The Police Service of Scotland (Conduct) Regulations 2013

Procedure at misconduct hearing

19.—(1) Subject to regulation 18(5) and the following paragraphs of this regulation, the procedure at the misconduct hearing is to be determined by the chairing constable.

(2) The constable must be given an opportunity to admit any allegation of misconduct and if an admission is made the chairing constable—

(a) must provide an opportunity for representations to be made by—

(i) the presenting officer; and

(ii) the constable; and

(b) may, having considered any representations made, act in accordance with regulation 24 in relation to any allegation admitted.

(3) The misconduct hearing is to be held in private, but—

(a) where a person is giving evidence, the chairing constable may allow such other persons to attend as seem reasonable by virtue of any special circumstances (and, in particular, a parent or guardian may be allowed to attend where a child is giving evidence);

(b) where the hearing arises out of a complaint made by a member of the public and the constable denies the allegation of misconduct (or any part of that allegation), the chairing constable may allow the complainer to attend while witnesses are giving evidence; and

(c) the chairing constable may allow the attendance of such other persons as may be agreed by the presenting officer and the constable.

(4) A complainer who is allowed to attend the misconduct hearing by virtue of paragraph (3)(b)—

(a) must not participate in the proceedings in any way unless giving evidence as a witness;

(b) must not, if being called as a witness, be allowed to attend before giving evidence;

(c) must be excluded from the proceedings where—

(i) the chairing constable considers that information may be disclosed which should not, in the public interest, be disclosed to a member of the public; or

(ii) the complainer behaves in a disorderly manner; and

(d) may be excluded from the proceedings in any other circumstances.

(5) The constable may give evidence at the misconduct hearing.

(6) The constable may call witnesses to give evidence in support of the denial of any allegation of misconduct.

(7) The chairing constable or the presenting officer may ask questions of—

(a) the constable; and

(b) any person called to give evidence in support of the constable’s case.

(8) The presenting officer may call witnesses and the constable may ask questions of those witnesses.

(9) Any question as to the admissibility of evidence or whether any question should or should not be put to a witness is to be determined by the chairing constable.

(10) When all evidence has been led, concluding submissions may be made—

(a) by the presenting officer; and

(b) thereafter, by the constable.

(11) The chairing constable must—

(a) prepare a written note summarising the proceedings at the misconduct hearing; and

(b) arrange for an audio recording to be made of those proceedings.

(12) References in paragraphs (2)(a)(ii), (6), (8) and (10)(b) of this regulation and regulation 20(1) and (3)(a) to “the constable” include a reference to any person presenting the constable’s case.