The Police Service of Scotland (Conduct) Regulations 2013

Representation at misconduct hearing

17.—(1) The deputy chief constable must appoint a constable of a rank equal to or above that of the constable to present the case against the constable and that individual may be assisted by—

(a) another constable; or

(b) a member of the police staff.

(2) But if the constable has given notice of an intention to be legally represented, the case against the constable may be presented by an advocate or a solicitor (whether or not the constable is legally represented).

(3) The deputy chief constable must not appoint under paragraph (1) or (2)—

(a) the chief constable;

(b) the deputy chief constable;

(c) the investigating officer; or

(d) any individual who is a witness to the conduct forming the subject matter of the proceedings under these Regulations.

(4) The case for the constable may be presented by—

(a) the constable;

(b) another constable chosen by the constable; or

(c) in a case where the constable has given notice of an intention to be legally represented, an advocate or a solicitor.

(5) References in this regulation to the constable having given notice of an intention to be legally represented are to a notice of intention given in accordance with regulation 14(1)(e) or a valid notice varying a decision as to legal representation given in pursuance of regulation 16.