The Police (Conduct) (Scotland) Regulations 1996

Procedure at misconduct hearing

13.—(1) An allegation of misconduct against a constable shall be heard by a constable (other than the chief constable) who is appointed for the purpose by the assistant chief constable and who shall act as chairman of the misconduct hearing.

(2) The chairman shall be–

(a) a constable of the police force concerned, or, if the chief constable of some other force is requested by the assistant chief constable and agrees to provide a constable for the purpose, a constable of that other force; and

(b) of at least the rank of superintendent.

(3) The chairman may be assisted by up to two other constables who are also of at least the rank of superintendent who shall act as assessors.

(4) In any case in which the constable has given notice in terms of regulation 9 that he wishes to be legally represented, or has in terms of regulation 11 varied his election, the chairman may, if he thinks fit, appoint an advocate or a solicitor to sit with him at the misconduct hearing as a legal assessor.

(5) Subject to the provisions of this regulation and regulations 14 to 16, the procedure at the misconduct hearing shall be such as the chairman may determine.

(6) If the constable admits the allegation of misconduct, the chairman, after giving the presenting officer and thereafter the constable or his representative an opportunity of making a statement, may dispose of the case forthwith.

(7) Subject to paragraph (8), the misconduct hearing shall be held in private.

(8) Notwithstanding paragraph (7)–

(a) where a child is giving evidence, the chairman may allow a parent or guardian to be present and, when any witness is giving evidence, the chairman may, subject to consideration of any objections raised by the constable, allow such other persons to be present as may seem reasonable to him because of any special circumstances;

(b) where the hearing arises out of a complaint made by a member of the public and the constable denies the allegation of misconduct or any part thereof, the chairman may allow the complainer to be present at the hearing while witnesses are giving evidence; and

(c) the chairman may allow any other person to be present if the presenting officer and the constable agree.

(9) In any case to which paragraph (8)(b) applies–

(a) the complainer shall not be entitled to put questions to the constable, or except where the complainer is giving evidence as a witness, to participate in the proceedings in any way;

(b) where the complainer is to be called as a witness at the hearing, he shall not be allowed to attend before giving evidence; and

(c) the chairman may exclude the complainer from the whole or any part of the hearing and, without prejudice to the foregoing generality, shall exclude the complainer–

(i) during any period when he considers that a witness may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public; or

(ii) if the complainer behaves in a disorderly manner.

(10) If the constable wishes to make an objection to the effect that the facts alleged in the misconduct form in relation to any allegation are not such as to amount to misconduct on the part of the constable, he shall give written notice of the objection to the assistant chief constable at least 7 days before the misconduct hearing is due to commence.

(11) Where the constable has given notice of an objection in terms of paragraph (10), the assistant chief constable shall forthwith provide the chairman with a copy of the notice of objection and the chairman shall determine any such objection at the beginning of the misconduct hearing and, if he upholds the objection, he shall make a finding that there has been no misconduct on the part of the constable in relation to the allegation in question.

(12) The constable or his representative, or both of them, may put questions to any witness called by the presenting officer.

(13) The constable may give evidence on his own behalf and he or his representative may call witnesses in support of his denial of the allegation of misconduct.

(14) Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the chairman.

(15) After all the evidence has been led, the presenting officer and thereafter the constable or his representative shall be entitled to make oral submissions on the case before the hearing is concluded.

(16) The chairman shall–

(a) prepare a written note summarising the proceedings at the misconduct hearing; and

(b) arrange for an audio recording to be made of those proceedings.