The Police (Conduct) (Scotland) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Police (Discipline) (Scotland) Regulations 1967 (“the 1967 Regulations”).

The Regulations make revised provision for the procedures for cases in which a constable below the rank of assistant chief constable who is the subject of an allegation of misconduct may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.

Regulations 1 to 3 make provision with respect to citation, commencement, application and interpretation.

Regulation 4 of, and Schedule 1 to, the Regulations define what is meant by misconduct on the part of a constable to whom the Regulations apply.

Regulation 5 prescribes the preliminary procedure to be followed where an allegation or complaint of misconduct is made against a constable. It enables the assistant chief constable of the force who is required to deal with matters under the Regulations to establish procedures to deal with allegations of misconduct of a minor or trivial nature. Except where an allegation or complaint appears to involve a minor or trivial matter, the allegation or complaint will be referred to the assistant chief constable who must appoint an investigating officer unless he is of the opinion that there is only evidence of misconduct of a minor or trivial nature. The investigating officer is required to prepare and provide to the constable who is the subject of the complaint an investigation form containing relevant information.

Regulation 6 makes provision for considering whether a misconduct hearing should be held and as to the procedure where the constable concerned is to be required to attend such a hearing.

Regulation 7 enables the assistant chief constable to delay investigations where the matter is also the subject of criminal investigations.

Regulations 8 and 9 specify the documents and other information to be supplied where a misconduct hearing is required. Regulation 10 provides for the arranging of the hearing. Regulations 11 and 12 provide for representation at the hearing.

Regulations 13 to 16 make provision with respect to the holding of a misconduct hearing at which evidence may be heard and a full opportunity given to the constable to defend the allegations made against him.

In terms of regulation 17 the chairman of the misconduct hearing (who must be a constable of at least the rank of superintendent) must record his decision and reasons on the misconduct form, a copy of which must also be sent to the constable.

Regulation 18 specifies the action which may be taken by the chairman in disposing of the case if he finds that there has been misconduct.

Regulation 19 specifies certain conditions which apply in respect of certain disposals.

Regulations 20 and 21 make provision for an appeal to the chief constable where the constable concerned is aggrieved by the finding of misconduct or the disposal made, or both.

Regulations 22 to 24 deal with supplementary matters.

Regulation 25(1) and Schedule 2 revoke the 1967 Regulations and Regulations which amended them.

By virtue of regulation 25(2), the 1967 Regulations continue to apply where an act or omission of a constable which may amount to a disciplinary offence under the 1967 Regulations occurs before the date on which these Regulations come into force.