Police Pension Forfeiture Solicitors

Practice Areas

Protecting Your Police Pension

A police pension can be forfeited, in whole or in part, where a serving or former officer is convicted of an offence committed in connection with their police service. Forfeiture requires a certificate from the Scottish Ministers that the offence was gravely injurious to the interests of the State or is liable to lead to a serious loss of confidence in the police. Even then, forfeiture is not automatic: whether to forfeit, and how much, involves a discretion.

PBW Law is ranked as the top Scottish firm for Police Law: Mainly Defendant in the Chambers UK directory. We act for serving and former officers at every stage of forfeiture proceedings, and we work alongside the Scottish Police Federation and other representative bodies on behalf of their members.

Courtroom interior — police pension forfeiture solicitors, Scotland

How Pension Forfeiture Works

Conviction — forfeiture can only follow a criminal conviction for an offence connected with police service. It is not available as a result of misconduct proceedings alone.
Application for a certificate — the pension authority decides whether to ask the Scottish Ministers for a forfeiture certificate.
Certificate — the Scottish Ministers decide whether the offence meets the statutory test.
Forfeiture decision — if a certificate is issued, a decision is made on whether to forfeit and to what extent, permanently or for a period.
Protected minimum — certain guaranteed minimum pension rights cannot be withheld.
Challenge and review — forfeiture decisions can be appealed or reviewed, and some or all of a forfeited pension can later be restored.

How PBW Law Helps

We make representations at every stage: to the pension authority on whether a certificate should be sought, to the Scottish Ministers on whether the statutory test is met, and on the extent of any forfeiture. We set out the circumstances of the offence, your length of service and the impact on you and your family. Where a decision is flawed, we pursue an appeal or review. Professor Peter Watson, Solicitor Advocate, holds an individual Chambers ranking in Police Law.

Early advice matters. Forfeiture usually follows criminal proceedings, and the approach taken during those proceedings can affect what happens to your pension. We can advise on both together.

Frequently Asked Questions

Can I lose my pension for misconduct?

No. Forfeiture requires a criminal conviction for an offence connected with your police service, together with a certificate from the Scottish Ministers. A misconduct finding on its own does not lead to forfeiture.

Will I lose all of my pension?

Not necessarily. Forfeiture can be partial or temporary, and certain guaranteed minimum pension rights cannot be withheld. The extent of any forfeiture involves a discretion, which is why strong representations matter.

Can a forfeited pension be restored?

Yes. A forfeiture decision can be reviewed, and some or all of the pension can be restored.

Can I challenge a forfeiture decision?

Yes. Forfeiture decisions can be appealed, and a decision to issue a forfeiture certificate may be open to judicial review. Time limits apply, so seek advice promptly.

If you are facing, or concerned about, pension forfeiture, call us on 0141 439 1990. Out of hours, call 07802 884830.