Publication of misconduct investigation reports can give rise to difficult and important questions, particularly in cases where there has been no misconduct hearing because there has been a determination of “no case to answer”, or because the accused officer has resigned or retired.
To my knowledge there is no provision in the Police Reform Act 2002, Police (Conduct) Regulations 2012 or related regulations which compels police forces to publish misconduct investigation reports; nor is there an express power to do so, voluntarily. But the question of publication may well arise as a result of a request for information under the Freedom of Information Act 2000 (“FOIA”). The FOIA of course establishes the general right of access to information held by public authorities, including Police and Crime Commissioners and police forces, upon written request, subject to exemptions.