More than 80 police officers have resigned or retired after being summoned to face gross misconduct hearings since 2019 according to new data.
Analysis shows at least 84 officers dodged gross misconduct proceedings by quitting or retiring up to 2025/26.
It comes despite promises of a Scottish Government crackdown on police officers being able to effectively torpedo disciplinary hearings by leaving the force.
According to data, between 2019 and early 2023, 47 officers resigned or retired during misconduct proceedings. Significant numbers of officers are continuing to resign or retire before their misconduct hearings conclude, with 14 in 2023-24 and 15 in 2024-25.
A new force conduct report shows a further eight resigned between April and December last year ahead of scheduled hearings.
Another 12 were sacked, meaning 20 officers were forced out during the period over charges including cocaine misuse, excessive force and “inappropriate behaviour” towards colleagues on a night out.
The report reveals 90 officers were suspended and another 115 placed on restricted duty at the end of year, with another 10 members of staff also suspended.
Officers who have dodged disciplinary hearings have faced a wide range of breaches of professional standards, including sexual misconduct, discrimination, dishonesty and fraud.
Cases have also involved inappropriate sexual behaviour towards a child, stalking and harassment, drink driving, drug misuse, domestic abuse, excessive force and bullying. Many have led to criminal convictions.
Current rules mean that if an officer resigns or retires ahead of a gross misconduct hearing – the most serious internal disciplinary charges officers can face – proceedings are automatically voided.
That is set to change when the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 is fully implemented, closing the loophole allowing officers to avoid accountability by resigning.
But Police Scotland say secondary legislation is still required from the Scottish Government and this element “is not active whilst we await the legislation”.
It means officers hauled before gross misconduct hearings can still choose to walk away without sanction.
Critics claim public confidence in Police Scotland is undermined by a process that allows officers to walk away from misconduct hearings, leading to fears they are getting away with offences.
The news comes amid a Police Scotland crackdown on misogyny and misconduct, with officers warned their behaviour is “subject to greater public and professional scrutiny than ever”.
Police Scotland say they demand the highest levels of integrity from our officers and staff and when someone fails to meet this standard they “take the appropriate action”.
Chief Superintendent Helen Harrison said: “The Police Service of Scotland (Conduct) Regulations 2014 detail the procedures Police Scotland must follow for dealing with misconduct for Police Officers up to and including the rank of Chief Superintendent. These regulations and related processes apply only to serving officers.
“We have no ability under current legislation to prevent an officer from resigning or retiring during misconduct proceedings.
“Therefore, should an officer retire or resign, any outstanding misconduct proceedings will cease.
“A change in legislation is required to continue misconduct proceedings after an officer resigns or retires. Progress is being made in relation to this through the ongoing implementation of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025.”
A Scottish Government spokesperson said: “The vast majority of police officers conduct themselves with integrity and professionalism. Where any officer falls below the standards expected, there are clear mechanisms in place to hold them to account.
“The Police (Ethics, Conduct and Scrutiny) Scotland Act 2025 further strengthens the police complaints and misconduct systems.
“Provisions in the Act are being commenced incrementally.
“Work is underway to ensure the necessary arrangements are in place to apply misconduct procedures to former officers, and Ministers plan to hold a statutory consultation on the regulations in the next Parliamentary session, subject to the outcome of May’s election.”
Liam Kerr MSP, Scottish Conservative shadow cabinet secretary for Justice, said: “Scots will be deeply concerned that officers facing the most serious misconduct allegations can still sidestep accountability due to a delay in implementing the final elements of this law.
“While the legislation was backed unanimously, it is simply not good enough for this loophole to remain open.
“SNP ministers must now act with urgency and work closely with Police Scotland to bring forward the necessary secondary legislation without further delay.
“Closing this gap is essential to uphold standards, maintain public confidence and protect the overwhelming majority of dedicated officers who serve with professionalism and integrity every day.”
