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The Police (Special Constables) (Scotland) Regulations 2008

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Alleged criminal offence

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25.—(1) Notwithstanding anything in regulations 16 to 24, where a report, allegation or complaint is received from which it may reasonably be inferred that a special constable may have committed a criminal offence, the deputy chief constable must, as soon as possible, refer the matter to the procurator fiscal.

(2) If the matter is referred to the procurator fiscal, the deputy chief constable or, if regulation 17(2)(b) is applicable, the nominated officer, may decide–

(i)not to select an inquiry officer, in accordance with regulation 19, for the purpose of inquiring into the matter; or

(ii)where an inquiry officer has been selected in accordance with regulation 19, to instruct that officer not to give written notice to the special constable concerned of the matters specified in regulation 20(1) and not to carry out an inquiry into any matter arising out of or referred to in that report, allegation or complaint, insofar as it might be the subject of criminal proceedings,

until the procurator fiscal has intimated either that criminal proceedings are not to be brought in respect of any matter arising out of or referred to in that report, allegation or complaint or, if he or she has intimated that criminal proceedings are to be brought, those proceedings are completed.

(3) If the deputy chief constable or, if regulation 17(2)(b) is applicable, the nominated officer decides to exercise the power conferred by paragraph (2), he or she shall ensure that the special constable concerned is informed in writing that misconduct proceedings may be taken, irrespective of whether or not criminal proceedings are brought against him or of the disposal of any such proceedings.

(4) Where the criminal offence referred to in paragraph (1) may have been committed in any part of the United Kingdom (other than Scotland) or in any of the Channel Islands or the Isle of Man, the references to “procurator fiscal” shall be construed as references to the person who either has responsibility for considering whether to institute criminal proceedings in relation to the matter or has instituted such proceedings.

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