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General Police Duties

Complaints and Misconduct Practice Questions

Free NPPF Step 2 Complaints and Misconduct questions with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

Complaints and misconduct questions test how public complaints and conduct matters are handled, when matters must be referred to the Independent Office for Police Conduct (IOPC), and the standards of professional behaviour.

Know who can make a complaint, the mandatory referral criteria, and the difference between misconduct and gross misconduct.

Key legislation and cases

  • Police Reform Act 2002, s.12 and Schedule 3
  • Police (Conduct) Regulations
  • College of Policing Code of Ethics (2024)

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

Sgt Clement is reviewing a complaint against PC Pocock. PC Pocock used force during an arrest and the suspect, Noble, was taken to hospital with a broken arm. The force was disputed. Sgt Clement asks DC Rosario whether the matter must be referred to the IOPC. Which of the following most accurately states the legal position?

  1. AAny use of force resulting in injury to a member of the public is a mandatory referral to the IOPC.
  2. BThe matter is a discretionary referral - the chief constable may refer it to the IOPC but is not required to do so unless the injury is life-threatening.
  3. CThe matter must be referred to the IOPC because a broken arm constitutes serious injury within the meaning of the Police Reform Act 2002 - death or serious injury following contact with police is a mandatory referral and the force has no discretion to handle it locally.
  4. DThe matter must be referred to the professional standards department within 24 hours but does not need to be referred to the IOPC unless the investigation reveals gross misconduct.
Show answer and explanation
Answer: C

Under Schedule 3 to the Police Reform Act 2002 and the IOPC Statutory Guidance, certain matters are mandatory referrals to the IOPC. These include cases where death or serious injury (DSI) has resulted from contact with the police. A broken arm resulting from force used during an arrest falls within the definition of serious injury under the regulations. The force has no discretion to handle DSI cases locally - referral is mandatory and must be made as soon as practicable. Whether PC Pocock acted lawfully is irrelevant - the trigger is the outcome.

Schedule 3 Police Reform Act 2002; IOPC Statutory Guidance
Police Reform Act 2002 Sch.3: The chief officer of police must refer a complaint or recordable conduct matter to the IOPC if it falls within a description specified in regulations, including where the conduct has resulted in the death of or serious injury to any person.
  • A: Not any injury triggers a mandatory referral. The threshold is serious injury - minor injuries do not require IOPC referral. A broken arm, however, does constitute serious injury within the mandatory referral criteria.
  • B: DSI cases are not discretionary referrals. The chief constable has no discretion to handle DSI matters locally - mandatory referral is required as soon as practicable.
  • D: The mandatory referral to the IOPC does not await the outcome of an internal investigation. It must be made as soon as practicable following the serious injury - not after a gross misconduct finding.
Worked question 2 of 2Standard

DC Hayes is advising Hardy, who wants to make a complaint about a police officer's conduct during a stop and search. Hardy is the person who was stopped. Hardy asks who is entitled to make a complaint under the Police Reform Act 2002. Which of the following most accurately states the legal position?

  1. AOnly the person directly affected by the conduct can make a complaint - third parties including family members have no standing to complain under the Police Reform Act 2002.
  2. BA complaint must be made within 12 months of the incident - complaints made outside this period are automatically inadmissible.
  3. CA complaint may be made by the person in relation to whom the conduct took place, or by any person who claims to have been adversely affected by it, or by a person acting on behalf of either of those persons.
  4. DA complaint may only be made to the force concerned - complaints cannot be made directly to the IOPC without first going through the force.
Show answer and explanation
Answer: C

Section 12 of the Police Reform Act 2002 provides that a complaint may be made by: (a) the person in relation to whom the conduct took place; (b) a person who claims to have been adversely affected by the conduct; or (c) a person who acts on behalf of a person in (a) or (b). This is a broad definition - not limited to the direct subject of the conduct. Hardy, as the person stopped and searched, clearly has standing as the person in relation to whom the conduct took place.

s.12 Police Reform Act 2002
s.12(1) PRA 2002: In this Part "complaint" means any complaint about the conduct of a person serving with the police made by a member of the public who is the person in relation to whom the conduct took place, a person adversely affected by the conduct, or a person acting on behalf of any such person.
  • A: Third parties who have been adversely affected by the conduct can make a complaint under s.12(1)(b). The right to complain is not limited to the direct subject of the officer's conduct.
  • B: There is no automatic 12-month time bar on complaints under the Police Reform Act 2002. The appropriate authority has a discretion in relation to older complaints but there is no absolute cut-off.
  • D: Complaints can be made directly to the IOPC as well as to the force. There is no requirement to use the force as an intermediary before approaching the IOPC.

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