The Police Service of Scotland (Conduct) Regulations 2013

Preliminary investigation procedures

9.—(1) The deputy chief constable must establish and maintain procedures (“the procedures”) for the investigation of any report, allegation or complaint from which it can reasonably be inferred that an act or omission of a constable to whom these Regulations apply may amount to misconduct.

(2) The procedures must provide, in particular, for a report, allegation or complaint—

(a) to be first considered by a constable of appropriate rank;

(b) to be dealt with in accordance with the procedures where that constable considers that it involves an allegation of misconduct of a minor or trivial nature; and

(c) where that constable considers that it involves an allegation of misconduct of any other type, to be referred to the deputy chief constable.

(3) The deputy chief constable must ensure that where a constable acting in pursuance of paragraph (2) considers that a report, allegation or complaint involves an allegation of misconduct of a minor or trivial nature, the procedures—

(a) permit the constable against whom the allegation has been made an opportunity to make representations in relation to that report, allegation or complaint; and

(b) permit a warning to be given by a constable of a higher rank (and require that constable to keep a record of any warning so given).