The Police (Conduct) (Senior Officers) (Scotland) Regulations 1999

Information to be supplied by the senior officer in response to the misconduct form

12.—(1) Where the senior officer has been sent a copy of the misconduct form in terms of regulation 8(4), he shall within the time limits specified in paragraph (2) give notice to the independent solicitor–

(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) whether he intends to be represented by an advocate or a solicitor.

(2) Subject to paragraph (3), the senior officer 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 independent solicitor within the period of 14 days after the date on which –

(a) the form was sent to the senior officer; or

(b) the last of the documents required by regulation 11 to be supplied is supplied to the senior officer,

whichever is the later date.

(3) The police authority may, on the application in writing of the senior officer, extend the period of time mentioned in paragraph (2), notwithstanding that that time limit may have expired.

(4) Notwithstanding paragraph (1)(d), the police authority may, on the written application of the senior officer 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 the independent solicitor is informed by the senior officer that he intends to lead the evidence of any witness and where the senior officer 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 senior officer a copy of any such statement.

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

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