purposes of this regulation whether the suspension condition is met. Review of suspension under regulation 11 11A (1) The officer concerned, or the officer's police friend, may make representations against suspension under regulation 11 to the appropriate authority— (a) before the end of the period of seven working days beginning with the first working day after the officer is suspended; (b) at any time during the suspension if the officer reasonably believes that circumstances relevant to the suspension condition have changed. (2) The appropriate authority must review whether the suspension condition is met— (a) on receipt of any representations under paragraph (1); (b) if there has been no previous review, before the end of the period of 12 weeks beginning with the first working day after the suspension; (c) in any other case— (i) when it becomes aware that circumstances relevant to the suspension condition may have changed (otherwise than by means of representations made under paragraph (1)); (ii) before the end of the period of 12 weeks beginning with the first working day after the previous review. (3) Where, following a review, the appropriate authority remains satisfied that the suspension condition is met, it must, before the end of the period of three working days beginning with the first working day after the review, so notify the officer concerned in writing with a summary of the reasons. (4) In a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act applies, the appropriate authority must consult with the Director General before deciding for the purposes of this regulation whether the suspension condition is met. Regulation 11 supplementary: officer investigated in relation to a criminal offence 11B (1) This regulation applies where— (a) the officer concerned is the subject of a criminal investigation, and (b) it has been assessed under regulation 14 of these Regulations or regulation 16 or 19 of the Complaints and Misconduct Regulations that the conduct of the officer, if proved, would amount to gross misconduct. (2) Unless the officer concerned is already suspended, the appropriate authority must decide whether the suspension condition is met within the period of three working days beginning with the first working day after— (a) where the assessment was carried out under regulation 14 of these Regulations, the conditions in paragraph (1)(a) and (b) are both met; (b) where the assessment was carried out under regulation 16 or 19 of the Complaints and Misconduct Regulations, it comes to the attention of the appropriate authority that the conditions in paragraph (1)(a) and (b) are both met. (3) In this regulation, “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. Regulations 11 and 11A supplementary: officer arrested or questioned under caution in relation to a relevant offence 11C (1) This regulation applies where the officer concerned is— (a) arrested in relation to a relevant offence, or (b) in a case to which section 29 of the Police and Criminal Evidence Act 1984 (voluntary attendance at police station etc.) applies, questioned under caution in relation to a relevant offence. (2) Regulation 11 is supplemented by the following provisions— (a) unless the officer concerned is already suspended, and subject to paragraph (3), the appropriate authority must decide whether the suspension condition is met within the period of three working days beginning with the first working day after the day on which the event mentioned in paragraph (1)(a) or (b) comes to the attention of the appropriate authority; (b) the public interest requires suspension unless there are exceptional circumstances; (c) if the appropriate authority decides that the suspension condition is not met, it must proceed under regulation 11D, unless the appropriate authority is the Common Council. (3) Where a decision that the suspension condition is not met must be authorised by an officer of at least the rank of assistant commissioner or (as the case may be) a chief officer of police in accordance with regulation 2(4ZA), the reference to “three working days” in paragraph (2)(a) is to be read as a reference to “eight working days”. (4) Regulation 11A is supplemented by the provision in paragraph (2)(b). (5) In this regulation, “relevant offence” means— (a) an offence listed in Schedule 3 (“a listed offence”), or (b) an attempt or conspiracy to commit a listed offence. Decision not to suspend in regulation 11C cases: notification to senior authority 11D (1) If the appropriate authority is required by regulation 11C(2)(c) to proceed under this regulation, it must inform the specified person of its decision that the suspension condition is not met without delay. (2) The specified person is— (a) where the appropriate authority is the chief constable of a police force for a police area, the police and crime commissioner for that police area; (b) where the appropriate authority is a police and crime commissioner for a police area, the police and crime panel established for that police area under section 28(1) of the Police Reform and Social Responsibility Act 2011; (c) where the appropriate authority is the Commissioner of Police of the Metropolis— (i) if the officer concerned is the Deputy Commissioner of Police of the Metropolis, the Mayor’s Office for Policing and Crime and the Secretary of State; (ii) in any other case, the Mayor’s Office for Policing and Crime; (d) where the appropriate authority is the Mayor’s Office for Policing and Crime, the Secretary of State; (e) where the appropriate authority is the Commissioner of Police for the City of London, the Common Council. Regulations 11 and 11A supplementary: officer arrested or questioned under caution in relation to an offence involving domestic abuse 11E (1) This regulation applies where— (a) the officer concerned is— (i) arrested in relation to an offence which is not a relevant offence, or (ii) in a case to which section 29 of the Police and Criminal Evidence Act 1984 (voluntary attendance at police station etc.) applies, questioned under caution in relation to such an offence, and (b) the appropriate authority makes a domestic abuse assessment in relation to the alleged conduct of the officer (whether before or after the officer is arrested or questioned under caution). (2) Regulations 11C and 11D apply as if the offence were a relevant offence, subject to paragraph (3). (3) Regulation 11C is to be read as if for paragraph (2)(a) of that regulation there were substituted— (a) unless the officer concerned is already suspended, and subject to paragraph (3), the appropriate authority must decide whether the suspension condition is met within the period of three working days beginning with the first working day after the day on which— (i) the event mentioned in paragraph (1)(a) or (b) comes to the attention of the appropriate authority, or (ii) if later, the appropriate authority makes the domestic abuse assessment in relation to the officer’s alleged conduct; . (4) In this regulation, “domestic abuse assessment” means an assessment that the conduct of the officer concerned would, if proved, amount to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act). Automatic or mandatory suspension: officer charged with a relevant offence 11F (1) This regulation applies where the officer concerned is charged with a relevant offence. (2) Where, immediately before being charged, the officer concerned was already suspended under— (a) regulation 11, the suspension continues under this regulation with effect from the date and time of the charge; (b) regulation 11G, and the deadline for a review has not passed (see regulation 11H(1)), the suspension continues under this regulation with effect from the date and time of the charge; (c) the Vetting Regulations, the suspension continues under this regulation with effect from— (i) the date and time of the charge, or (ii) if later, the date and time that the allegation concerned comes to the attention of the appropriate authority. (3) In a case to which paragraph (2)(a), (b) or (c) applies, the appropriate authority must notify the officer concerned that their suspension is continuing under this regulation without delay and in any event before the end of the first working day after the suspension first continues under this regulation. (4) Where the officer concerned was not already suspended immediately before being charged— (a) if the officer was given a written notice in accordance with regulation 17(1) of these Regulations or regulation 17(1) of the Complaints and Misconduct Regulations before the day on which the officer is charged— (i) the officer is automatically suspended under this regulation with effect from the date and time that they are notified of the charge, and (ii) the appropriate authority must, without delay and in any event before the end of the first working day after the suspension, notify the officer that they are so suspended; (b) in any other case, the appropriate authority must, without delay and in any event before the end of the first working day after the officer is charged with the offence, suspend the officer with effect from the date and time of notification, which must be given in accordance with regulation 11(6)(a) or (b). (5) Paragraphs (2) and (3) of regulation 11 apply to suspension under this regulation as they apply to suspension under that regulation. (6) Suspension under this regulation must continue until the officer concerned ceases to be charged with a relevant offence as a result of criminal proceedings being discontinued or the officer being found not guilty. (7) In a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act applies, the appropriate authority must inform the Director General of any suspension or (as the case may be) continued suspension under this regulation without delay and in any event before the end of the first working day after the officer is suspended or (as the case may be) their suspension first continues under this regulation. Mandatory suspension: officer charged with an offence involving domestic abuse 11G (1) This regulation applies where— (a) the officer concerned is charged with an offence other than a relevant offence, and (b) the appropriate authority makes a domestic abuse assessment in relation to the alleged conduct of the officer (whether before or after the officer is charged). (2) Where the officer concerned was already suspended under regulation 11 or the Vetting Regulations immediately before being charged— (a) if the appropriate authority made the domestic abuse assessment before the officer is charged, the suspension continues under this regulation with effect from the date and time of the charge; (b) if the appropriate authority made the domestic abuse assessment after the officer is charged, the suspension continues under this regulation with effect from the date and time that the domestic abuse assessment was made. (3) In a case to which paragraph (2)(a) or (b) applies, the appropriate authority must— (a) notify the officer concerned that their suspension is continuing under this regulation without delay and in any event before the end of the first working day after the suspension first continues under this regulation, and (b) include within the notification— (i) a summary of the reasons for the domestic abuse assessment, and (ii) a statement of the right of review under regulation 11H. (4) Where the officer concerned was not already suspended immediately before being charged, the appropriate authority must suspend the officer with effect from the date and time of notification. (5) Notification under paragraph (4) must— (a) be given to the officer concerned in accordance with regulation 11(6)(a) or (b), (b) be given without delay and in any event— (i) if the appropriate authority made the domestic abuse assessment before the officer is charged, before the end of the first working day after the day on which the officer is charged; (ii) if the appropriate authority made the domestic abuse assessment after the officer is charged, before the end of the first working day after the day on which it made the domestic abuse assessment, and (c) include a statement of the right of review under regulation 11H. (6) Paragraphs (2) and (3) of regulation 11 apply to suspension under this regulation as they apply to suspension under that regulation. (7) Suspension under this regulation must continue until whichever of the following occurs first— (a) following a review under regulation 11H, the appropriate authority withdraws the domestic abuse assessment; (b) regulation 11F(2)(b) applies (in which case suspension continues under regulation 11F); (c) the officer concerned ceases to be charged with the offence as a result of criminal proceedings being discontinued or the officer being found not guilty; (d) one of the events mentioned in regulation 11(7)(b) or (c). (8) In a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act applies, the appropriate authority must consult with the Director General before making a domestic abuse assessment. Review of suspension under regulation 11G: offences involving domestic abuse 11H (1) The officer concerned, or the officer’s police friend, may make representations against the domestic abuse assessment to the appropriate authority before the end of the period of seven working days beginning with the first working day after whichever of the following events occurs— (a) the officer’s suspension first continues under regulation 11G in accordance with paragraph (2) of that regulation; (b) the officer is suspended in accordance with regulation 11G(4). (2) The appropriate authority must review the domestic abuse assessment on receipt of any representations under paragraph (1). (3) Where, following a review under this regulation, the appropriate authority maintains its domestic abuse assessment, it must, before the end of the period of three working days beginning with the first working day after the review, so notify the officer concerned in writing with a summary of the reasons. (4) In a case to which paragraph 18 or 19 of Schedule 3 to the 2002 Act applies, the appropriate authority must consult with the Director General before maintaining or withdrawing its domestic abuse assessment. .