Regulation 16 Procedure at the hearing before the tribunal
Subject to the provisions of this regulation and of regulations 17 to 22, the procedure at the hearing shall be such as the tribunal may determine.
The accused shall be instructed to attend at the hearing of the case and at any adjournment thereof.
Notwithstanding the failure of the accused to attend, the tribunal may proceed with the hearing in the absence of the accused if it appears to the tribunal just and proper so to do.
Notwithstanding the terms of paragraph (3)—
if the accused is detained in pursuance of the sentence of a court in a prison or other institution to which the Prisons (Scotland) Act 1989f1 applies and expresses a desire to make representations in person at the hearing, the hearing shall not be concluded until the accused has been able to make such representations;
if good reason is given to the tribunal by, or on behalf of, the accused why the accused is unable to attend the hearing, other than that the accused is detained as aforesaid, the hearing shall be postponed or adjourned, as the case may be.
If the accused does not admit the charge the hearing shall proceed upon the basis that the accused denies the charge.
If the accused admits the charge, the tribunal, after giving the person presenting the case and thereafter the accused or his representative an opportunity of making a statement, may dispose of the case forthwith.
Annotations
Footnotes
- f1