MoD Police misconduct rules change on 29 Dec 2025

From Monday 29 December 2025, new rules for the Ministry of Defence Police (MDP) take effect across the UK. They update how misconduct, performance and appeals are handled, bringing the MDP into line with reforms made for territorial police earlier this year. The Statutory Instrument was made on 1 December and laid before Parliament on 4 December, with commencement on 29 December, according to legislation.gov.uk.

If you’re studying policing or criminal justice, here’s the headline change in plain English: a conviction for an indictable‑only offence will always count as gross misconduct, and dismissal is now the default outcome when gross misconduct is proved, unless the panel is satisfied there are exceptional circumstances. The Home Office trailed this direction of travel in spring and applied similar changes to forces in England and Wales in May 2025; the MDP rules now mirror that approach.

Quick definition to help you read the law: indictable‑only offences are the most serious crimes that can be tried only on indictment in the Crown Court (for example, murder). Under the new MDP rules, if an officer is convicted of such an offence, the misconduct threshold is treated as met and the question becomes the outcome, with dismissal as the starting point. This is designed to remove ambiguity and speed up decisions.

There’s also a clearer fork in the road when behaviour falls short but isn’t misconduct. Where a panel or person finds neither misconduct nor gross misconduct, they must either direct a reflective practice review or take no further action. Reflective practice is a learning conversation-not a punishment-aimed at improvement and insight rather than blame. This helps separate honest mistakes from misconduct.

Administration moves into the digital age. Notices can be served by email, with ‘deemed service’ rules to avoid arguments about timing: send before 4.30 p.m. on a working day and it counts that day; otherwise it lands the next working day. Post still works, but is deemed served two working days after posting. These same service rules are carried across conduct, performance and appeals paperwork to keep things consistent.

Faster routes are widened through accelerated misconduct hearings. Where there is sufficient documentary evidence of gross misconduct and it is in the public interest to remove the officer without delay, the relevant authority can seek an accelerated hearing. The instrument also allows referral to an accelerated hearing in certain cases even without an investigator’s ‘special conditions’ statement, reinforcing the priority on timeliness.

Former officers are no longer out of scope. If someone resigns or retires after a gross misconduct case is opened, the new Part 3A expects an accelerated hearing unless the person opts for a full hearing or the authority decides a full hearing is necessary. For former officers, the test now focuses on whether they should be prevented from future employment or appointment as a constable-closing the door on re‑entry if serious wrongdoing is found.

Performance management is simpler. The old three‑stage process is cut to two stages, with a new ‘appeal manager’ role replacing the second line manager for first‑stage appeals. Written improvement notices now default to three months, extendable up to 12 months where justified. The idea is that you get a clear, time‑bound plan for improvement, then a decisive review if progress isn’t made. Similar changes arrived for territorial forces in May 2025; the MDP framework now reflects that model.

Appeals get a small but important update. Where an appeal tribunal panel is used, one member must be a legal member of the First‑tier Tribunal in Scotland. This sits alongside separate Scottish regulations that, from 29 December 2025, abolish Police Appeals Tribunals and transfer their functions to the Scottish Tribunals system, helping to keep appeal routes aligned.

Transitional rules protect ongoing cases. If an allegation or performance case was already being handled under the older regime, it generally stays there. The new MDP amendments bite mainly where no notice of referral had been issued before 29 December 2025, and where appeals are lodged after commencement-so you should always check the timeline of each case before applying the new rules.

What this means for your studies: imagine an MDP officer convicted of an indictable‑only offence. Under the 2025 rules, the misconduct label is automatic and the panel starts from dismissal, only moving to a final written warning or reduction in rank if there are truly exceptional reasons. That’s a high bar, and it’s meant to give the public a clear line on serious wrongdoing in policing.

Another scenario is poor performance. Under the new two‑stage system, the officer gets a written improvement notice-typically three months-with support and expectations spelled out. If improvement isn’t sufficient, a second stage follows and can lead to stronger outcomes. Keeping improvement periods short and specific aims to make performance management fair, quicker and easier to track.

Study tip for reading Statutory Instruments: start with the citation and commencement date, note any definitions in the interpretation clause (terms like ‘indictable‑only’ matter), and then track what each Part amends-conduct, performance, appeals and transitional provisions. Using legislation.gov.uk’s ‘Explanatory Note’ alongside the main text makes the policy aim clearer and is a good habit for exams and essays.