The Police Appeals Tribunals (Scotland) Rules 2013

Procedure at the hearing

15.—(1) Subject to the provisions of these Rules—

(a) the procedure at a hearing of an appeal must be determined by the tribunal and it has the power to hear any new evidence or to re-hear the evidence given at the misconduct hearing or inefficiency hearing; and

(b) the tribunal must conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings; it must so far as appears to it appropriate seek to avoid formality in its proceedings.

(2) At the beginning of the hearing the chairing member of the tribunal must explain the order of proceedings which the tribunal proposes to adopt.

(3) Each party is to be heard in such order as the tribunal must determine and is entitled—

(a) to give evidence;

(b) to call witnesses and to question any witnesses called by the other party; and

(c) to address the tribunal both on the evidence and generally on the subject-matter of the appeal.

(4) Any member of the tribunal may put questions to the parties or their representative and to any witnesses called by the parties.

(5) At the hearing of the appeal the tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on grounds not stated in that party’s statement of case, or any adjustment of it made in terms of rule 7, and to adduce any evidence not submitted with the statement.

(6) If, after the commencement of the hearing, one member of the tribunal (other than the chairing member) is absent, the appeal may, with the consent of the parties, be heard by the other members and, in that event, the tribunal is deemed to be properly constituted.

(7) The tribunal may from time to time adjourn the hearing and, if the time and place of the adjourned hearing are announced before the adjournment, no further notice is required.