OpenLegislation

Regulation 11 Notice of investigationI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The investigator must, as soon as reasonably practicable following appointment, give the constable written notice—

(a)

that the constable is the subject of a misconduct investigation;

(b)

specifying—

(i)

the conduct forming the subject matter of the misconduct allegation; and

(ii)

how that conduct is alleged to fall below the Standards of Professional Behaviour;

(c)

providing an initial assessment of whether, if proved, that conduct would amount to misconduct or gross misconduct;

(d)

providing the constable with an opportunity to make written or oral representations; and

(e)

informing the constable of the right to seek advice from the constable’s staff association and police representative.

(2)

If, at any time after the notice mentioned in paragraph (1) is issued but before the report mentioned in regulation 13(1) is issued, the investigator’s assessment of whether the constable’s conduct would amount to misconduct or gross misconduct changes, the investigator must issue a further notice of investigation in accordance with this regulation notifying the constable of that change.

Annotations

Commencement

I1

Reg. 11 in force at 1.4.2014, see reg. 1