The Police Service of Scotland (Conduct) Regulations 2013

Documents to be supplied to the constable

13.—(1) As soon as reasonably practicable after notifying the constable of the requirement to attend a misconduct hearing (and before that hearing takes place), the deputy chief constable must provide the constable with a copy of—

(a) the report, allegation or complaint giving rise to the misconduct proceedings;

(b) any representations the constable may have made in response to the investigation form;

(c) any statement relating to the alleged misconduct made by—

(i) any witness on whom the presenting officer intends to rely at the misconduct hearing; and

(ii) any other person.

(2) Where the decision to arrange a misconduct hearing is based on both a report, allegation or complaint of misconduct and a statement made by the complainer in relation to that report, allegation or complaint, that statement must be sent to the constable at the same time as the report, allegation or complaint.

(3) If satisfied on grounds of national security that any report, allegation or complaint should not be disclosed, the deputy chief constable may withhold that report, allegation or complaint from the constable.

(4) Where a report, allegation or complaint is withheld under paragraph (3), the deputy chief constable must, so far as is reasonably possible without prejudicing national security, disclose to the constable a summary of that report, allegation or complaint.

(5) In this regulation, any reference to a copy of a statement, report, allegation or complaint which was not made in writing includes a reference to a copy of any record of that statement, report, allegation or complaint.