The Police (Conduct) (Scotland) Regulations 1996

Requirement to appear before a misconduct hearing

6.—(1) Subject to regulation 7, the investigating officer shall, after due investigation, submit to the assistant chief constable a report on the allegation of misconduct, together with–

(a) the investigation form;

(b) any written statement, or a record of any oral statement, which the constable has made by virtue of regulation 5(7)(a)(ii); and

(c) any statement obtained from any witness.

(2) Except where he decides to delay reaching a decision in accordance with regulation 7, the assistant chief constable, after considering the report of the investigating officer and the other papers mentioned in paragraph (1), shall decide whether or not the constable should be required to appear before a misconduct hearing.

(3) Where the assistant chief constable decides that the constable should not be required to appear before a misconduct hearing, he shall cause to be sent to the constable a written notice of his decision as soon as possible.

(4) Where the assistant chief constable decides that the constable should be required to appear before a misconduct hearing, he shall cause–

(a) to be prepared a form (hereinafter referred to as “the misconduct form”) containing–

(i) particulars of the alleged act or omission which it is considered amounts to misconduct on the part of the constable;

(ii) a statement of the reasons why the assistant chief constable considers that the alleged act or omission amounts to misconduct; and

(iii) a notice that the constable is required to attend a misconduct hearing, at a time and place to be notified, at which the allegation of misconduct will be heard; and

(b) a copy of the misconduct form to be sent to the constable.

(5) Where the assistant chief constable decides that the constable should be required to appear before a misconduct hearing, and is of the opinion that there should be available to the hearing any such disposal as is mentioned in sub-paragraphs (a), (b) and (c) of regulation 18(1), he shall inform the constable by giving notice of that opinion in the misconduct form and shall give the constable an opportunity to elect to be legally represented at the hearing in accordance with the provisions of regulation 12.

(6) Without prejudice to paragraph (3), where the assistant chief constable is satisfied that there is sufficient evidence of minor misconduct on the part of the constable he may, where it appears to him appropriate to do so and instead of requiring the constable to appear before a misconduct hearing, decide to arrange for the constable to be given an opportunity to comment upon that evidence (other than the report of the investigating officer) and, where appropriate, thereafter to be given a warning (whether orally or in writing) by a constable of the same force of a rank above that of the constable.

(7) Where a warning is given in terms of paragraph (6), the constable giving the warning may arrange for a record of it to be kept.

(8) At any time before the misconduct hearing commences, the assistant chief constable may direct that the allegation shall not be considered at a misconduct hearing and thereafter cause–

(a) such direction to be noted on the misconduct form; and

(b) to be sent to the constable written notice of such direction.

(9) For the purposes of section 40A(2) of the Police (Scotland) Act 1967(1), proceedings by virtue of section 26(2A)(a) of that Act, insofar as relating to a constable to whom these Regulations apply, shall be taken to have commenced on the day on which a misconduct form is sent to the constable in terms of paragraph (4).

(1)

Section 40A was inserted by the Police and Magistrates' Courts Act 1994, section 61.