Code

Category

Definitions

Home Office subgroup

A

Serious Non-sexual Assault

Section 18 or Section 20 assaults, but up to and including homicide

Oppressive Behaviour

B

Sexual assault

Including female or male rape, attempted rape and paedophilia (including sexual assaults on children).

Oppressive Behaviour

C

Other assault

A person serving with the police must never knowingly use more force than is reasonable, nor should they abuse their authority. This category includes any unjustified use of force or personal violence (but not technical assaults arising from unlawful arrest) and any incident involving police dogs or police horses where the incident is attributable to the conduct of the member in control, unless the severity of injury puts them into category `A' above.

Oppressive Behaviour

D

Oppressive conduct or harassment

Unjustified interference, questioning or surveillance. Improper requests for driving documents.

Oppressive Behaviour

E

Unlawful/unnecessary arrest or detention

Where a person serving with the police makes any unlawful or unnecessary arrest or detains any person unnecessarily.

Oppressive Behaviour

F

Discriminatory behaviour

Acts toward an individual that a person serving with the police may have come into contact with whilst on or off duty, which amount to an abuse of authority or maltreatment. Includes acts committed on grounds of another person's nationality or ethnicity; sexual orientation; or religion.

Discriminatory Behaviour

G

Irregularity in relation to evidence/perjury

It is of paramount importance that the public has faith in the honesty and integrity of all those serving with the police. All such persons should therefore be open and truthful in their dealings; avoid being improperly beholden to any person or institution; and discharge their duties with integrity. A breach of this category includes perjury or other allegations of falsehood, including an allegation that evidence was obtained by irregularity or under duress.

Malpractice

H

Corrupt practice

It is of paramount importance that the public has faith in the honesty and integrity of all persons serving with the police and that they avoid being improperly beholden to any person or institution; and discharge their duties with integrity. A breach of this category includes any criminal allegation of corruption or any other form of corrupt practice.

Malpractice

J

Mishandling of property

A person serving with the police must exercise reasonable care to prevent loss or damage to property (excluding their own personal property but including police property). A breach of this category includes the theft or loss of property (including money); unreasonable retention of property; damage to property in Police custody; failure to account for money or property; improper disposal of property. In all cases save complaints of theft, these matters should be included under S (Failures in duty) if the complaint is specifically one of negligence, with no implication of dishonesty.

Malpractice

K

Breach of Code A PACE on stop and search

Unjustified use of the relevant power, particularly where reasonable suspicion cannot be supported; failure to act appropriately before or during a search or to make the necessary record where practicable.

Failures in Duty

L

Breach of Code B PACE on searching of premises and seizure of property

Unauthorised entry on search; failure to provide information to occupier; improper or excessive search; failure to record searches properly; not securing premises where necessary; breach of rules on seizure or retention.

Failures in Duty

Code

Category

Definitions

Home Office subgroup

M

Breach of Code C PACE on detention, treatment and questioning

Failure to inform detained persons of their rights and entitlements; unjustified obstruction of access to legal advice; holding persons incommunicado; not providing necessary support/advice to young/vulnerable detained persons; failure to maintain proper custody/property records; not providing mandatory physical conditions whenever practicable; not carrying out searches on detained persons in accordance with the Code; conducting review of detention improperly or at inappropriate intervals. Failure to caution or charge when required; interviewing oppressively or in inappropriate circumstances; not making proper records of interviews and allowing them to be checked by suspects where practicable; not providing interpreters where necessary.

Failures in Duty

N

Breach of Code D PACE on identification procedures

Failure to provide suspects with information about identification procedures or to offer them a choice between procedures where appropriate; not conducting or recording identification procedures properly; not obtaining necessary consents to the taking of fingerprints, photographs or body samples; not providing suspects with opportunity to witness destruction of fingerprints or photographs where appropriate.

Failures in Duty

P

Breach of Code E PACE on tape recording

Failure to tape record (without good reason); failure to handle tapes openly and in front of the suspect or to maintain adequate tape security; not making a proper record of objections, complaints, breaks etc.)

Failures in Duty

Q

Lack of fairness and impartiality

A person serving with the police has a particular responsibility to act with fairness and impartiality in all their dealings with the public and colleagues. A breach of this code includes unjustified interference, questioning or surveillance, and improper requests for driving documents.

Discriminatory Behaviour

R

Multiple or unspecified breaches of PACE which cannot be allocated to a specific code

Failures in Duty

S

Other neglect or Failure in duty

A person serving with the police should be conscientious and diligent in the performance of their duties. They should attend work promptly when rostered or informed of their duties. If absent through sickness or injury, they should avoid activities likely to retard their return to duty.

Failures in Duty

T

Other irregularity in procedure

Other procedural irregularities not caused by neglect except breaches in the Codes of Practice.

Failures in Duty

U

Incivility, impoliteness and intolerance

A person serving with the police should treat members of the public and colleagues with courtesy and respect, avoiding abusive or deriding attitudes or behaviour. In particular they must avoid: favouritism of an individual or group; all forms of harassment, victimisation or unreasonable discrimination; and overbearing conduct to a colleague, particularly to one junior in rank or service.

Incivility

V

Traffic Irregularity

Complaints about the driving or use of vehicles on Police business (but not about Police conduct in dealing with civilian traffic).

Traffic Irregularity

W

Other

E.g. criminal damage (except in connection with searches of property).

Other

X

Improper disclosure of information

From police, national or other records, whether by paper, electronic means, or any other means.

Failures in Duty

Y

Other sexual conduct

Indecent assaults; sexual harassment; soliciting of prostitutes; incidents relating to the collection or use of child pornography, either in or out of the workplace.

Oppressive Behaviour