The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2025 (S.I. 2025/1263) were made on 1 December, laid on 4 December, and come into force on 29 December 2025. The instrument applies UK‑wide and corrects defects in S.I. 2020/1087 while aligning MDP procedures with reforms introduced for territorial forces under S.I. 2025/558.
Gross misconduct now expressly includes any conduct that results in a conviction for an indictable‑only offence. Where a panel or single decision‑maker finds misconduct or gross misconduct, a disciplinary outcome must be imposed; where neither is found, the matter must be referred to the reflective practice review process or closed.
For gross misconduct findings, dismissal without notice becomes the default sanction. A lesser outcome-a final written warning or reduction in rank-may be imposed only where the decision‑maker is satisfied that exceptional circumstances justify it. References throughout are standardised to “person or panel” to reflect both single‑member and panelised hearings.
The accelerated misconduct route is clarified. The special conditions are that written statements or documents provide sufficient evidence on the balance of probabilities to establish gross misconduct, and that it is in the public interest for the officer to cease being an MDP officer without delay. A relevant authority may determine whether those conditions are met any time after receiving the investigator’s report, but not on or after the date of the misconduct meeting or hearing.
A procedural constraint is removed so that referral to an accelerated misconduct hearing no longer depends on an investigator’s certification that the special conditions are met. This enables earlier use of the accelerated route where documentary evidence and the public‑interest test are already satisfied.
Service of notices is modernised. Notices may be given by email or other electronic means; if sent on a working day before 4.30pm, service is deemed that day, otherwise the next working day. Where electronic service or an agreed method is not reasonably practicable, delivery to the last known address or by post is allowed, with deemed service on the second working day.
Definitions of “senior officer” are clarified to include those required to perform the duties of a senior rank and parallel acting‑up provisions for members of relevant forces. Minor textual corrections are made across the Conduct Regulations to remove ambiguity and ensure consistent terminology.
For former officers, Schedule 2 is recast to insert a new Part 3A. The presumption is that the case proceeds by accelerated misconduct hearing unless the former officer opts for a misconduct hearing within 10 working days or the relevant authority determines that a full misconduct hearing is necessary.
Late requests by former officers to move from an accelerated hearing to a misconduct hearing can be granted where earlier notification was not reasonably practicable and the request is made within a reasonable time. Where proceedings are not brought, the relevant authority must notify the former officer and, subject to the harm test, disclose investigation material that relates to them.
In former‑officer cases the public‑interest limb of the special conditions is reframed. The question becomes whether the individual should be prevented from future employment or appointment as a constable, rather than immediate removal from service.
A new gateway requires the relevant authority, once a specified condition applies-receipt of an investigator’s report, a statutory report under the Police Reform Act 2002, a direction or recommendation to bring proceedings, or the conclusion of criminal proceedings-to decide within 15 working days whether there is a gross misconduct case to answer and whether to bring proceedings, giving reasons if the timetable is missed.
Performance management is simplified from three stages to two. The “second line manager” role is removed and replaced with an “appeal manager”, while “senior manager” is defined by reference to rank or seniority rather than a fixed supervisory relationship.
Written improvement notices now carry a default period of three months for demonstrating sufficient improvement, extendable up to a maximum of 12 months where justified. Panels issuing or extending a notice must specify the period and set out the consequences if improvement is not achieved within that timeframe.
Performance procedures adopt the same service rules as conduct cases, allowing email service with the same deemed‑delivery timings and postal deeming on the second working day. Numerous provisions are updated to reflect the shift to a two‑stage model and to remove references to “final” written improvement notices.
The Appeals Tribunals Regulations are amended to reflect the new “second stage” terminology and to allow electronic service with deemed‑delivery rules. For Scotland, one tribunal member must be a legal member of the First‑tier Tribunal under section 15(2) of the Tribunals (Scotland) Act 2014 to reflect the transition of police appeals into the Scottish Tribunals system.
Transitional provisions are extensive. Pre‑commencement allegations, or matters already being handled under existing conduct or performance regimes, generally continue under those arrangements. Exceptions include re‑investigations or directions under sections 13B and 28A of the Police Reform Act 2002. The new conduct rules apply where a referral notice is issued on or after 29 December 2025.
For practitioners, immediate actions include updating Professional Standards and HR templates to enable electronic service, adopting the 4.30pm cut‑off and two‑working‑day postal deeming, and recording reasons where gross misconduct outcomes depart from dismissal. Case plans should reflect the new 10‑ and 15‑working‑day time limits and, for former officers, the presumption in favour of accelerated hearings.
The Regulations are signed by the Minister of State at the Ministry of Defence on 1 December 2025 and are issued free of charge to known recipients of S.I. 2020/1087. The territorial extent is England and Wales, Scotland and Northern Ireland.