The rules every officer swears to obey
Here, Chief Crime Correspondent CHRIS GREENWOOD explains the rules and regulations covering police officers’ conduct as sworn servants of the Crown.
ATTESTATION
When police constables take office they swear an oath known as an ‘attestation’, pledging to uphold the highest standards. It sets out how they will behave with ‘fairness, integrity, diligence and impartiality’ while ‘upholding fundamental human rights’.
All police officers know they must do nothing that could jeopardise the special trust the public places in them.
POLICE MISCONDUCT
Every police officer is bound by rigorous rules of conduct that can lead to dismissal if breached. Hundreds have been sacked for improperly disclosing information obtained from police systems to friends, acquaintances or on social media.
Any suspected breach is considered by professional standards colleagues who examine issues including the motive behind the disclosure and the impact on the victim.
Only serving officers are subject to misconduct rules. Retired officers can be investigated but not forced to attend a disciplinary panel.
CODE OF ETHICS
The College of Policing issued a code of ethics for police officers in 2014 . It says: ‘I will treat information with respect, and access or disclose it only in the proper course of my duties.’ Officers are told they must ‘maintain confidentiality’ and ‘not disclose information, on or off duty, to unauthorised recipients’.
OFFICIAL SECRETS ACT
Police officers do not sign the Official Secrets Act 1989 but are bound by it when handling the most sensitive information. It makes it an offence for a Crown servant to disclose information that could damage national security and intelligence, defence or international relations.
The maximum penalty is two years’ imprisonment but it is unlikely the information in Mr Green’s case qualifies.
DATA PROTECTION ACT
Improperly disclosing personal information, including that held on police systems, could be an offence under section 55 of the Data Protection Act 1998.
Dozens of police officers, serving and retired, and other public servants have been charged
with offences under this legislation. The maximum penalty is an unlimited fine. There are several defences, including public interest.
OTHER LAWS
A gross breach of privacy using sensitive police information could break any number of laws, not least the common law offence of breach of confidence.
The act of retaining data when told to destroy it or manipulating that information could be seen as misconduct in a public office. This common law offence, which carries a maximum penalty of life imprisonment, applies to public officials only and their actions while in office.
Crown Prosecution Service guidelines say it must involve a ‘serious departure from acceptable standards’ and there must be ‘no reasonable excuse’. The unauthorised access of computer material could be an offence under the Computer Misuse Act 1990. With a maximum penalty of 10 years’ imprisonment, it is designed to protect computer users against attacks and theft of their information.
Officials could also examine whether any disclosure involves offences under the Theft Act if documents, evidence or computer material was taken without authority.
EUROPE
From March, all organisations will face a tougher regime on private information. The UK will adopt European legislation that includes a broader interpretation of what personal data is and bigger fines. Personal breaches must be reported if there is a risk to ‘rights and freedoms’. This will supersede the Data Protection Act.