The Police (Conduct) (Scotland) Regulations 1996

Hearing in absence of the constable

16.—(1) If the constable does not attend at the misconduct hearing or at any adjournment thereof, the hearing may be proceeded with and concluded in his absence if it appears to the chairman just and proper to do so.

(2) Notwithstanding the terms of paragraph (1)–

(a) if the constable is detained while serving the sentence of a court in–

(i) a prison or other institution to which the Prisons (Scotland) Act 1989(1) applies; or

(ii) any prison or other institution or place in any part of the United Kingdom (other than Scotland) or in any of the Channel Islands or the Isle of Man, being a prison, institution or place mentioned in subsection (1) or (1A) of section 29 of the Criminal Justice Act 1961(2) (transfer of prisoners for certain judicial purposes),

and expresses a desire to make representations in person at the hearing, the hearing shall not be concluded until the constable has been able to make such representations; and

(b) if any other good reason is given to the chairman by, or on behalf of, the constable why he is unable to attend the hearing, the hearing shall be postponed or adjourned, as the case may be.

(3) Subject to paragraph (2), where, owing to the absence of the constable, it is not possible to comply with the whole or any part of the procedure described in these Regulations, the case may be proceeded with as if that procedure had been complied with.

(1)

1989 c. 45.

(2)

1961 c. 39; subsection (1) was amended by the Children and Young Persons Act 1963 (c. 37), Schedule 3, paragraph 50, by the Children and Young Persons Act 1969 (c. 54), Schedule 6, by the Criminal Law Act 1977 (c. 45), Schedule 12, by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 7, paragraph 8, by S.I. 1980/1088, article 2(1) (b), by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 12 and by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 10, paragraph 12(2); subseciton (1A) was inserted by the Criminal Law Act 1977, Schedule 12.