The Police Service of Scotland (Conduct) Regulations 2013

Cases referred to deputy chief constable

10.—(1) This regulation applies where a report, allegation or complaint of misconduct is referred to the deputy chief constable under regulation 9(2)(c).

(2) Where this regulation applies, the deputy chief constable may—

(a) if there is sufficient evidence only of misconduct of a minor or trivial nature—

(i) give the constable an opportunity to make representations in relation to the report, allegation or complaint; and

(ii) arrange for a warning to be given by a constable of a rank higher than the constable (and require the constable giving the warning to keep a record of it); or

(b) if there is sufficient evidence of misconduct of any other kind, appoint an investigating officer.

(3) An investigating officer must—

(a) be of a higher rank than the constable under investigation; and

(b) have, in the opinion of the deputy chief constable, the necessary skills, knowledge and expertise to carry out a misconduct investigation.

(4) An investigating officer must not be—

(a) the chief constable;

(b) the deputy chief constable; or

(c) any other constable who—

(i) may be a witness to any act or omission giving rise to the allegation of misconduct; or

(ii) is interested in the matter otherwise than as a constable.

(5) As soon as reasonably practicable after being appointed, the investigating officer must—

(a) prepare an investigation form containing details of the report, allegation or complaint of misconduct and informing the constable—

(i) that the constable may make representations in writing to the investigating officer in relation to that report, allegation or complaint;

(ii) that the constable may provide the names and addresses of any persons whom the constable may wish to provide evidence; and

(iii) that any representations made may be used as evidence during any future misconduct proceedings; and

(b) send a copy of the investigation form to the constable.

(6) Paragraph (5)(a)(i) is without prejudice to any obligation on the constable to make a written or oral statement in the ordinary course of duty.