{
  "url": "https://openlegislation.uk/police-service-of-scotland-conduct-amendment-regulations-2026/regulation-16",
  "json_url": "https://openlegislation.uk/police-service-of-scotland-conduct-amendment-regulations-2026/regulation-16.json",
  "legislation": "ssi/2026/276",
  "legislation_title": "The Police Service of Scotland (Conduct) Amendment Regulations 2026",
  "legislation_url": "https://openlegislation.uk/police-service-of-scotland-conduct-amendment-regulations-2026",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Witnesses",
  "text": "In regulation 17 (witnesses)—\n(a) for paragraph (1), substitute—\n“(1) Subject to any directions given at any misconduct pre-hearing under regulation 16A(5)(b), the constable and the presenting officer must, not more than 10 working days after the presenting officer is supplied with copies of the documents under regulation 16B(1), seek to agree a joint list of witnesses based on the lists provided under regulation 15(4) and (6) and provide that list to the person conducting the misconduct proceedings.”,\n(b) for paragraph (3), substitute—\n“(3) Subject to any directions given at any misconduct pre-hearing under regulation 16A(5), not more than 10 working days after receiving lists of witnesses under paragraph (2), the person conducting the misconduct proceedings must—\n(a) decide which, if any, of the listed witnesses should give evidence at those proceedings, and\n(b) notify the constable and the presenting officer of that decision.”,\n(c) after paragraph (3), insert—\n“(3A) Where a misconduct pre-hearing is held under regulation 16A(5), any determination as to the witnesses who are to give evidence at the misconduct proceedings, or any other directions as to witnesses, may be made at that pre-hearing, and any such determination or direction has effect for the purposes of this regulation.”,\n(d) for paragraph (6) substitute—\n“(6) The presenting officer must, not less than 5 working days before the date of the misconduct proceedings, notify in writing any witness who is to give evidence at those proceedings in accordance with this regulation or any direction given under regulation 16A(5).”,\n(e) after paragraph (6), insert—\n“(7) Where a witness is to give evidence, the person conducting the misconduct proceedings may, where satisfied that it is appropriate for the effective participation of the witness or for the efficient conduct of proceedings, take any of the following steps—\n(a) allow such other persons to be present during the witness’s evidence as appears reasonable having regard to the circumstances (and, in particular, a parent or guardian may be permitted to attend where the witness is a child),\n(b) permit the witness to participate in the misconduct proceedings by live television link or other suitable remote means, or from behind a screen, or with a supporter present, or by any combination of such measures,\n(c) direct that the witness give evidence in private,\n(d) make such other provision for the taking of the witness’s evidence as the person conducting the misconduct proceedings considers necessary to secure the effective giving of evidence.\n(8) The person conducting the misconduct proceedings may take any of the steps mentioned in paragraph (7) only where satisfied that doing so would not give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice.\n(9) For the purposes of this regulation, “child” means a person under the age of 18 years.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2026/276/regulation/16",
    "retrieved_at": "2026-10-28T20:28:53.201218+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}