Legal Authorities That Underpin The Principle

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Several legal authorities and sources underpin the principle that disciplinary proceedings can occur concurrently with criminal proceedings in English law. Here are some key references:

1. Regulatory Framework:

   • Police (Conduct) Regulations 2020: These regulations govern the conduct of police officers in England and Wales. They specify that disciplinary proceedings can be initiated and conducted independently of any criminal proceedings. Regulation 11 outlines the suspension process and how disciplinary procedures can be managed during such suspensions.
   • Home Office Guidance on Police Misconduct, Unsatisfactory Performance and Attendance Management Procedures: This guidance document provides comprehensive details on how disciplinary actions should be managed, including the interplay between criminal and disciplinary investigations.

2. Case Law:

   • R v. Chief Constable of Merseyside Police, ex parte Merricks [1986] 1 WLR 1052: This case affirmed that disciplinary proceedings are distinct from criminal proceedings and can proceed concurrently. The judgment highlighted that the police force has the authority to maintain internal discipline regardless of pending criminal charges.
   • R (on the application of Redgrave) v Commissioner of Police of the Metropolis [2003] EWCA Civ 04: This case addressed the separation of criminal and disciplinary processes, affirming that disciplinary actions should not be unduly delayed due to pending criminal investigations or trials.

3. Legal Commentary:

   • Smith, Bailey, & Gunn on Police Law (14th Edition): This authoritative text on police law elaborates on the distinction between disciplinary and criminal proceedings and supports the concurrent running of both. It discusses the procedural and legal basis for conducting disciplinary hearings independently of criminal proceedings.
   • Arlidge and Eady on Police Misconduct and Performance: This book provides detailed insights into the procedural rules governing police misconduct investigations, emphasizing the independence of disciplinary processes from criminal matters.

4. Professional Standards and Ethics:

   • Code of Ethics for the Policing Profession of England and Wales: Issued by the College of Policing, this code outlines the ethical framework and standards expected of police officers, supporting the need for prompt disciplinary action to uphold these standards.

These authorities collectively support the principle that disciplinary proceedings can and often should proceed independently of criminal proceedings, ensuring that police forces maintain high standards of conduct and accountability.