The Police (Conduct) (Scotland) Regulations 1996

Suspension

22.—(1) Where a report, allegation or complaint is received from which it may reasonably be inferred that an act or omission of a constable may amount to misconduct or that he may have committed a criminal offence, the constable may be suspended from duty by any constable of the force of higher rank.

(2) The assistant chief constable may terminate a suspension imposed under paragraph (1) with effect from the date of the constable’s suspension or from any subsequent date and shall do so–

(a) when he has decided that the constable shall not be required to appear before a misconduct hearing, unless the constable has submitted his resignation; or

(b) when misconduct proceedings have been completed but have not resulted in a disposal of dismissal from the force or a requirement to resign from the force as an alternative to dismissal.

(3) Where the assistant chief constable has terminated the suspension of a constable, that constable may not be suspended again in respect of the report, allegation or complaint which led to the suspension which has been terminated.

(4) Subject to the provisions of paragraph (6), where the constable suspended from duty–

(a) has been found guilty of a criminal offence; or

(b) is absent from duty and his whereabouts are unknown to the assistant chief constable,

he shall not in respect of any period of imprisonment or, as the case may be, in respect of the period during which his whereabouts are unknown to the assistant chief constable, be entitled to pay under the Police (Scotland) Regulations 1976(1).

(5) Subject to the provisions of paragraph (6), the constable suspended from duty shall not in respect of the period of suspension be entitled to any allowances under the Police (Scotland) Regulations 1976, except–

(a) insofar as he is entitled in terms of the Schedule to the Police (Scotland) Amendment (No.2) Regulations 1994(2), a replacement allowance mentioned in paragraph 2, 3, 4, 5 or 6 of that Schedule; or

(b) a provided accommodation allowance.

(6) Where the constable who has been suspended from duty returns to duty and–

(a) it has been decided that he shall not be required to appear before a misconduct hearing;

(b) he has been required to appear before a misconduct hearing and no finding of misconduct has been made in relation to any of the allegations; or

(c) he has been required to appear before a misconduct hearing and has received a reduction in rate of pay for a period of less than 12 months, a fine, a reprimand or a caution,

he shall receive, for the period of suspension, the pay or allowances to which, but for the provisions of paragraphs (4) and (5), he would have been entitled by virtue of the Police (Scotland) Regulations 1976.

(7) The Police (Scotland) Regulations 1976 and these Regulations shall apply to a constable suspended from duty subject to the provisions of this regulation.

(1)

S.I. 1976/1073.

(2)

S.I. 1994/2231.