Regulation 38 Procedure at performance hearingI1
Scotland
The procedure at a performance hearing is as follows.
The hearing must be conducted by the chairing constable.
The following persons may attend the hearing if requested to do so by the chairing constable—
the first line manager;
the second line manager;
the senior manager;
any person whose attendance was notified to the constable in accordance with regulation 33(2)(g), provided the constable has not refused to consent to their attendance.
The chairing constable must—
explain to the constable how the constable’s performance is considered to be unsatisfactory; and
provide the constable with an opportunity to make representations in response; and
provide the constable’s police representative (if the constable has one) with an opportunity to make representations in accordance with regulation 6(4)(c) or (if applicable) 7.
The chairing constable may permit the constable to ask questions of any witness.
An audio recording of the hearing must be made and the constable must, on request, be supplied with a copy of that recording.