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

Procedure at misconduct hearing

19.—(1) Subject to the following paragraphs of this regulation and regulations 20 and 21, the chairing member of the panel is to determine the procedure at the misconduct hearing.

(2) At the misconduct hearing the panel must permit—

(a) the senior officer or any individual representing the senior officer to make representations;

(b) evidence to be heard from any witnesses in attendance; and

(c) subject to paragraph (3), the senior officer or any individual representing the senior officer to ask questions of any witness.

(3) Whether any question is to be put to a witness is to be determined by the chairing member of the panel.

(4) The chairing member of the panel may, with the agreement of the senior officer, permit the admission of written statements in lieu of oral evidence.

(5) An audio recording may be made of the misconduct hearing and, where such a recording is made, the senior officer must be provided with a copy of that recording as soon as reasonably practicable after the conclusion of the hearing.

(6) Where no audio recording is made under paragraph (5), a written record of the misconduct hearing must be prepared and—

(a) the chairing member of the panel must provide a draft of that record to the senior officer;

(b) the senior officer must be given the opportunity to make representations in relation to that draft;

(c) the chairing member of the panel must consider any representations made; and

(d) having considered those representations (if any), the chairing member of the panel must send the final written record of the interview to the senior officer.