The Police Service of Scotland (Conduct) Regulations 2013

Arrangement of misconduct hearing

15.—(1) The deputy chief constable must make all necessary arrangements for the misconduct hearing, including determining the time, date and place of the hearing.

(2) The deputy chief constable must by notice in writing require the constable to attend the misconduct hearing at the time, date and place specified in the notice.

(3) Where—

(a) the hearing arises from a report, allegation or complaint made by a member of the public; and

(b) the constable denies the allegation of misconduct (or any part of that allegation),

the deputy chief constable must give notice to the member of the public of the time, date and place of the hearing and explain to that individual the effect of regulation 19(4).

(4) Any notice required to be given under paragraph (2) or (3) must be sent by the deputy chief constable not less than 21 days before the date of the misconduct hearing.

(5) The constable may waive in writing the constable’s entitlement to receive 21 days’ notice of the misconduct hearing.

(6) The deputy chief constable must take all reasonable steps to secure the attendance at the hearing of any witnesses required to give evidence.

(7) Where the deputy chief constable considers it necessary or expedient, the misconduct hearing may be postponed to such later date as the deputy chief constable determines.

(8) The procedures set out in this regulation apply to a postponed hearing, except that a notice given under paragraph (2) in relation to a postponed misconduct hearing may be sent less than 21 days before the date of that hearing.