Police (Conduct) (Scotland) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1642 |
| Year | 1996 |
1996 No. 1642 (S.138)
POLICE
The Police (Conduct) (Scotland) Regulations 1996
Made 19th June 1996
Laid before Parliament 11th July 1996
Coming into force 1st August 1996
The Secretary of State, in exercise of the powers conferred on him by section 26 of the Police (Scotland) Act 19671, and of all other powers enabling him in that behalf, after taking into consideration any representations made by the Police Advisory Board for Scotland following the submission of a draft of the Regulations in accordance with section 26(9) of the said Act of 1967, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Police (Conduct) (Scotland) Regulations 1996 and shall come into force on 1st August 1996.
Application
2. These Regulations shall apply only–
(a) in relation to misconduct on the part of a constable below the rank of assistant chief constable;
(b) to any report, allegation or complaint from which it may reasonably be inferred that any act or omission which was committed or made by a constable below that rank on or after 1st August 1996 may amount to misconduct; and
(c) to any case where there is in respect of such a constable a finding of guilt as mentioned in paragraph 9 of Schedule 1 on or after that date, even although the act or omission which constituted the criminal offence of which the constable was found guilty was committed or made before that date.
Interpretation
3.—(1) Unless the context otherwise requires, in these Regulations–
“the assistant chief constable” means a constable of that rank who is required by the chief constable to exercise any function of the assistant chief constable specified in these Regulations in relation to any particular report, allegation or complaint which is subject to investigation or consideration in terms of these Regulations and shall include a constable acting in place of that assistant chief constable;
“audio recording” means a recording made on any disc, tape, soundtrack or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;
“complainer” means the person who, aggrieved by the act or omission of a constable, originates a complaint which may give rise to a misconduct hearing, notwithstanding that the complaint is made through some other person or body;
“the constable” means the constable of a police force in respect of whom a report, allegation or complaint is received from which it may reasonably be inferred that an act or omission of that constable may amount to misconduct on his part and who is the subject of any proceedings taken in relation to the allegation of misconduct in terms of these Regulations;
“constable of a police force” includes, in this regulation and in regulations 9(1)(c) and 10(3), a constable of a police force who is engaged on relevant service within the meaning given by section 38A(1) of the Police (Scotland) Act 19672;
“the former discipline provisions” means the provisions relating to the determination of any question whether a disciplinary offence has been committed by a constable of a police force, and for the imposition of punishments in respect thereof, contained in the Police (Discipline) (Scotland) Regulations 19673in force immediately before 1st August 1996;
“investigating officer” means a constable who is appointed under regulation 5(4);
“misconduct” shall be construed in accordance with regulation 4;
“misconduct form” means such a form as is mentioned in regulation 6(4)(a);
“misconduct hearing” means a hearing arranged in terms of regulation 10;
“presenting officer” means the person presenting the case against the constable in terms of regulation 12(1) and includes an advocate or a solicitor presenting the case where relevant in terms of regulation 12(5);
“representative” means a constable of a police force, an advocate or a solicitor, who may represent the constable at a misconduct hearing.
(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number and any reference in a regulation to a numbered paragraph is a reference to a paragraph bearing that number in that regulation.
Misconduct
4. For the purposes of these Regulations, an act or omission of a constable shall amount to misconduct on the part of the constable if it falls within any of the kinds of conduct described in Schedule 1.
Preliminary investigation procedure
5.—(1) The assistant chief constable shall prepare and maintain procedures in order to secure that where any report, allegation or complaint is received from which it may reasonably be inferred that an act or omission, or an alleged act or omission, of a constable of the police force concerned amounts, or may amount, to misconduct–
(a)
(a) the report, allegation or complaint is in the first instance considered by another constable of the same force of an appropriate rank; and
(b)
(b) any such constable who is authorised to consider the report, allegation, or complaint is also authorised to arrange for the matter–
(i) if in the opinion of that constable it involves an allegation of misconduct of a minor or trivial nature, to be dealt with in accordance with the procedures; or
(ii) in any other case, to be referred to the assistant chief constable.
(2) The assistant chief constable shall ensure that the procedures for dealing with an allegation of misconduct of a minor or trivial nature make provision for–
(a)
(a) the constable to be given an opportunity to comment upon the report, allegation or complaint; and
(b)
(b) in any case where it is considered that in view of the circumstances it is appropriate that the constable be given a warning–
(i) the warning to be given by a constable of the same force of a rank above that of the constable; and
(ii) the person giving the warning to arrange for a record of it to be kept.
(3) Where a report, allegation or complaint has been referred to the assistant chief constable in terms of paragraph (1)(b)(ii) and he is satisfied there is sufficient evidence of misconduct of a minor or trivial nature on the part of the constable–
(a)
(a) he may arrange for the constable to be given an opportunity to comment upon a statement of the report, allegation or complaint and, where appropriate, thereafter to be given a warning (whether orally or in writing) by a constable of the same force of a rank above that of the constable; and
(b)
(b) where a warning is given, the person giving the warning may arrange for a record of it to be kept.
(4) In relation to any report, allegation or complaint which has been referred to the assistant chief constable in terms of paragraph (1)(b)(ii), the assistant chief constable shall, unless he–
(a)
(a) has dealt with the report, allegation or complaint in terms of paragraph (3); or
(b)
(b) decides to deal with the report, allegation or complaint in terms of regulation 7,
appoint an investigating officer who shall cause the matter to be investigated.
(5) The investigating officer shall be–
(a)
(a) a constable of the police force concerned (other than its chief constable) or, if the chief constable of some other force is requested by the assistant chief constable and agrees to provide an investigating officer, a constable of that other force;
(b)
(b) of at least the rank of inspector; and
(c)
(c) of at least the rank of the constable subject to investigation.
(6) The assistant chief constable shall not appoint himself as the investigating officer nor shall he appoint as the investigating officer any constable–
(a)
(a) who it appears to him may be a material witness or is interested in the matter otherwise than as a constable; or
(b)
(b) of the police force concerned serving in the same sub-division or branch as the constable.
(7) Subject to regulation 7, as soon as practicable after being appointed, the investigating officer shall–
(a)
(a) cause to be prepared an investigation form–
(i) containing a statement of the report, allegation or complaint;
(ii) informing the constable that although he is not obliged to do so following receipt of the form, he may make a written or oral statement concerning the matter to the investigating officer and provide the names and addresses of any persons whom he may wish to give evidence; and
(iii) warning him that such a statement may be used in evidence in any subsequent misconduct proceedings; and
(b)
(b) send a copy of the investigation form to the constable.
(8) Paragraph (7)(a)(ii) is without prejudice to any obligation on the constable to make a written or oral statement in the ordinary course of duty.
Requirement to appear before a misconduct hearing
6.—(1) Subject to regulation 7, the investigating officer shall, after due investigation, submit to the assistant chief constable a report on the allegation of misconduct, together with–
(a)
(a) the investigation form;
(b)
(b) any written statement, or a record of any oral statement, which the constable has made by virtue of regulation 5(7)(a)(ii); and
(c)
(c) any statement obtained from any witness.
(2) Except where he decides to delay reaching a decision in accordance with regulation 7, the assistant chief constable, after considering the report of the investigating officer and the other papers mentioned in paragraph (1), shall decide whether or not the constable should be required to appear before a misconduct hearing.
(3) Where the assistant chief constable decides that the constable should not be required to appear before a misconduct hearing, he shall cause to be sent to the constable a written notice of his decision as soon as possible.
(4) Where the assistant chief constable decides...
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