# The Police (Discipline) (Scotland) Amendment Regulations 1987, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Police (Discipline) (Scotland) Regulations 1967 (“the principal Regulations”).
They make provision for constables of the rank of chief superintendent or below to elect to be represented by an advocate or solicitor in connection with certain disciplinary proceedings; in any such proceedings for the case against the accused officer to be presented by an advocate or solicitor; and for a chief constable to have an advocate or solicitor sit with him as a legal assessor. Other, mainly consequential, amendments are made to procedures at hearings, to the arrangements for the attendance of witnesses, and to clarify the circumstances in which certain punishments can be imposed. The effect of the punishment of requirement to resign in circumstances where it is not complied with is stated. A new style of discipline form is prescribed in the Schedule. The principal changes are described below.
Regulation 7 inserts a new reg`ulation 11A into the principal Regulations. It sets out the entitlement of the accused to conduct his case in person or to be represented by another member of a police force (who may be a representative of a Police Federation) or, where he has accepted an opportunity to so elect, to be represented by an advocate or solicitor. Where the accused has so elected (and whether or not he is actually so represented at the hearing), the case against the accused may be presented by an advocate or solicitor. The presenting officer and the accused or his representative may be assisted at the hearing by a member of a police force.
Regulation 10 substitutes a new regulation 18 in the principal Regulations to provide that the punishments of dismissal, requirement to resign or reduction in rank cannot be imposed unless the accused officer has been given an opportunity to elect to be legally represented at the hearing. Any such punishment may be imposed where the accused has failed without reasonable cause to give notice that he intends to be legally represented or has given notice that he does not intend to be so represented.
Regulation 2 amends the definition of “presenting officer” in the principal Regulations to reflect the fact that the case against the accused constable may in certain circumstances be presented by an advocate or solicitor.
Regulation 3 inserts a new paragraph (2A) into regulation 6 of the principal Regulations. It provides that, where the deputy chief constable decides that an officer should be charged with a disciplinary offence and that the punishments of dismissal, requirement to resign or reduction in rank should be available to the chief constable if the officer is found guilty, he shall give the officer, on the copy of the discipline form served on him, an opportunity to elect to be legally represented.
Regulation 4 substitutes a new regulation 9 in the principal Regulations. It prescribes the matters of which the accused officer is to give notice to the deputy chief constable (including whether he intends to be legally represented); stipulates that such notice must be given within 14 days by returning the copy of the discipline form duly completed and signed; and makes provision for such period to be extended by the deputy chief constable on the application of the accused officer. (The principal Regulations laid down no time limit for the return of the discipline form.) The accused officer is invited to indicate whether he intends to call witnesses and, if so, whether he wishes the deputy chief constable to secure their attendance at the hearing. Where witnesses are identified, the investigating officer will invite them to give statements, which will be copied to the accused.
Regulation 5 introduces a new regulation 9A to the principal Regulations. It allows an accused officer, who initially had elected not to be legally represented, to submit to the chief constable an application to vary his election. Such an application can only be considered by the chief constable if it is made not later than 48 hours before the hearing. The chief constable, having considered the application and any representations by the deputy chief constable, may permit the election to be varied and, where appropriate, he may discharge the hearing, leaving the deputy chief constable to arrange a new date.
Regulation 6 substitutes a new regulation 10 in the principal Regulations. It describes the arrangements which the deputy chief constable is to make for the hearing and requires that, where notice is to be given to any person, it must be such as to be received not less than 21 days before the hearing.
Regulation 8
(a) introduces a new regulation 12(1A) into the principal Regulations, providing that where an accused officer has elected to be legally represented, the chief constable may appoint an advocate or solicitor to sit with him as a legal assessor;
(b) substitutes a new regulation 12(5) in the principal Regulations, clarifying that, where the accused officer is represented by a member of a police force, he as well as the representative may cross-examine witnesses called in support of the charge against him.
Regulation 9 inserts a new regulation 17(3) into the principal Regulations, making clear that where the punishment of requirement to resign has been imposed and the accused has not resigned on the date specified in the chief constable’s decision, the effect wil be to regard him as having been dismissed on that date.
Regulation 11 replaces Schedule 3 in the principal Regulations with a new Schedule which reflects the changes made by these Regulations and makes other minor changes to the style of the discipline form.

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Source: https://www.legislation.gov.uk/uksi/1987/2226/note (the official version)
Page: https://openlegislation.uk/police-discipline-scotland-amendment-regulations-1987/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.