- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
20.—(1) The presenting officer or the constable may, in lieu of oral evidence, propose to submit a written statement of evidence.
(2) The individual proposing to submit a written statement of evidence in pursuance of paragraph (1) must—
(a)not less than 21 days (or such shorter period as may be agreed in writing) before the date of the misconduct 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 without the maker of the statement being called as a witness; and
(b)not less than 10 days (or such shorter period as may be agreed in writing) before the date of the misconduct hearing lodge the resulting minute of agreement with the deputy chief constable.
(3) The chairing constable may admit evidence by way of a written statement in lieu of oral evidence only if—
(a)that statement is accompanied by a minute of agreement between the presenting officer and the constable;
(b)either of those parties requests the chairing constable to admit the written statement and the other party does not object; and
(c)the evidence contained in the statement would have been admissible if given orally.
(4) Despite the admission of a written statement under paragraph (3), the chairing constable may—
(a)determine that the person who gave the statement should be called to give oral evidence; and
(b)disregard the evidence contained in the written statement should that person fail to give oral evidence.
(5) Nothing in this regulation affects the admission of written evidence which would otherwise be admissible.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: