# The Police (Conduct) (Scotland) Regulations 1996, Regulation 16: Hearing in absence of the constable


(1) If the constable does not attend at the misconduct hearing or at any adjournment thereof, the hearing may be proceeded with and concluded in his absence if it appears to the chairman just and proper to do so.
(2) Notwithstanding the terms of paragraph (1)–
(a) if the constable is detained while serving the sentence of a court in–
(i) a prison or other institution to which the Prisons (Scotland) Act 1989 applies; or
(ii) any prison or other institution or place in any part of the United Kingdom (other than Scotland) or in any of the Channel Islands or the Isle of Man, being a prison, institution or place mentioned in subsection (1) or (1A) of section 29 of the Criminal Justice Act 1961 (transfer of prisoners for certain judicial purposes),
and expresses a desire to make representations in person at the hearing, the hearing shall not be concluded until the constable has been able to make such representations; and
(b) if any other good reason is given to the chairman by, or on behalf of, the constable why he is unable to attend the hearing, the hearing shall be postponed or adjourned, as the case may be.
(3) Subject to paragraph (2), where, owing to the absence of the constable, it is not possible to comply with the whole or any part of the procedure described in these Regulations, the case may be proceeded with as if that procedure had been complied with.

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Source: https://www.legislation.gov.uk/uksi/1996/1642/regulation/16 (the official version)
Page: https://openlegislation.uk/police-conduct-scotland-regulations-1996/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.