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

Punishment

26.—(1) The punishments which may be recommended by the tribunal or imposed by the police authority shall be—

(a) dismissal from the force;

(b) requirement to resign from the force as an alternative to dismissal, either forthwith or on such date as may be specified in the recommendation or decision;

(c) reprimand; or

(d) caution.

(2) Where the police authority have decided to impose a punishment they shall notify the accused accordingly in writing, and the accused shall within 14 days of such notification give notice to the police authority whether he wishes to make oral or written representations in relation to the matter of punishment.

(3) Where the accused gives notice that he wishes to make written representations he shall submit those representations within 28 days of having received the notification referred to in paragraph (2).

(4) The accused may waive requirements for notice or agree to shorter periods of notice than those specified in paragraphs (2) and (3), and in any such case the accused shall give notice to the police authority in writing to that effect.

(5) The police authority may on the application in writing of the accused extend the periods of time appointed under paragraphs (2) and (3) notwithstanding that the time appointed may have expired.

(6) Where the police authority have complied with paragraph (2) above they shall conduct a hearing and the provisions of regulations 14 to 22 shall apply to any such hearing and any references to the tribunal in those regulations shall be construed as references to the police authority.

(7) At any hearing referred to in paragraph (6) above the accused, or his representative, shall be entitled to make oral representations or to adduce evidence relevant to the matter of punishment.

(8) Before deciding on punishment the police authority shall have regard to the accused’s record of police service and may have regard to evidence from any witness whose evidence would, in the opinion of the authority, assist them in determining the question.

(9) Where the punishment under regulation 26(1)(b) has been imposed and where the accused has not resigned from the force in accordance with the requirement specified in the decision, then the effect of the decision shall be to dismiss the accused from the force either forthwith or on the date specified in the decision.