Written Question · S3W-32217 · Session 3
What the guidelines are when making a decision as to whether a (a) police officer, (b) member of the fire brigade and (c) prison officer is…
The question
To ask the Scottish Executive what the guidelines are when making a decision as to whether a (a) police officer, (b) member of the fire brigade and (c) prison officer is suspended or given restricted duties following an official charge being brought against them.
The answer
(a) Police officers hold the office of constable and are not covered by standard employment legislation. As office holders they require their terms and conditions to be set out in regulations.
When a police officer has an official charge brought against them they may be suspended under the Police (Conduct) (Scotland) Regulation 1996. The regulations state that an officer may be suspended from duty where they may have committed an act or omission that may amount to misconduct or where they may have committed a criminal offence.
Guidance was issued by the Scottish Government, within Police Circular 7 of 1996, on the arrangements introduced in the regulations.
Where an officer has an official charge brought against them, the decision to suspend an officer or place them on restricted duties is an operational matter for the relevant Deputy Chief Constable, given the circumstances of the particular case.
(b) The decision as to whether a member of the fire brigade is suspended or given restricted duties following an official charge brought against them is an employment matter and entirely a matter for employers.
(c) Guidance on whether a Prison Officer should be suspended or given restricted/alternative duties whilst matters are is investigated is expressed in the relevant Section (Section 6, 6.10) of the Scottish Prison Service Employee Code of Conduct (The Code) which deals with Gross Misconduct.
The Code states: The governor in charge, head of branch or directorate, will consider whether it is appropriate to suspend the employee, whilst an investigation is carried out. Suspension will only be used in exceptional circumstances e.g. where the alleged offence, if proven, may result in dismissal and/or where the interests of the employee or the organisation would be best served by the suspension.
Additional further guidance was issued to all HR Managers on 9 and 10 February 2010. This guidance advised that instances such as allegations/charges (whether internal or external) relating to sexual impropriety, violence, theft, drug trafficking etc, may; for reasons of reputational damage, potential risk to staff or prisoners, and to safeguard the interest of the accused; merit suspension.
When a police officer has an official charge brought against them they may be suspended under the Police (Conduct) (Scotland) Regulation 1996. The regulations state that an officer may be suspended from duty where they may have committed an act or omission that may amount to misconduct or where they may have committed a criminal offence.
Guidance was issued by the Scottish Government, within Police Circular 7 of 1996, on the arrangements introduced in the regulations.
Where an officer has an official charge brought against them, the decision to suspend an officer or place them on restricted duties is an operational matter for the relevant Deputy Chief Constable, given the circumstances of the particular case.
(b) The decision as to whether a member of the fire brigade is suspended or given restricted duties following an official charge brought against them is an employment matter and entirely a matter for employers.
(c) Guidance on whether a Prison Officer should be suspended or given restricted/alternative duties whilst matters are is investigated is expressed in the relevant Section (Section 6, 6.10) of the Scottish Prison Service Employee Code of Conduct (The Code) which deals with Gross Misconduct.
The Code states: The governor in charge, head of branch or directorate, will consider whether it is appropriate to suspend the employee, whilst an investigation is carried out. Suspension will only be used in exceptional circumstances e.g. where the alleged offence, if proven, may result in dismissal and/or where the interests of the employee or the organisation would be best served by the suspension.
Additional further guidance was issued to all HR Managers on 9 and 10 February 2010. This guidance advised that instances such as allegations/charges (whether internal or external) relating to sexual impropriety, violence, theft, drug trafficking etc, may; for reasons of reputational damage, potential risk to staff or prisoners, and to safeguard the interest of the accused; merit suspension.
In the Official Report
No contribution in the Official Report cites S3W-32217 by reference.