The Police (Conduct) (Senior Officers) (Scotland) Regulations 1999

Alleged criminal offence

9.—(1) Notwithstanding anything in regulations 5 and 6, where a report, allegation or complaint is received from which the police authority considers that it may reasonably be inferred that a senior officer may have committed a criminal offence, a member of the same force who is required by the police authority to do so shall, as soon as possible, refer the matter to the procurator fiscal appearing to be concerned.

(2) In such a case, the police authority may decide–

(a) not to appoint an investigating officer in terms of regulation 5(1) for the purpose of investigating the matter;

(b) where an investigating officer was appointed in terms of regulation 5(1), to instruct that officer not to prepare or not to send an investigation form to the senior officer or not to carry out any investigation into any matter arising out of or referred to in that report, allegation or complaint, insofar as it might be the subject of criminal proceedings; or

(c) to delay considering in terms of regulation 6(2) whether there is sufficient evidence of misconduct which would justify requiring the senior officer to appear before a misconduct hearing,

until the procurator fiscal has intimated that criminal proceedings are not to be taken in respect of any matter arising out of or referred to in that report, allegation or complaint or, if he has intimated that criminal proceedings are to be brought, those proceedings are completed.

(3) If the police authority decides to exercise any power conferred upon it by paragraph (2), it shall arrange for the senior officer to be informed to that effect and to be warned that misconduct proceedings may subsequently be taken against him under these Regulations, irrespective of whether or not criminal proceedings are brought against him or of the disposal of any such proceedings.

(4) Where the criminal offence referred to in paragraph (2) may have been committed in any part of the United Kingdom (other than in Scotland) or in any of the Channel Islands or the Isle of Man, the reference to “the procurator fiscal” shall be construed as a reference to the person who either has responsibility for considering whether to institute criminal proceedings in relation to the matter or has instituted such proceedings.