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The Police Service of Scotland (Conduct) Regulations 2014

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Appointment of person to conduct misconduct proceedings

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16.—(1) If the deputy chief constable refers a misconduct allegation to misconduct proceedings, the deputy chief constable must appoint another constable to conduct those proceedings.

(2) In the case of a misconduct meeting, a constable appointed under paragraph (1)—

(a)must be of a higher rank than the constable who is the subject of the misconduct allegation; and

(b)may appoint another constable to be an assessor.

(3) In the case of a misconduct hearing, a constable appointed under paragraph (1)—

(a)must be of at least the rank of superintendent;

(b)must be at least two ranks higher than the constable who is the subject of the misconduct allegation; and

(c)may appoint as an assessor—

(i)another constable of at least the rank of superintendent; and

(ii)an advocate or a solicitor.

(4) An assessor appointed under paragraph (2) or (3) may provide the person conducting the proceedings with such advice as that person requests, but may not otherwise participate in the proceedings.

(5) The deputy chief constable must not appoint to conduct any misconduct proceedings any constable whose appointment could give rise to a reasonable concern as to whether that constable could act impartially in relation to those proceedings.

(6) The constable may object to the appointment of any person under this regulation.

(7) An objection under paragraph (6) must be made not later than 3 working days from receipt of the misconduct form and must indicate the constable’s reasons for objecting.

(8) The deputy chief constable must decide whether to uphold an objection and must—

(a)notify the constable in writing of that decision; and

(b)if the objection is upheld—

(i)make a new appointment in accordance with this regulation; and

(ii)notify the constable in writing of the name of the individual appointed.

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