The Police (Conduct) (Senior Officers) (Scotland) Regulations 1996

Information to be supplied by the accused in response to the discipline form

11.—(1) Where an accused has been served with a copy of the discipline form, he shall within the time limits specified in paragraph (2) give notice to the independent solicitor of the matters specified hereunder and in the form specified on the discipline form or to the like effect, namely—

(a) whether he admits or denies the charge;

(b) whether he wishes to offer any explanation;

(c) whether he wishes to be represented or assisted by a member of a police force at the hearing;

(d) whether he wishes to be represented by counsel or a solicitor.

(2) The accused shall give notice in terms of paragraph (1) by returning the copy of the discipline form duly completed and signed by him to the independent solicitor within 14 days from the date on which it was served on him, or within 14 days from the date on which the last of the documents required by regulation 10 to be supplied to the accused is supplied, if later.

(3) The police authority may, on the application in writing of the accused, extend the period of time appointed under paragraph (2), notwithstanding that the time appointed may have expired.

(4) The independent solicitor shall invite the accused to state whether he proposes to call any witnesses to relevant facts at the hearing and the names and addresses of any such witnesses whose attendance he wishes the police authority to take steps to secure.

(5) Where the independent solicitor is informed by the accused that he intends to lead the evidence of any witness and where the accused identifies that witness then the independent solicitor 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 accused a copy of any such statement.

(6) The independent solicitor shall on receiving notice from the accused in terms of paragraph (2) pass that notice to the police authority.