PETER WILSON, CHIEF CONSTABLE OF FIFE CONSTABULARY FOR JUDICIAL REVIEW OF A DECISION OF THE POLICE APPEALS TRIBUNAL DATED 19TH MARCH 2006 [2008] CSOH 96

Appeal of decision of Police Appeals Tribunal ('the tribunal'). S30 Police (Scotland) Act 1967. Regulation 20 Police (Conduct) (Scotland) Regulation 1996 (SI 1996/1642. The tribunal allowed an appeal of a decision by a misconduct hearing which had found the respondent, a police officer, guilty of one of three serious charges. He was found guilty at that misconduct hearing of having sex with a woman whilst she was asleep and against her will, and conducting himself in an oppressive and imposing manner. The tribunal overturned this decision on appeal. The tribunal did not hear the evidence again but based its decision on the evidence on record. Whether the tribunal should have reheard the evidence. Whether the tribunal's criticism of the misconduct hearing's decision on the facts was sound , based only on recorded evidence. Case remitted for a fresh hearing before a differently constituted tribunal.