PART 1Police reform
CHAPTER 8Governance and administration of police
I152Disciplinary procedures: conduct and performance
1
Regulations made under section 48 must establish, or provide for the establishment of, procedures for dealing with a constable whose standard of behaviour or performance is unsatisfactory.
2
Such regulations may make provision—
a
setting out—
i
standards of behaviour which, if breached, may be treated as misconduct,
ii
standards of performance which, if breached, may be treated as being unsatisfactory performance,
iii
other circumstances in which a constable's behaviour may be treated as misconduct or in which a constable's performance may be treated as unsatisfactory (for example, where performance is inefficient or where there has been a failure to perform functions),
b
for circumstances in which a constable may be suspended from duty pending investigation into whether the constable has been engaged in misconduct,
c
subject to subsection (3), for a constable who is found to have been engaged in misconduct or whose performance is found to have been unsatisfactory to be dealt with by being—
i
dismissed (with or without notice),
ii
demoted in rank,
iii
warned that future misconductor unsatisfactory performance may lead to further disciplinary action,
iv
admonished, or
v
dealt with in any other way,
d
conferring functions on the Police Investigations and Review Commissioner in relation to investigations of whether a constable has been engaged in misconduct,
e
applying the procedures (with or without modifications) in relation to a constable engaged on temporary service outwith the Police Service (see section 15).
3
Such regulations must provide for the Authority to determine any case which relates to the standard of behaviour or performance of a senior officer.
4
A constable suspended by virtue of regulations made under section 48 is not entitled to carry out any functions as a constable unless the regulations otherwise specify.