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The Police Service of Scotland (Conduct) Regulations 2013

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Hearing in the constable’s absence

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22.—(1) If the constable fails to attend the misconduct hearing—

(a)the hearing may be proceeded with and concluded in the constable’s absence, provided that the chairing constable considers it just and appropriate to do so; and

(b)any part of the procedure described in these Regulations which cannot be complied with in the constable’s absence may be treated as if it had been complied with.

(2) But the hearing must not be proceeded with and concluded in the constable’s absence if—

(a)the constable is detained while serving the sentence of a court in a prison or other institution in the United Kingdom, Channel Islands or Isle of Man and wishes to make representations in person at the hearing; or

(b)any other reason is given by virtue of which the chairing constable considers that the hearing should not be proceeded with and concluded in the constable’s absence.

(3) In a case mentioned in paragraph (2), the misconduct hearing must be postponed.

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