Five year legislative review

What is the current position?

The Chief Constable is required to refer to the Police Ombudsman any matter which appears to indicate that the conduct of the police may have resulted in the death of a person.

He has discretion to refer matters that he considers to be in the public interest and where it appears that a member of the PSNI may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings.

There is no requirement to refer matters where there are allegations amounting to Misconduct in Public Office.

What we propose

We believe that the Chief Constable should be required to refer matters where it appears to the Chief Constable that a police officer may have misconducted themselves in the terms provided for in the new Public Office (Accountability) Bill which is currently under consideration.

We also believe that the definition of a sexual offence contained within Schedule 3 of the Sexual Offences Act 2003 should be expanded to include a conviction by a police officer under the new Public Office (Accountability) Bill for seriously improper acts where the benefit sought or obtained is sexual in nature.

(This recommendation is dependent upon the introduction of the legislation to Northern Ireland).

Why is it important?

The Public Office (Accountability) Bill addresses Misconduct in Public Office, which the Police Ombudsman frequently uses when investigating serious police wrongdoing.

This is a Common Law offence which is frequently out of step and inadequate, and accordingly serious wrongdoing can escape criminal sanction.

The Bill abolishes the common law offence of Misconduct in Public Office and replaces it with two new statutory offences.

The first is a ‘seriously improper acts’ offence, which is committed when a person who holds public office uses that office to obtain a benefit or to cause another person to suffer a detriment, knowing their behaviour is ‘seriously improper’. Benefit or detriment includes financial gain or loss, persons’ reputation and of physical or sexual nature.

This gives a statutory footing in an area where the Office has had to rely on the common law offence of Misconduct in Public Office.

The statutory inclusion of physical or sexual nature supports the Programme for Government and in turn our own priorities for ending Violence Against Women and Girls and Abuse of Position for Sexual Purposes.

The second offence is a breach of duty to prevent death or serious injury. This can only be committed by a person who holds public office whose role involves a duty to prevent (or prevent a risk of) another person suffering critical harm, and it arises when they intentionally or recklessly breach that duty. The offence only covers situations where the public office holder’s actions fall far below the standard that could reasonably be expected in the circumstances.

Misconduct in Public Office and Abuse of Position for Sexual Purposes

 Since the rape and murder of Sarah Everard on 03/03/21 by a serving London Metropolitan police officer, Wayne Couzens, allegations of police sexual harassment and assault have increased by over 50% in England and Wales.

A key element of this inappropriate behaviour involves Police Predatory behaviour that is referred to as the Abuse of Position of Power for sexual Purpose (APSP).

The National Police Chiefs Council (NPCC) define Abuse of Position for Sexual Purpose as: “Any behaviour by a police officer or police staff member, whether on or off duty, that takes advantage of their position as a member of the police service to misuse their position, authority or powers in order to pursue a sexual or improper emotional relationship with any member of the public.”

The national picture is reflected locally and within Northern Ireland the Police Ombudsman has identified investigated and analysed some 42 allegations of Police Predatory behaviour between 2018 and 2024.

A large number of new cases have also been opened by the Police Ombudsman in 2025.

These allegations frequently involve a police officer using their position to coerce vulnerable women they encounter through their duties into a sexual relationship. Police Ombudsman investigations have led to six convictions or dismissals in cases like this since 2020, with work currently ongoing on a significant number of others.

Police Ombudsman interviews with victims have confirmed that victims of APSP frequently do not feel they have the ability to refuse the predatory advances of the police officers, because of the significant imbalance of power or their vulnerability.

Police predatory behaviour, forcing vulnerable women into inappropriate sexual relationships is therefore a significant breach of trust and analogous to other criminal offending where consent is not truly given or where predators are in a defined position of trust (The Sexual Offences (Northern Ireland) Order 2008).

Currently the public risk posed by people convicted in such circumstances is managed through the use of additional court powers such as notification requirements (Sexual Offences Act 2003). APSP is not a however specific criminal offence in Northern Ireland. Offences can often be addressed criminally by way of the Common Law offence of Misconduct in a Public Office (MIPO). For an officer to be prosecuted for MIPO, the Public Prosecution Service (PPS) must consider that all four of the following criteria apply:

• A public officer acting as such;

• Wilfully neglects to perform his duty and/or wilfully misconducts himself;

• To such a degree as to amount to abuse of the public’s trust in the office holder; and

• Without reasonable excuse or justification.

There is therefore currently no specific reference to police officers or sexual offending and convictions for this offence are not “sexual offences” under the 2003 Act, so no additional orders can be made.

The legislation in relation to MIPO is currently under review. As previously outlined it creates a new ‘seriously improper acts’ offence is being considered. This is committed when a person who holds public office uses that office to obtain a benefit or to cause another person to suffer a detriment, knowing their behaviour is ‘seriously improper’. Benefit or detriment includes financial gain or loss, persons’ reputation and of physical or sexual nature.

In future therefore, police officers who abuse their position to undermine true consent or obtain a sexual benefit may be prosecuted under this legislation. There is, therefore, an opportunity to recognise that the risk these predators pose to women should be managed in line with other sexual offenders and empower a court to place notification requirements on convicted individuals.