The Police Service of Scotland (Conduct) Regulations 2013

Determination on allegation of misconduct

23.—(1) At the conclusion of the misconduct hearing, the chairing constable must make a determination on any allegation of misconduct against the constable.

(2) A determination under paragraph (1) may be deferred until a later time or date if the chairing constable considers that it is necessary to do so.

(3) The chairing constable’s determination must be recorded on the misconduct form and must state—

(a) whether the chairing constable finds that any act or omission recorded in the misconduct form amounts to misconduct;

(b) the disposal (or, as the case may be, disposals) ordered under regulation 24; and

(c) the reasons for the chairing constable’s finding and any disposal ordered.

(4) When the chairing constable’s determination has been recorded in the misconduct form, the chairing constable must, as soon as reasonably practicable, send to the deputy chief constable and the constable—

(a) the completed misconduct form;

(b) the chairing constable’s written note of the misconduct hearing (see regulation 19(11)); and

(c) the audio recording of the misconduct hearing.

(5) If the misconduct hearing has arisen out of a complaint made by a member of the public, the chairing constable must notify the complainer in writing of the determination under this regulation.