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The Police Service of Scotland (Conduct) Regulations 2014

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Appeal procedure

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25.—(1) An appeal under regulation 24 is to be determined in accordance with this regulation.

(2) The appeal must be determined by a constable (other than the constable who conducted the misconduct proceedings) who is—

(a)appointed by the deputy chief constable;

(b)in a case where the appellant is a chief superintendent, a deputy chief constable other than the deputy chief constable designated by virtue of regulation 5; and

(c)in any other case, of a higher rank than the constable who conducted the misconduct proceedings.

(3) If the constable requests an appeal hearing, the person determining the appeal must decide whether to—

(a)hold an appeal hearing; or

(b)determine the appeal without holding such a hearing.

(4) If the constable does not request an appeal hearing or the person determining the appeal decides not to hold such a hearing, the appeal must be determined 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; and

(c)any notices, submissions or other documents or information provided by the deputy chief constable or the constable in accordance with regulation 15.

(5) If the person determining the appeal decides to hold an appeal hearing, the following paragraphs of this regulation apply.

(6) The person determining the appeal must send a notice in writing—

(a)requiring the constable to attend an appeal hearing; and

(b)specifying a date and time for that hearing.

(7) The constable may, by notice in writing to the person determining the appeal, request the postponement of the appeal hearing to a later date and time.

(8) The appeal hearing is to be conducted in such manner as the person determining the appeal determines, provided that—

(a)the constable’s police representative must be permitted to attend;

(b)in a case where any disciplinary action mentioned in regulation 22(3)(d) to (f) has been ordered, any advocate or solicitor representing the constable must be permitted to attend; and

(c)the constable (or any person representing the constable) must be permitted to make oral representations.

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