Information

DECISION NOTICE

This document records a decision taken by the Police, Fire and Crime Commissioner following a pension forfeiture hearing against a former Police Officer employed by Northamptonshire Police who was convicted of a criminal offence in connection with his service as a member of the force.

Pension Forfeiture

The Police, Fire and Crime Commissioner (PFCC) for Northamptonshire is the Pension Service Authority (PSA) for Northamptonshire Police and is therefore responsible for the submission of applications for pension forfeiture to the Home Secretary.

The legislative basis for police pension forfeiture is found in regulation K5 of the 1987 Regulations, regulation 55 of the 2006 Regulations and Chapter 5 of Part 13 to the 2015 Regulations. Each of these regulations contain provisions which allow a PSA to determine forfeiture in cases where either;

• a pension scheme member has been convicted of treason or of offences under the Official Secrets Acts 1911 and 1939 and has been sentenced to a term (or terms) of imprisonment of at least ten years. or;

• where a pension scheme member has been convicted of an offence committed in connection with his or her service as a member of a police force.

The Office of the Police, Fire and Crime Commissioner (OPFCC) also has a policy for Pension Forfeiture which sets out the local process. A copy of the policy can be found on the OPFCC website here.

Background

On the 11/01/2024 former PC Toby Mullen was convicted of one count of Malicious Communications and one count of Breach of Data Protection. Mr Mullen pleaded guilty to the offences and was sentenced to 100 hours of community service, £85 court costs, £114 victim surcharge and £250 fine.

Pension Forfeiture Process 

The OPFCC applied to the Secretary of State for a Certificate of Pension Forfeiture which was granted on the 28/05/2025. In line with local processes, a Pension Forfeiture Panel Meeting was held by the OPFCC on the 27/08/2025 to determine whether the pension should be forfeited and, if so, to what extent. It should be noted that a maximum of 65% of the pension can be forfeited and that this can be on a permanent basis or for a set period of time.

The Pension Forfeiture Panel was Chaired by the Police, Fire and Crime Commissioner Danielle Stone, along with the OPFCC Chief Finance Officer Vaughan Ashcroft and OPFCC Director of Delivery Paul Fell. The Panel heard representations made by Northamptonshire Police. Mr Mullen did not attend and no representative attended on his behalf.

Deliberations

During deliberations the Panel considered representations made to the Panel by Northamptonshire Police.  The Panel considered the APACCE Pension Forfeiture Guidance and Toolkit; which can be found here.

The Panel also considered the OPFCC Pension Forfeiture Policy and Process; the Home Office Guidance on Police Pension Forfeiture and the relevant guidance set out in Harrinton v Metropolitan Police Authority [A2006 7706] to assist in determining the precise amount that should be forfeited.

The Panel considered the following specific factors in reaching their decision:

• Pension Forfeiture Criteria:

The Panel was satisfied that the case met the criteria for Pension Forfeiture, in line with the relevant Regulations, given Mr Mullen, as a matter of public record, has been convicted of two offences, both of which were committed in connection with his service as a Police Officer.

Aggravating Factors:

• Public Confidence:

It was considered that the offence of Malicious Communications, which included a sexual element to the offending, will cause significant harm to public confidence. The Panel agreed that the public will rightly expect higher standards of behaviour than those demonstrated by Mr Mullen in relation to the commission of both offences.

In addition, the case received significant media interest, including from both local and national media, damaging public confidence further.

Given the challenges currently faced by Police Forces nationally in relation to rebuilding trust and confidence, particularly amongst women, the Panel considered that the damage to public confidence was significant.

Mitigating Factors:

• Seriousness of the offence:

The Report prepared by Northamptonshire Police as part of the application for Pension Forfeiture provides details of Mr Mullens’s convictions and the sentence he received. The Panel noted that Mr Mullen has not received a custodial sentence and the inference from the low level of fine relating to the data protection offence indicated that the court arguably considered this to be at a low level. The Panel were however mindful of the sexual element to the offending.

The Panel noted that the offences were not committed to aid criminality or for financial gain and did not result in physical harm to a member of the public. It was considered that this provided some mitigation in respect of seriousness.

• Personal Mitigation:

Whilst Mr Mullen did plead guilty, he has not engaged with the Pension Forfeiture Process and therefore has not offered any personal mitigation.

Determination of the Panel

The Panel considered their role and responsibilities in line with regulation K5 of the 1987 Regulations and determined, for the reasons set out and having regard to all the circumstances, that the pension should be subject to forfeiture. The Panel were satisfied that maintenance of public confidence in the integrity of the police is a legitimate and important matter of public interest, which for the general public good justifies overriding the rights of the individual under Article 1, Protocol 1. Forfeiture will be at 15% of the whole pension and will be permanent.

Decision taken

The Police, Fire and Crime Commissioner has taken the decision that in this case forfeiture will be at 15% of the whole pension and will be permanent.

Details of advice taken

Professional legal advice has been sought throughout the process to ensure the OPFCC met all its statutory obligations in relation to the pension forfeiture process. 

Danielle Stone

Police, Fire and Crime Commissioner

 27/08/2025