Recommendation JB-15.25: Simple misconduct allegations to survive officer resignation
From Report into the Death of Jermaine Baker, published 5 July 2022.
Recommendation
Serious consideration should be given to the public interest in amending the current legislation so that allegations of 'simple' misconduct, as distinct from 'gross' misconduct, will survive following a police officer's resignation or retirement. I do not recommend that the survival of allegations of simple misconduct carries with it any threat to a pension entitlement, but any post-resignation/retirement finding of simple misconduct should remain on the relevant personnel file and a matter of public record for a period of two years thereafter.
In brief (written by this site)
The Home Office published no formal response to the recommendation, and the Home Secretary's written statement of July 2022 named no specific recommendations (Home Office response, Jul 2022). In October 2022, Danny Simpson, Solicitor for the Independent Office for Police Conduct, stated that the recommendation would require consultation led by the department with all stakeholders in police discipline, adding that it would contribute to any consultation and assist with legislation and implementation if taken forward (Danny Simpson response, Oct 2022).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
This recommendation will require consultation led by the Home Office with all stakeholders in the field of police discipline, the IOPC will contribute to any consultation and, if taken forward, it will assist in any way it can with the legislation and its implementation.
No formal government response published. The Home Secretary's written statement of 5 July 2022 (HCWS181), made on the day the Inquiry's final report was published, names no recommendation. No later Home Office response to this recommendation was found on GOV.UK, on the Inquiry's website or in Parliament's written statements and questions.
Delivery
No statement on delivery from Home Office has been found in the sources searched (last checked 2 October 2026). This is separate from the response above.
Responsible bodies
Themes and tags
Who has spoken
- Independent Office for Police Conduct
Response - Home Office
Response