The Police (Conduct) (Scotland) Regulations 1996

Information from the constable in response to the misconduct form

9.—(1) Where a copy of the misconduct form has been sent to the constable, he shall within the time limits specified in paragraph (2) give notice to the assistant chief constable–

(a) whether he admits or denies the allegation of misconduct on his part;

(b) whether he wishes to offer any explanation;

(c) whether he intends to be represented or assisted by a constable of a police force at the misconduct hearing;

(d) whether he wishes witnesses to be called to give evidence to relevant facts at the misconduct hearing and, if he does, notice of the names and addresses of any such witnesses; and

(e) in any case in which in terms of regulation 6(5) the constable has been given the opportunity to elect to be legally represented, whether he intends to be represented by an advocate or a solicitor.

(2) Subject to paragraph (3), the constable shall give notice of the information required by paragraph (1) by entering on the copy of the misconduct form the relevant information, signing the form and returning it to the assistant chief constable within the period of 14 days after the date on which–

(a) the form was sent to the constable; or

(b) the last of the documents required by regulation 8 to be supplied is supplied to the constable,

whichever is the later date.

(3) The assistant chief constable may, on the application of the constable, extend the period of time mentioned in paragraph (2), notwithstanding that that time limit may have expired.

(4) Notwithstanding paragraph (1)(d), the assistant chief constable may, on the written application of the constable at any time before the misconduct hearing is commenced, permit him to nominate further witnesses whom he wishes to call to give evidence to relevant facts at the hearing.

(5) Where in terms of paragraph (1) or (4) the assistant chief constable is informed by the constable that he wishes to lead the evidence of any witness, and where the constable identifies that witness, then the assistant chief constable shall inform the investigating officer, and the investigating officer shall so far as is reasonable and practicable invite that witness to provide a statement and shall supply to the constable a copy of any such statement.

(6) Paragraph (5) is without prejudice to the right of the constable to invite the witness to provide a statement to the constable or his representative.