The Police Service of Scotland (Conduct) Regulations 2014

Disciplinary action

22.—(1) This regulation applies if—

(a) the person conducting the misconduct proceedings determines that any conduct of the constable amounts to misconduct or, as the case may be, gross misconduct; or

(b) the constable admits misconduct or, as the case may be, gross misconduct.

(2) If this regulation applies, the person conducting the misconduct proceedings must order—

(a) in a case where the constable’s conduct amounts to misconduct—

(i) improvement action; or

(ii) subject to paragraphs (4) to (7), any such disciplinary action as is mentioned in paragraph (3); or

(b) in a case where the constable’s conduct amounts to gross misconduct, subject to paragraphs (4) to (7), any such disciplinary action as is mentioned in paragraph (3).

(3) The disciplinary action is—

(a) a verbal warning;

(b) a written warning;

(c) a final written warning;

(d) demotion in rank;

(e) dismissal with notice; or

(f) dismissal without notice.

(4) If, at a time when any of the conduct forming the subject matter of the misconduct allegation occurred, the constable was subject to a written warning which was in effect, neither a verbal warning nor a written warning may be given.

(5) If, at a time when any of the conduct forming the subject matter of the misconduct allegation occurred, the constable was subject to a final written warning which was in effect—

(a) none of a verbal warning, a written warning or a final written warning may be given; but

(b) in exceptional circumstances, the final written warning may be extended, provided that such a warning may be extended on one occasion only and for a period of no more than 18 months.

(6) If the person conducting the misconduct proceedings determines that any conduct of the constable amounts to misconduct, the disciplinary action mentioned in paragraph (3)(d) to (f) may be taken only if, at a time when any of the conduct forming the subject matter of the misconduct allegation occurred, the constable was subject to a final written warning which was in effect.

(7) A written warning remains in effect for a period of 12 months from the date on which it is given.

(8) A final written warning remains in effect for a period of 18 months from the date on which it is given (unless extended under paragraph (5)(b)).

(9) For the purposes of this regulation and regulation 14(4), the following disposals, if ordered under regulation 24 of the 2013 Regulations in relation to the constable in the period of 12 months preceding the earliest occurrence of any conduct forming the subject matter of a misconduct allegation under these Regulations, are to be treated as if they were a written warning ordered under paragraph (2) which remains in effect—

(a) reduction in pay for a specified period;

(b) fine; or

(c) admonition.