Part 2: Police Complaints, Discipline and Inspection Chapter 4: Police Discipline Section 32: Guidance concerning disciplinary proceedings and conduct etc
Subsection (2) re-enacts with modifications the existing power conferred on the Home Secretary by section 87(1) and (1A) of the 1996 Act to issue guidance in relation to the discharge of disciplinary functions by local policing bodies, chief officers of police and others. Those to whom guidance is issued are under a duty to have regard to it in discharging their disciplinary functions, and any failure to do so is admissible in evidence in any disciplinary proceedings (and subsequent appeal).
	At present, the Home Secretary can issue guidance under section 87 in relation to the discharge of disciplinary functions under regulations made under sections 50 and 51 of the 1996 Act – that is, functions in relation to members of police forces and special constables. However, the discipline systems for police staff and volunteers are not covered by section 50 or 51 regulations. Those systems are established and operated locally by individual forces. Therefore, guidance under the existing section 87 does not extend to disciplinary functions in relation to police staff and volunteers.
	The amendments to section 87 of the 1996 Act, made by subsections (2), (4) and (5) (read with section 41(2)) provide for the Home Secretary to issue guidance to local policing bodies, chief officers and others about the discharge of their disciplinary functions in relation to all those serving with the police, including police staff and volunteers. It also allows the guidance to cover the discharge of disciplinary functions in relation to persons who are no longer serving with the police.
	Subsection (3) amends section 87 of the 1996 Act to provide the College of Policing with a similar power. However, in this case the guidance can only be issued to local policing bodies, chief officers and other members of police forces and can only cover their disciplinary functions in relation to members of police forces and special constables (and former members of police forces and former special constables). Furthermore, such guidance can only be issued with the approval of the Home Secretary.
	This power will link to the existing functions of the College of Policing including, in particular, the issue of a Code of Ethics, which sets out the Standards of Professional Behaviour governing the police conduct system. Those standards, as set out in the Police (Conduct) Regulations 2012, are the starting point for misconduct investigations and disciplinary proceedings as misconduct is defined as a breach of professional standards.
	Subsection (7) inserts new section 87A into the 1996 Act. New section 87A(1) enables the Secretary of State, in practice the Home Secretary, to issue guidance as to matters of conduct, efficiency and effectiveness to members of police forces, special constables and police staff and volunteers. Whereas section 87 guidance will concern the discharge of disciplinary functions (and will therefore be issued to those who have such functions), section 87A guidance will cover the way in which all members of police forces, special constables and police staff and volunteers should conduct themselves.
	New section 87A(2) confers a similar power on the College of Policing, but in its case the guidance can only be issued to members of police forces and special constables – and the approval of the Home Secretary is needed to issue guidance.