Police gross misconduct examples

We rely on the police to uphold the laws and protect us from the threat of criminal activity. Unfortunately, sometimes our trust isn’t always justified by the behaviour of individual police officers.

In fact, recent events – including scandals around institutional racism and mistreatment of women and girls – have highlighted the risks posed by police officers who fail to uphold the standards we expect of them.

This is known as police misconduct – or, in more extreme cases, police gross misconduct. If you experience gross misconduct on the part of a police officer, it can have a devastating impact on your life and lead to a range of ongoing issues, including physical injuries, distress, financial losses and reputational damage.

That’s why it’s essential that you know how to recognise police misconduct – and especially gross misconduct – when it happens. In this post, we’ll explain what police gross misconduct is and give you some clear examples that can help you identify if you’ve been a victim.

We’ll also explain how you can seek redress if you’ve experienced police gross misconduct, including by seeking compensation through a civil action against the police.

What is police misconduct?

Generally speaking, police misconduct refers to any instance where the behaviour of a police officer falls short of the expected standards. These standards are formally set out in the Standards of Professional Behaviour, which lists ten different categories, including:

• Honesty and integrity
• Authority, respect and courtesy
• Equality and diversity
• Use of force
• Confidentiality
• Fitness for duty
• Discreditable conduct

As you can see, there are many different ways that a police officer can fail to uphold their responsibilities in terms of how they treat the public. And while some cases of police misconduct are more serious than others, they can all have a significant negative impact on those affected.

Let’s turn now to focus on the most extreme cases, which constitute police gross misconduct.

What is police gross misconduct?

Police gross misconduct still refers to cases where a police officer breaches the standards of professional behaviour. In this case, however, the incident is so severe that it would justify the officer being sacked. In practice, however, this does not mean that an officer found to have committed gross misconduct will be sacked – rather, it simply means this would be a justifiable outcome.

Needless to say, gross misconduct is used to describe the most serious cases of misbehaviour by a police officer. This means that the impact on those affected by it will likely also be severe. With this in mind, it’s essential that you are able to recognise gross misconduct when it takes place.

Let’s look at some specific examples of police gross misconduct to help you identify it more easily.

Examples of police gross misconduct

Excessive force and police assault

While police officers are allowed to use force in certain circumstances, there are strict limitations they must adhere to.

While force can be used by officers to make a lawful arrest, prevent a crime and protect themselves or someone else from harm, it should be reasonable force, if necessary. That is, there must be no alternative to using force, and the amount of force used must not be more than is necessary.

If an officer uses excessive force, this can be extremely dangerous for the victim and may lead to long-term injuries and mental health problems that require extensive treatment.

A recent example of excessive force is the case of Christopher Cruise, an officer in the Merseyside Police, who was captured on CCTV assaulting a 10-year-old student. Cruise was seen dragging the student across the floor and threatening to kick him in the shocking footage. The officer, who was a school liaison officer, was later found to have committed gross misconduct at a special hearing.

This extreme case shows how the excessive use of force by a police officer can be deeply traumatising – all the more so if the victim is vulnerable.

False imprisonment

As well as using force, police officers are also entitled to deprive people of their liberty in various ways. This could be by restraining them or placing them under arrest, for example. But again, there are strict limits on these powers.

For instance, in order to lawfully arrest someone, a police officer must either have a warrant or have reasonable suspicion and reasonable belief that an arrest is necessary – for instance, to prevent a crime from taking place. By the same token, restrictions apply to performing a stop and search – an officer must have reasonable grounds for stopping you and state this prior to doing so.

In one recent case, Team GB sprinter Bianca Williams and her partner were stopped in their car and handcuffed by police officers while the vehicle was searched. Their three-month old son was in the car at the time. The officers claimed that they had smelled cannabis, but this was later determined to be a lie. Two of the officers involved were found to have committed gross misconduct.

Ms Williams and her partner felt this interaction with the police was racially motivated, and while the panel found that they had not been treated unfavourably due to their race, it caused widespread community concern as it was reflective of the experiences of many black people across London and throughout England and Wales. Stop and search has long affected Black communities more than others, and the police continue to face the issue of institutional racism.

Misconduct in public office

Police officers are not just expected to use their powers in a lawful way – they are also required to uphold the overall reputation of the police and to conduct themselves appropriately.

Unfortunately, however, this is not always the case. There have been ongoing concerns that vetting failures have led to predatory officers finding their way into the police force. In a recent incident that further exacerbates these concerns, a Merseyside Police officer was found to have used his position to exploit vulnerable women, including pursuing relationships with women he came into contact with while on duty.

This breach of trust led to the officer being jailed for four years and being dismissed from the force for gross misconduct. The judge in the case noted that the officer had “caused each of [his] victims untold emotional harm”.

What to do if you experience police gross misconduct

The examples listed above are no doubt shocking, and highlight the serious impact that gross misconduct can have. For the victims, gross misconduct can lead to a range of issues, from physical injuries that require ongoing treatment to financial losses, reputational damage and mental distress.

With this in mind, it’s important to be aware of the steps you can take if you experience any form of police misconduct, including gross misconduct. In the first instance, you can make a complaint directly to the police force responsible – read our blog post on how to make a police complaint for more details.

Making a police complaint may result in the officers responsible being disciplined and you may also receive a formal apology. However, you will not be able to secure any compensation. In order to seek compensation, you will need to take the police force responsible for the incident to court through a civil action against the police.

While this may seem like a major step, compensation can provide a huge boost in helping you to move on from the incident. It can offset any medical costs or financial losses you may have suffered – from being unable to work, for instance – as well as acknowledging the harm you have experienced.

Read on below to find out how you can pursue a gross misconduct claim.

HNK Solicitors can support your police gross misconduct claim

Police gross misconduct can be devastating for those affected. That’s why it’s essential not just to be able to recognise it when it does happen, but also to know what steps you can take to seek redress. In order to pursue the compensation you deserve, you’ll need the support of an experienced solicitor – and that’s exactly what HNK Solicitors can offer.

Our team of expert actions against the police solicitors have helped many clients to secure compensation after an experience of police misconduct. With an in-depth knowledge of the relevant regulations, our team can help to ensure you get the full amount of compensation you’re owed, and our sensitive and tailored service lets you focus on your recovery while we pursue your case.

We offer free consultations for those affected by police misconduct, with no obligation to pursue a claim. If we do think you’re entitled to compensation, we can offer to take up your claim on a no-win, no-fee basis. To learn more, call us on 0151 668 0809, or email us at enquiries@hnksolicitors.com.