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

Statements in lieu of oral evidence

18.—(1) Subject to the provisions of this regulation, the chairman may, in lieu of oral evidence, admit evidence by way of a written statement but evidence shall not be admissible in pursuance of this regulation if it would not have been admissible had it been given orally.

(2) If either the independent solicitor or the senior officer (in this regulation referred to as “the parties”) proposes in pursuance of this regulation to adduce written evidence at a hearing, he shall–

(a) at least 21 days, or such shorter period as the parties may agree in writing, before the date of the hearing–

(i) give the other party a copy of the statement; and

(ii) invite that party to join in a minute of agreement to the admission of the statement in evidence without the maker thereof being called as a witness; and

(b) at least 10 days, or such shorter period as the parties may agree in writing, before the date of the hearing, lodge any such minute of agreement with the chairman.

(3) The chairman shall admit evidence by way of written statement under paragraph (1) only if–

(a) such statement is accompanied by a minute of agreement signed by the parties; or

(b) either party requests the chairman to admit the written statement and the other party does not object.

(4) Where, notwithstanding that a written statement has been admitted in evidence without the person who made the statement being called and being available as aforesaid, the chairman is of the opinion that oral evidence should be given, he may request that that person be called as a witness and, in such case, unless that person gives oral evidence, the chairman shall be entitled to disregard the written evidence.

(5) Nothing in this regulation shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.