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

Procedure at misconduct hearing

17.—(1) Subject to the provisions of this regulation and of regulations 18 to 20, the procedure at the misconduct hearing shall be such as the chairman may determine.

(2) If the senior officer admits the allegation of misconduct, the chairman, after giving the person presenting the case and thereafter the senior officer or his representative an opportunity of making a statement, may dispose of the case forthwith.

(3) Subject to paragraph (4), the misconduct hearing shall be held in private.

(4) Notwithstanding paragraph (3)–

(a) where a child is giving evidence, the chairman may allow a parent or guardian to be present and, when any witness is giving evidence, the chairman may, subject to consideration of any objections raised by the senior officer, allow such other persons to be present as may seem reasonable to him because of any special circumstances;

(b) where the hearing of the case arises out of a complaint made by a member of the public and the senior officer denies the allegation of misconduct or any part thereof, the chairman may allow the complainer to be present at the hearing while witnesses are giving evidence; and

(c) the chairman may allow any other person to be present if the independent solicitor and the senior officer agree.

(5) In any case to which paragraph (4)(b) applies–

(a) the complainer shall not be entitled to put questions to the senior officer or, except where the complainer is giving evidence as a witness, to participate in the proceedings in any way;

(b) where the complainer is to be called as a witness at the hearing, he shall not be allowed to attend before he gives his evidence; and

(c) the chairman may, if he thinks fit, exclude the complainer from the whole or any part of the hearing and, without prejudice to the foregoing generality, shall exclude him–

(i) during any period when it considers that a witness may, in giving evidence, disclose information which, in the public interest, ought not to be disclosed to a member of the public; or

(ii) if he behaves in a disorderly manner.

(6) If the senior officer wishes to make an objection to the effect that the facts alleged in the misconduct form in relation to any allegation are not such as to amount to misconduct on his part, he shall give written notice of the objection to the chairman at least 7 days before the misconduct hearing is due to commence.

(7) Where the senior officer has given notice of an objection in terms of paragraph (6), the chairman shall determine any such objection at the beginning of the misconduct hearing and, if he upholds the objection, he shall make a finding that there has been no misconduct on the part of the senior officer in relation to the allegation in question.

(8) The senior officer or his representative, or both of them, may put questions to any witness called by the person presenting the case.

(9) The senior officer may give evidence on his own behalf and he or his representative may call witnesses in support of his denial of the allegation of misconduct and, where any such evidence is given, the person presenting the case against the senior officer may put questions to the senior officer or, as the case may be, the other witness.

(10) Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the chairman.

(11) After all the evidence has been led, the person presenting the case and thereafter the senior officer or his representative shall be entitled to make oral submissions on the case before the hearing is concluded.

(12) The chairman shall–

(a) prepare a written note summarising the proceedings at the misconduct hearing; and

(b) arrange for an audio recording to be made of those proceedings.