The Police (Conduct) (Senior Officers) (Scotland) Regulations 1996

Hearing to be private

19.—(1) The hearing shall be held in private.

(2) Notwithstanding anything in paragraph (1) above—

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

(b) where the hearing of the case arises out of a complaint made by a member of the public and the accused denies the charge or any part thereof, the tribunal may allow the complainer to be present at the hearing while witnesses are giving evidence.

(3) In any case to which paragraph (2)(b) applies—

(a) the complainer shall not be entitled to put questions to the accused 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 he gives his evidence; and

(c) the tribunal may, if it thinks fit, exclude the complainer from the whole or any part of the hearing and, without prejudice to the foregoing generality, shall exclude him during any period when it 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 if he conducts himself in a disorderly manner.