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The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

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Misconduct interview

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13.—(1) The investigator—

(a)in a case where the senior officer intimates an intention to make oral representations, must arrange an interview with the senior officer; and

(b)in any other case, may arrange such an interview.

(2) The investigator must seek to agree with the senior officer a time and date for the interview.

(3) If no agreement is made under paragraph (2), the investigator must specify a date and time for the interview.

(4) The senior officer must be provided with a written notice of the date, time and place of the interview.

(5) The investigator must, in advance of the interview, provide the senior officer with such information as the investigator considers appropriate in the circumstances to enable the senior officer to prepare for the interview.

(6) Without prejudice to the generality of paragraph (5), the information provided to the senior officer in advance of the interview must include details of the allegations made against that officer, including—

(a)the dates on which (or approximate dates on which); and

(b)the places at which,

any misconduct or gross misconduct is alleged to have occurred.

(7) An audio recording may be made of an interview and, where such a recording is made, the senior officer must be provided with a copy of that recording.

(8) Where no audio recording is made under paragraph (7), a written record of the interview must be prepared by the investigator and—

(a)a draft of that record must be provided to the senior officer;

(b)the senior officer must be given the opportunity to make representations in relation to that draft;

(c)the investigator must consider any representations made; and

(d)having considered those representations (if any), the investigator must send the final written record of the interview to the senior officer.

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