INITIAL GUIDANCE IN THE PRELIMINARY STAGES OF BOTH CRIMINAL AND MISCONDUCT INVESTIGATIONS

The following advice is circulated with the view of providing officers with initial guidance in the preliminary stages of both criminal and misconduct investigations. It has been reviewed recently following the implementation of the Police (Conduct) (Scotland) Regulations 1996, which came into force on 1st August 1996.

(A) CRIMINAL INVESTIGATIONS

When you are interviewed/counselled/questioned in circumstances where you believe that a criminal or misconduct enquiry may be taking place ask the following questions: -

i.    Is this an investigation into a possible criminal offence?

ii.   Am I a witness/suspect/accused?

Irrespective of the answer, your rights are the same as any other citizen.

IF IN DOUBT regarding your response, you have the right to REMAIN SILENT, SEEK ADVICE and RESPOND AT A LATER DATE. Thereafter contact your Federation Representative/Solicitor.

A senior officer cannot order you to violate your right to remain SILENT other than to seek an operational/duty statement (Refer to Para. 5 under (B) below).

N.B. Regulation 7(2) requires the Assistant Chief Constable to inform a constable subject to investigation, where it may be inferred that a criminal offence has been committed, that misconduct proceedings may subsequently be taken, irrespective of whether or not criminal proceedings are brought against him/her or of the disposal of any such proceedings.

 

(B) MISCONDUCT INVESTIGATIONS

1. When you are interviewed/counselled/questioned in respect of a possible misconduct offence you should establish whether you are a witness or the constable subject to investigation.

2. If you are a WITNESS, you are then obliged to make an operational/duty statement if requested or ordered (Refer to Para. 5 below).

3. If you are the CONSTABLE SUBJECT TO INVESTIGATION, you should establish whether an Investigating Officer has been appointed. If an Investigating Officer has not been appointed, you may be given the opportunity to comment upon the report, allegation or complaint and, where considered appropriate, thereafter be given a warning by an officer above your rank.

4. If an Investigating Officer has been appointed, you may be served with an Investigation Form containing a statement of the report, allegation or complaint. You are advised to react as follows: -

a.   READ and RETAIN the FORM.

b.   IF IN DOUBT, inform the Investigating Officer that you will take advice before making any statement.

c.   IMMEDIATELY seek the advice of a Federation Representative.

d.   

5. WHETHER YOU ARE A WITNESS OR THE CONSTABLE SUBJECT TO INVESTIGATION, you may be requested or ordered to make an operational/duty statement. This statement should relate only to operational duties undertaken by you during any particular tour(s) of duty and need not include any comment by you regarding the report, complaint or allegations made against you. IF YOU ARE THE CONSTABLE SUBJECT TO INVESTIGATION YOU CANNOT BE COMPELLED to make any oral or written statement or answer any questions in relation to the complaint prior to seeking advice. If you make any statement in the ordinary course of duty you should BE AWARE that such a STATEMENT MAY SUBSEQUENTLY BE USED IN ANY MISCONDUCT PROCEEDINGS taken against you.

 

(C) MISCONDUCT FORM

If it is decided to take misconduct proceedings against you, you will be served with a Misconduct Form. This form will indicate whether or not you have the right to be represented at any subsequent hearing by a Solicitor. You have 14 DAYS in which to complete the form and you are strongly advised to seek advice before doing so. Such advice can be obtained through your Federation Representative or Joint Branch Board Secretary.

 

(D) REMEMBER

IF IN DOUBT, seek advice before saying or writing anything. Do not be pressurised into doing so or into resigning from the service before you have sought advice which can be obtained through your Federation Representative or Joint Branch Board Secretary.

Please note that the advice contained herein is not exhaustive and is to be relied upon as a guide only. Members should make themselves fully aware of the provisions of the Police (Conduct) (Scotland) Regulations 1996.

Issued by the Joint Central Committee, 1997.