New Scottish tribunal rules for police appeals, 29 Dec

Police appeals in Scotland will move under a new, clearer set of tribunal rules on 29 December 2025. If you are a constable, a representative, or a learner exploring how accountability works, this guide explains what happens and when. Scottish Ministers made the First-tier Tribunal for Scotland General Regulatory Chamber (Police Appeals) (Procedure) Regulations 2025 (SSI 2025/384) on 26 November 2025, signed by Siohbhian Brown at St Andrew’s House, Edinburgh. The rules take effect on 29 December 2025 as recorded on legislation.gov.uk.

From late December, Police Appeals Tribunal functions shift into the First-tier Tribunal’s General Regulatory Chamber, following a separate transfer instrument (SSI 2025/378). For you, that means the same right to appeal but procedures that fit Scotland’s unified tribunal structure under the Tribunals (Scotland) Act 2014.

In these rules, the appellant is the constable bringing the appeal. The respondent is the Chief Constable in most cases, or the Scottish Police Authority when the appellant is a senior officer. Appeals arise from decisions listed in section 56(1) of the Police and Fire Reform (Scotland) Act 2012, typically after a misconduct hearing or a performance hearing under the 2014 or 2016 regulations.

The tribunal’s overriding objective is to deal with cases fairly and justly. That covers proportionality, less formality where possible, full participation, effective use of specialist expertise, and avoiding delay. Active case management lets the tribunal set preliminary issues, extend or shorten deadlines, combine similar cases, run hearings by video or telephone, pause a case, or suspend the effect of a decision while a review or appeal is considered. Staff of the Scottish Courts and Tribunals Service may handle preliminary judicial tasks with approval. What this means for you: expect clear timetables and a focus on getting to the issues that matter.

To start an appeal you send a written notice to the First-tier Tribunal. State your name and address, say it is a notice of appeal, identify the disputed decision with its date and any reference number, give the respondent’s details, and add your representative’s details if you have one. You or your representative must sign; an electronic signature counts. Time is tight: the tribunal must receive the notice within 28 days beginning with the date the decision was served on you. What this means for you: start early-if a decision is served on 3 January 2026, day 28 is 30 January 2026.

Attach three things to your notice: a full statement of your grounds of appeal; a copy of the disputed decision and the formal notice that conveyed it under the relevant conduct or performance regulations; and any documents you intend to rely on. If you cannot meet the 28‑day window, you may request an extension and explain why you need extra time.

Within 14 days of receiving your appeal, the tribunal will acknowledge it, enter it in a public register, and tell both sides the case reference and contact address. The respondent then has 21 days from when they were sent your appeal to state whether they oppose it and to name any representative. If they oppose, they must set out their grounds and provide certified documents from the original proceedings, such as the misconduct form, the hearing recording or written record, and the final notice.

After the first exchange, the tribunal invites both sides to refine their written statements. You will be told you may amend within 21 days. Later amendments are possible with the tribunal’s permission on terms it thinks fit. Clear, focused grounds help everyone concentrate on the points that matter.

The tribunal then asks whether an oral hearing is required. Each side has 7 days to answer. If neither party asks for an oral hearing, the case will be decided on the papers and the tribunal will confirm that in writing. If a party does not intend to appear, the tribunal sets a date by which final written submissions must be made.

The chairing member can require witnesses to attend and documents to be produced, either on a party’s request or on the tribunal’s own initiative. The tribunal may set the issues for evidence, decide if expert evidence is needed (including a single joint expert), and limit witness numbers. It may exclude late or non‑compliant evidence if fairness requires, and witnesses can give evidence on oath or affirmation. No one can be compelled to give evidence that could not be required in a civil court.

At the hearing, the chair explains the order of proceedings. Each side may give evidence, call and question witnesses, and make submissions on the facts and the law. The tribunal may hear new evidence or rehear what was said at the misconduct or performance hearing, and it may allow new grounds or new evidence if that is just and reasonable.

You may be represented by a lawyer or a lay representative, and you may bring a supporter for moral support, note‑taking and quiet advice. Representatives and supporters take on the same confidentiality duties as the party. A lay representative cannot sign an affidavit or precognition, and the tribunal may refuse a representative or supporter who is unsuitable or would hinder the efficient administration of justice.

Hearings are public unless the tribunal decides a private session is necessary in the interests of justice. It may restrict photography or recording, while making reasonable adjustments under the Equality Act 2010 to support access needs. Anyone who disrupts proceedings, or whose presence would stop a witness speaking freely, can be excluded. The tribunal will ensure any party who is excluded remains adequately represented.

If a party does not attend after proper notice, the tribunal may proceed in their absence or adjourn after considering any written representations. If a non‑chair member becomes unavailable at or after the start, the case can continue with the other two members if both sides consent; the chair then has a casting vote if opinions are split.

Communication is digital by default. If you provide an email address you are expected to accept documents by email, and an electronic document is treated as delivered at 9.00 am on the next business day. You can still ask for paper copies. The tribunal gives at least 21 days’ notice of any hearing, explains the procedure and your rights, asks about reasonable adjustments, and sets a date-no later than 7 days before the hearing-by which you should confirm whether you will attend or be represented. What this means for you: keep an eye on your inbox and reply on time.

Decisions can be unanimous or by majority, and may be delivered at the end of the hearing or within 30 days. You will get the written decision and an explanation of how to seek a review or appeal. Decisions are publicly pronounced or published, sometimes with sensitive personal or financial details removed. A public register-free to inspect and available electronically-lists the case number, the appellant’s name, the decision appealed, the hearing date or the paper decision date, and the outcome, with any private evidence omitted. What this means for you: decisions are public by default, but privacy can be protected where appropriate.

On expenses, each side normally meets its own costs. The tribunal can order a party to pay expenses if that party acted unreasonably and caused the other side to incur costs it would be unfair to bear, but only after giving a chance to be heard.

After a decision, the tribunal can correct clerical mistakes at any time. A review may be sought within 14 days where the interests of justice require it, and, where practicable, the same members will handle it. Seeking a review does not stop the separate 30‑day time limit in the Scottish Tribunals (Time Limits) Regulations 2016 for applying for permission to appeal on a point of law. To appeal, you first ask the First-tier Tribunal for permission, identifying the decision, the legal points, and the result you want; if refused, you will receive reasons and can then apply to the Upper Tribunal within the notified time and manner. What this means for you: a review is not a shortcut to an appeal and the 30‑day clock keeps running.