The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025 (S.I. 2025/1263) overhaul the MDP disciplinary and performance framework from 29 December 2025. The instrument was made on 1 December and laid before Parliament on 4 December. It is issued free of charge to recipients of S.I. 2020/1087 owing to defects identified in that earlier instrument. The Regulations extend to England and Wales, Scotland and Northern Ireland.
The amendments align the MDP regime with changes made for territorial police forces by the Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558). They also correct drafting errors in the 2020 Regulations and standardise terminology across conduct, performance and appeals processes cited in legislation.gov.uk materials.
A central reform clarifies that conduct resulting in conviction for an indictable‑only offence is always gross misconduct. Indictable‑only is defined by reference to offences triable only on indictment in each UK jurisdiction. This sets an explicit dismissal‑level threshold and removes ambiguity for case assessors and panels.
Outcome rules are tightened. Where misconduct or gross misconduct is found, the decision‑maker must impose disciplinary action. For gross misconduct, dismissal without notice is required unless exceptional circumstances justify a final written warning or reduction in rank. Where neither misconduct nor gross misconduct is established, the case must be directed to the reflective practice review process or closed. Throughout, references are updated to “person or panel” and to hearings being “conducted” rather than “chaired”.
Definitions around seniority are refined. “Senior officer” includes MDP officers temporarily performing senior duties and members of other forces above chief superintendent, with equivalent provisions for former senior officers. This ensures panels are properly constituted and outcomes are available where cross‑force members are involved.
Service of documents moves onto a digital footing. Notices may be given in person, by e‑mail or other electronic communication, or by agreed methods; if that is not reasonably practicable, delivery may be made at the last known address or by first‑class post. Deemed service is the same day if sent before 4.30 p.m. on a working day, the next working day if sent later, or the second working day after posting. Identical service rules are introduced across the Conduct, Performance and Appeals Tribunals Regulations.
Accelerated misconduct procedures are strengthened. “Special conditions” are defined as sufficient documentary evidence to establish on the balance of probabilities that the conduct amounts to gross misconduct, and a public interest in the officer ceasing to serve without delay. After receiving the investigator’s report, the relevant authority may determine at any time whether those conditions are met, but not on or after the date of a scheduled misconduct meeting or hearing. The previous requirement for an investigator’s statement of belief is removed.
For former officers, a new Part 3A provides a structured route from receipt of an investigation report or a direction under the Police Reform Act 2002. The relevant authority must decide within 15 working days whether there is a gross‑misconduct case to answer and whether proceedings should be brought. Where proceedings are brought, there is a presumption of referral to an accelerated misconduct hearing unless the former officer opts for a misconduct hearing or the authority determines that a full hearing is necessary. Late requests to switch to a misconduct hearing may be granted where earlier notification was not reasonably practicable and the request is made promptly.
Modifications for former officers also reframe the public interest test for accelerated action to focus on preventing future appointment as a constable, aligning with barred‑list policy aims. The Regulations set out routing where the Independent Office for Police Conduct, Police Ombudsman for Northern Ireland or Police Investigations and Review Commissioner directs or recommends proceedings.
Performance management is consolidated from three stages to two. Part 4 of the Performance Regulations is removed. An “appeal manager” replaces the second‑line manager for first‑stage appeals, and “senior manager” is defined by seniority rather than line management. Written improvement notices must carry a default monitoring period of three months unless justified grounds exist for a longer period up to 12 months. Meeting nomenclature and cross‑references are updated accordingly.
Appeals arrangements are modernised. Electronic service of appeal documents is permitted with the same deemed‑service rules. In Scotland, one panel member must be a legal member of the First‑tier Tribunal under section 15(2) of the Tribunals (Scotland) Act 2014, reflecting the transition of police appeals into the Scottish Tribunals system.
Transitional provisions are extensive. The conduct and performance amendments generally do not apply to matters already under way before 29 December 2025 or linked matters being handled under earlier regimes. Exceptions apply where the Independent Office for Police Conduct requires re‑investigation or uses its old‑case powers. The new appeal‑service rules do not apply where an appeal notice was lodged before commencement, and changes to tribunal chair eligibility do not affect panels appointed before that date.
For professional standards teams, immediate tasks include refreshing templates to reflect mandatory outcomes and “person or panel” terminology, moving to e‑mail as the default service route with the 4.30 p.m. cut‑off, and revisiting triage against the indictable‑only presumption and special conditions. HR leads should update guidance to line managers on the two‑stage performance process and the three‑month default improvement period.
The instrument is made under sections 3A, 4 and 4A of the Ministry of Defence Police Act 1987 by the Minister of State, Vernon Coaker. The Ministry of Defence records that no significant impact is expected on the private, voluntary or public sectors. Practitioners should cite S.I. 2025/1263 for these amendments and S.I. 2025/558 for the cross‑system alignment when updating local orders and standard operating procedures.