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11.—(1) The investigator must, as soon as reasonably practicable following appointment, give the constable written notice—
(a)that the constable is the subject of a misconduct investigation;
(b)specifying—
(i)the conduct forming the subject matter of the misconduct allegation; and
(ii)how that conduct is alleged to fall below the Standards of Professional Behaviour;
(c)providing an initial assessment of whether, if proved, that conduct would amount to misconduct or gross misconduct;
(d)providing the constable with an opportunity to make written or oral representations; and
(e)informing the constable of the right to seek advice from the constable’s staff association and police representative.
(2) If, at any time after the notice mentioned in paragraph (1) is issued but before the report mentioned in regulation 13(1) is issued, the investigator’s assessment of whether the constable’s conduct would amount to misconduct or gross misconduct changes, the investigator must issue a further notice of investigation in accordance with this regulation notifying the constable of that change.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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