The Police (Conduct) (Scotland) Regulations 1996

Appeal to the chief constable

20.—(1) Where in terms of regulation 17 the chairman has made a finding that an act or omission of the constable amounts to misconduct, the constable may appeal in accordance with this regulation against—

(a) both the finding and the disposal made in terms of regulation 18; or

(b) the disposal only.

(2) The appeal shall be instituted by the appellant giving written notice of appeal to the chief constable specifying whether he is appealing under sub-paragraph (a) or (b) of paragraph (1).

(3) The notice of appeal shall state–

(a) the name and address of the appellant;

(b) that the notice is a notice of appeal;

(c) the date of the relevant finding and disposal;

(d) the grounds upon which the appeal is made;

(e) the name and address of any representative of the appellant and whether the chief constable should send replies or notices concerning the appeal to the representative instead of the appellant; and

(f) whether he requests the chief constable to obtain a transcript of all or a specified part of the proceedings at the misconduct hearing.

(4) The appellant shall attach to the notice of appeal–

(a) any documentary evidence upon which he intends to rely for the purposes of the appeal; and

(b) a copy of the misconduct form containing the finding and disposal of the chairman.

(5) The appellant or his representative shall sign the notice of appeal.

(6) The appellant shall send the notice of appeal, together with the documents referred to in paragraph (4), to the chief constable not later than 28 days after the date on which notification of the finding of the chairman was sent in accordance with regulation 17(4).

(7) Where the appellant is unable to send the notice of appeal within the period specified in paragraph (6), he may include in his notice of appeal a request for the appeal to be received late and shall state the reasons why he was unable to send it timeously.

(8) The chief constable may receive a notice of appeal which is late where he is satisfied, by reason of the special circumstances of the case, that it is just and right that the appeal should be entertained after the expiry of the period specified in paragraph (6).

(9) The chief constable may obtain a transcript of all or part of the audio recording made of the proceedings at the misconduct hearing–

(a) where in the appellant’s notice of appeal he requests the chief constable to obtain a transcript of all or a specified part of the proceedings and the chief constable considers that it is necessary to obtain such a transcript; or

(b) notwithstanding that no request has been made by the appellant, where the chief constable considers that it is necessary to obtain a transcript.

(10) Where in accordance with paragraph (9) the chief constable obtains a transcript of all or part of the audio recording, he shall forthwith send a copy of that transcript to the appellant and to the chairman of the misconduct hearing.

(11) Where the appellant requests the chief constable to obtain a transcript of all or a specified part of the audio recording made of the proceedings at the misconduct hearing, the chief constable shall determine that request as soon as reasonably practicable and thereafter shall forthwith notify the appellant and the chairman of the misconduct hearing of his decision.

(12) Where pursuant to paragraph (11) the chief constable refuses the appellant’s request, the appellant may, at his own expense, obtain a transcript of all or part of the audio recording made of the proceedings at the misconduct hearing and submit the transcript no later than 21 days after the date on which the chief constable notified him of his decision in terms of paragraph (11).

(13) Where the chief constable receives a transcript in terms of paragraph (12), he shall forthwith send a copy of it to the chairman of the misconduct hearing and invite him, if he so wishes, to make any written representations with respect to the accuracy of the transcript within 14 days after the date on which it was sent to him.

(14) If the chairman of the misconduct hearing disputes the accuracy of the transcript submitted by the appellant, the chief constable shall–

(a) send a copy of any representations to the appellant and afford him the opportunity of making written representations in reply within 7 days after the date on which the chairman’s representations are sent to him; and

(b) after considering the representations of the chairman and any representations by the appellant, determine what, if any, amendment of the transcript is required.

(15) Where at the time at which the notice of appeal is sent in accordance with paragraph (6)–

(a) the chief constable of the force is absent, incapacitated or suspended from duty and it is likely that his absence, incapacity or suspension will continue for a period of more than 28 days; or

(b) there is a vacancy in the office of chief constable for the force,

the assistant chief constable shall arrange for a chief constable of another police force to carry out the functions of the chief constable specified in this regulation and regulation 21 in relation to the appeal.