Making an appeal
If you are a police constable and wish to appeal a decision made after a misconduct or performance process, you must submit your appeal in writing within 28 days of being given or notified of the decision.
What to send
To make a valid appeal, you must send the Tribunal the following:
- A written notice of appeal that clearly states you are appealing
- Your name and contact address
- Details of the decision you are appealing, including:
- The date of the decision
- Any reference number (if available)
- The name and address of the respondent (either the Chief Constable or the Scottish Police Authority)
- A detailed statement explaining the reasons for your appeal; this should set out the grounds on which you are challenging the decision
- A copy of the formal decision, along with the specific written notice issued at the conclusion of the misconduct or performance process. The notice you need to include depends on your rank and the type of process, as set out below
- Any other documents or evidence you wish to rely on
- Your signature, or the signature of your representative should be added to the notice of appeal.
Which decision notice to include
You must include the relevant final notice from the misconduct or performance process. This will usually have been provided to you in writing after the hearing. The correct document depends on your rank and the process followed:
| Type of Case | Applicable Regulations | Required Document |
|---|---|---|
| Misconduct (Constable) | Police Service of Scotland (Conduct) Regulations 2014 | Written notification under Regulation 23(1) |
| Misconduct (Senior Officer) | Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 | Written notification under Regulation 24(1) |
| Performance (Constable) | Police Service of Scotland (Performance) Regulations 2014 | Written notice under Regulation 39(2) |
| Performance (Senior Officer) | Police Service of Scotland (Senior Officers) (Performance) Regulations 2016 | Written notice under Regulation 35(2) |
If you are unsure which regulations apply to your case, check your outcome letter or seek advice from your staff association or legal representative.
If you don’t have all the documents yet
If you are unable to include some documents within the 28-day time limit, you may ask the Tribunal for an extension of time when you submit your appeal. You must explain:
- Why the documents are missing
- When you expect to provide them
- Why you are asking for more time
The Tribunal will consider your request and let you know the outcome as soon as possible.
Notifying the respondent
You must also send a copy of your entire appeal, including your statement and supporting documents, to the respondent:
- The Chief Constable, if you are not a senior officer.
- The Scottish Police Authority, if you are a senior officer.
What happens next
Once your appeal is received:
- The Tribunal will acknowledge receipt, assign a case number, and send you confirmation
- The respondent has 21 days to respond and must say whether they intend to oppose your appeal. They must also send you a copy of their response
You may then be given an opportunity to update or amend your appeal in light of the respondent’s reply
If you have any doubts about what to submit, or whether you are eligible to appeal, it is advisable to consult your staff association or legal adviser before lodging an appeal.