The Police (Conduct) (Senior Officers) (Scotland) Regulations 1996

Regulation 2(1)

SCHEDULE 1 DISCIPLINARY OFFENCES

1.  Discreditable conduct or conduct prejudicial to discipline, including—

(a) conduct likely to bring discredit on the police force or service;

(b) disorderly conduct;

(c) uncleanliness, untidiness or improper dress while on duty or in uniform in public;

(d) abusive language towards any constable;

(e) incivility towards any member of the public;

(f) lending money to any superior in rank or borrowing from any inferior in rank;

(g) soliciting or receiving any present or testimonial without the consent of the disciplinary authority; and

(h) anonymous communications on police matters to any person whether within the police service or not.

2.  Wilful or careless neglect of duty, including—

(a) disobedience to lawful orders;

(b) contravention of regulation 5 of, or Schedule 1 to, the Police (Scotland) Regulations 1976(1);

(c) absence from duty, or being late for duty;

(d) failure to attend promptly and diligently to anything which is his duty;

(e) failure to stay at place of duty or to work beat in accordance with others without sufficient cause;

(f) permitting a prisoner to escape;

(g) failure to report the whereabouts of an offender, when known, or to make due exertions to bring him to justice;

(h) failure to report any matter which it is his duty to report, including any evidence for or against any prisoners; and

(i) failure to make any necessary entry in any official document.

3.  Insubordination and oppression, including—

(a) insubordination by word, act or demeanour towards another constable; and

(b) oppressive conduct towards another constable.

4.  Wilful or careless falsehood, including—

(a) making false, misleading or inaccurate statements, whether written or oral; and

(b) without sufficient cause destroying or altering any entry in an official document.

5.  Discreditable behaviour in relation to drink, including—

(a) unfitness for duty through drink while on duty or in uniform;

(b) drinking or accepting liquor while on duty or in uniform without the consent of a superior officer; and

(c) entering or remaining in licensed premises while on duty or in uniform when his presence there is not required in the execution of duty.

6.  Breach of confidence, including—

(a) revealing any matter which it is police duty to keep secret;

(b) revealing to any person that a warrant or summons is to be issued against him, except in the lawful service of such warrant or summons; and

(c) without proper authority, revealing to the press or any person any matter connected with the service.

7.  Corrupt practice, including—

(a) using or attempting to use the office of constable for private advantage;

(b) incurring a pecuniary obligation to any person holding or applying for any certificate, permit or licence which is subject to police inquiry;

(c) without the consent of the chief constable, supporting any application for a certificate, permit or licence which is subject to police inquiry;

(d) failure to account for any money or property received officially.

8.  Canvassing, including—

(a) attempting to influence a member of any police authority for personal advantage in a matter related to the police force or service;

(b) signing or circulating any petition or statement to the chief constable or police authority except through the authorised channels; and

(c) calling or attending unauthorised meetings to discuss police matters.

9.  Suppression of complaints, including—

(a) suppression or falsification of a complaint from any source against a constable.

10.  Unlawful or unnecessary exercise of authority, including—

(a) causing or making an unlawful or unnecessary arrest; and

(b) using unnecessary force to any prisoner or other person.

11.  Malingering, including—

(a) feigning, inducing or exaggerating sickness or injury to evade duty; and

(b) any act or omission calculated to retard return to duty.

12.  Wilful or careless damage to official property, including—

(a) loss of or damage to police authority property;

(b) loss of or damage to any property within police care; and

(c) failure to report such loss or damage.

13.  Having been convicted by a Court of Law of a criminal offence; or having been made the subject of an order under section 246(2) of the Criminal Procedure (Scotland) Act 1995(2) or of a probation order under section 228 of that Act.

14.  Being an accessory to a disciplinary offence.

(1)

S.I. 1976/1073; relevant amending instruments are S.I. 1985/111, 1990/469, 1993/3081 and 1995/596.

(2)

1995 c. 45.