The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

PART 4 Appeals

Appeals

25.—(1) This regulation applies where—

(a) it has been determined by the panel that any conduct of the senior officer amounts to misconduct or, as the case may be, gross misconduct; or

(b) the senior officer has admitted that any conduct of the senior officer amounts to misconduct or, as the case may be, gross misconduct.

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

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

(i) any determination made under regulation 22(1); and

(ii) any disciplinary action to be taken; or

(b) in a case mentioned in paragraph (1)(b), any disciplinary action to be taken.

(3) An appeal under this regulation may be requested only on the grounds that—

(a) any determination under regulation 22(1) or any disciplinary action to be taken is unreasonable;

(b) there is evidence that could not reasonably have been considered at the misconduct hearing which could have affected materially such a determination or the determination that particular disciplinary action is to be taken; or

(c) there was a breach of the procedures set out in these Regulations which could have affected materially such a determination or the determination that particular disciplinary action is to be taken.

(4) An appeal may be requested by the senior officer sending a written appeal notice to the Authority not more than 10 working days from the date on which the senior officer received a notice under regulation 24(1).

(5) The appeal notice must specify—

(a) whether the senior officer appeals against;

(i) a determination made under regulation 22(1);

(ii) the disciplinary action to be taken; or

(iii) both;

(b) the ground (or grounds) of appeal; and

(c) whether the senior officer requests an appeal hearing.

(6) The senior officer must—

(a) send with the appeal notice a copy of any document or other information which it is considered supports the senior officer’s appeal; and

(b) without prejudice to the generality of sub-paragraph (a), where the senior officer seeks to rely on the ground of appeal mentioned in paragraph (3)(b), submit with the appeal notice details of the evidence which the senior officer considers could have affected materially any determination or decision of the panel.

Appeal procedure

26.—(1) Subject to the following provisions of this regulation, the appeal may be determined in such manner as the Authority determines.

(2) The appeal is not to be determined by any individual who was a member of the panel at the misconduct hearing.

(3) Where the senior officer does not request an appeal hearing, the Authority must determine the appeal on the basis of—

(a) the appeal notice and any documents or other information sent with that notice;

(b) the audio or written record of the misconduct hearing;

(c) any notices, submissions or other documents or information provided by the Authority or the senior officer in accordance with regulation 16;

(4) Where the senior officer does request an appeal hearing, the following paragraphs of this regulation apply.

(5) The Authority must determine whether the appeal notice sets out arguable grounds of appeal and—

(a) if it determines that it does, it must hold an appeal hearing;

(b) if it determines that it does not, it must dismiss the appeal;

(c) in either case, it must inform the senior officer in writing of its decision under this paragraph; and

(d) where an appeal hearing is to be held, it must as soon as reasonably practicable specify by notice in writing to the senior officer a date and time for that hearing.

(6) The appeal hearing is to be held not more than 10 working days from the date on which the decision to hold that hearing was made in accordance with paragraph (5)(a).

(7) The appeal hearing is to be conducted in such manner as the Authority may determine, provided that—

(a) the senior officer’s police friend must be permitted to attend; and

(b) the senior officer (or any individual representing the senior officer) must be permitted to make oral representations.

(8) After the appeal hearing the Authority may—

(a) confirm or reverse any determination made under regulation 22(1);

(b) confirm the disciplinary action to be taken in accordance with the determination of the panel under regulation 23(2);

(c) require disciplinary action to be taken which is less serious than that which was to be taken in accordance with that determination;

(d) require improvement action to be taken instead of disciplinary action;

(e) refer the matter to be dealt with under procedures maintained under regulation 23 of the Police Service of Scotland (Performance) Regulations 2013; or

(f) in a case where the ground of appeal mentioned in regulation 25(3)(b) is found to be established, remit the misconduct allegation back to the panel.

(9) The Authority must, as soon as reasonably practicable, give notice to the senior officer of—

(a) the outcome of the appeal; and

(b) the reasons for that outcome.

(10) In a case where a decision to dismiss the senior officer has been confirmed, a notice under paragraph (9) must inform the senior officer of that officer’s right under section 56 of the Act to appeal to a police appeals tribunal.

Procedure where misconduct allegation remitted back to panel

27.—(1) This regulation applies where a misconduct allegation is remitted back to the panel in accordance with regulation 26(8)(f).

(2) Where this regulation applies, the panel must—

(a) consider the evidence submitted by the senior officer in accordance with regulation 25(6)(b); and

(b) determine whether it should—

(i) reverse any determination made under regulation 22(1);

(ii) require disciplinary action to be taken which is less serious than that which was to be taken in accordance with the decision of the panel under regulation 23(2);

(iii) require improvement action to be taken instead of disciplinary action; or

(iv) refer the matter to be dealt with under procedures maintained under regulation 23 of the Police Service of Scotland (Performance) Regulations 2013.

(3) Before making a determination under paragraph (2), the panel may, by notice in writing, require the senior officer to attend a further hearing (and regulations 5, 17, 19, 20 and 22 apply to such a hearing as they apply to a misconduct hearing).

(4) As soon as reasonably practicable after a determination is made under paragraph (2), the panel must notify the senior officer of that determination.