The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2026

Published: Wed 16th Sept 26

Updated the Ministry of Defence Police disciplinary code to mandate dismissal for gross misconduct and simplified performance management into a two-stage process.

These Regulations amend the disciplinary, performance, and appeals framework for the Ministry of Defence Police to align with standards used by territorial police forces.

The instrument mandates that conduct resulting in a conviction for an indictable-only offence constitutes gross misconduct and requires dismissal without notice for gross misconduct findings unless exceptional circumstances exist.

It applies to all Ministry of Defence Police officers, former officers, and relevant authorities, streamlining performance procedures from three stages to two and authorizing the use of electronic communication for legal notices.

Arguments For

The explanatory note states that the instrument aligns Ministry of Defence Police (MDP) disciplinary procedures with those applicable to territorial police forces in England and Wales following amendments in 2025.
The document indicates that certain provisions are made to correct defects in the preceding 2020 Regulations.
Proponents may argue that the inclusion of indictable-only offences as automatic gross misconduct ensures public confidence by providing a clear standard for dismissal.
The legislation establishes that transitioning from a three-stage to a two-stage performance process and permitting electronic service of documents intends to streamline administrative procedures.

Arguments Against

Legal scholars might question the removal of the three-stage performance review process, potentially arguing it reduces the opportunity for remedial action before dismissal proceedings.
Affected officers or representative bodies may raise concerns regarding the "deemed service" rules for electronic communications, which assume delivery by the next working day regardless of actual receipt.
Critics might argue that narrowing the discretion for disciplinary panels by requiring dismissal for gross misconduct except in "exceptional circumstances" reduces the ability to consider mitigating factors on a case-by-case basis.

Part 1 Introductory

Citation, commencement and extent

-(1) These Regulations may be cited as the Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2026 and come into force on 6th October 2026.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

This section establishes the official title of the regulations and sets the commencement date for the new rules as 6 October 2026.

It confirms the legislation applies throughout the United Kingdom, covering England, Wales, Scotland, and Northern Ireland.

Amendment to regulation 2 (interpretation and delegation)

5 In regulation 2-

(a) in paragraph (1)-
(i) in the definition of 'gross misconduct', after 'as to justify dismissal' insert ', and for the purposes of these Regulations conduct which has resulted in a conviction for an indictable-only offence is to be taken to constitute such a breach';

This amendment expands the definition of 'gross misconduct' to automatically include any conduct that results in a conviction for an indictable-only offence (serious crimes typically tried in a Crown Court).

It ensures that such convictions are legally recognized as grounds for dismissal without further evidentiary debate regarding the severity of the breach.

Amendment to regulation 8 (provision of notices or documents)

8 In regulation 8-

(a) in paragraph (1)-
(ii) for sub-paragraph (b) substitute-
'(b) sent to the officer by e-mail or other means of electronic communication,'; ... (4) Where a written notice or document is sent by e-mail or other means of electronic communication under paragraph (1)(b), it is to be taken to have been given or supplied to the officer concerned-
(a) if the e-mail or other electronic communication is sent on a working day before 4.30 p.m., on that day, or
(b) in any other case, on the next working day after the day on which it was sent.

This section authorizes the service of disciplinary notices and legal documents to officers via email or other electronic means.

It establishes a 'deemed service' rule where messages sent before 4:30 p.m. on a working day are legally considered delivered on that same day.

Amendment to regulation 41 (outcome of misconduct proceedings)

10 In regulation 41-

(a) for paragraph (1) substitute- '(1) Where the person or panel conducting the misconduct proceedings finds that the conduct of the officer concerned amounts to misconduct or gross misconduct, they must impose disciplinary action in accordance with paragraph (2) or (3) as appropriate.'
(b) in paragraph (3)(b) for paragraphs (i) to (iii) substitute-
'(i) dismissal without notice, or
(ii) if the person or panel conducting the misconduct proceedings is satisfied that there are exceptional circumstances which justify it- (aa) a final written warning, or (bb) reduction in rank.';

This provision changes the rules for disciplinary outcomes by mandating that a panel must take action if misconduct is found.

For gross misconduct, the default penalty is now dismissal without notice, unless the panel specifically finds and documents exceptional circumstances that justify a lesser penalty like a warning or demotion.

Omission of Part 4 (second stage)

52 Omit Part 4.

Amendment to heading to Part 5 (third stage)

53 In the heading to Part 5, for 'Third Stage' substitute 'Second Stage'.

These regulations remove the middle stage of the MDP performance management process, effectively collapsing a three-stage system into a two-stage system.

This simplifies the route from an initial improvement notice to a final performance meeting where an officer's employment status is decided.

Part 3 Transitional Provisions

-(1) Subject to paragraphs (2) and (3), the amendments made by Chapters 2 and 3 of Part 2 do not have effect in relation to-

(a) a pre-commencement allegation, or
(b) an allegation against an MDP officer or former MDP officer which comes to the attention of a relevant authority on or after 6th October 2026 and which relates to a matter in respect of which a pre-commencement allegation against that person was made...

The transitional provisions ensure that the new conduct and performance rules generally do not apply to allegations or performance issues that were already being handled before 6 October 2026.

It maintains the previous legal standards for ongoing cases to ensure procedural fairness, except where specific new notices are issued after the commencement date.

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