The Police Service of Scotland (Conduct) Regulations 2013

Appeal to the chief constable

26.—(1) This regulation applies where—

(a) the chairing constable has found (in pursuance of regulation 23) that an act or omission of the constable recorded on the misconduct form amounted to misconduct; or

(b) the constable has admitted (in pursuance of regulation 19(2)) that such an act or omission amounted to misconduct.

(2) Where this regulation applies, the constable may appeal against—

(a) in a case mentioned in paragraph (1)(a)—

(i) any finding of misconduct and any disposal; or

(ii) any disposal only; and

(b) in a case mentioned in paragraph (1)(b), any disposal.

(3) An appeal under this regulation is to be made by the appellant submitting to the chief constable, not later than 28 days from the date on which the copy of the misconduct form was sent to the constable in pursuance of regulation 23(4)(a), a written notice of appeal specifying—

(a) the name and address of the appellant;

(b) that the notice is a notice of appeal;

(c) the date of the chairing constable’s determination;

(d) whether the appeal is against—

(i) the finding;

(ii) the disposal; or

(iii) both;

(e) the grounds upon which the appeal is made;

(f) the name and address of the appellant’s representative (if any);

(g) where the appellant has specified a representative, whether any documents relating to the appeal should be sent to that representative rather than the appellant; and

(h) whether the chief constable is requested to obtain a transcript of all or a specified part of the audio recording made of the proceedings at the misconduct hearing.

(4) The appellant must send with the notice of appeal—

(a) any documentary evidence upon which the appellant intends to rely; and

(b) a copy of the misconduct form recording the chairing constable’s determination.

(5) The notice of appeal must be signed by—

(a) the appellant; or

(b) the appellant’s representative.

(6) A notice of appeal may be submitted late and such a notice may include—

(a) a request for the notice to be accepted late; and

(b) a statement of the reasons why it was not submitted on time.

(7) The chief constable may accept a late notice of appeal if satisfied that there are special circumstances which justified the appeal being submitted late.

(8) Where it is considered necessary or expedient to do so, the chief constable may send to the chairing constable a copy of the notice of appeal and any document provided with that notice.

(9) Within 7 days of receipt of a notice sent in pursuance of paragraph (8), the chairing constable may send to the chief constable and the appellant a copy of any document—

(a) to which regard was had by the chairing constable in making the determination under regulation 23(1) on any allegation of misconduct; and

(b) which was not submitted by the appellant with the notice of appeal.