PART 2Investigations

Referral to misconduct hearing15

1

On receipt of the investigator’s report, the Authority must, as soon as reasonably practicable, determine whether the senior officer has a case to answer in respect of—

a

misconduct;

b

gross misconduct; or

c

neither.

2

Where the Authority determines that the senior officer has no case to answer in respect of either misconduct or gross misconduct, it may—

a

take no action;

b

take improvement action; or

c

refer the matter to be dealt with under procedures maintained under regulation 23 of the Police Service of Scotland (Performance) Regulations 2013.

3

Where the Authority determines that the senior officer has a case to answer in respect of either misconduct or gross misconduct, it must refer the misconduct allegation to a misconduct hearing.