McAdam v Wood For Judicial Review [2001] ScotCS 247 (1 November 2001)

McAdam v Wood For Judicial Review [2001] ScotCS 247 (1 November 2001)

The Police (Conduct)(Scotland) Regulations 1996 do not impose a strict time limit for disciplinary proceedings unrelated to criminal allegations. Delay is not expressly excluded and cannot be implied as vitiating the process. The respondent's delay, though substantial, does not invalidate the misconduct hearing. Any prejudice caused by delay can be considered at the hearing.

Citation
[2001] ScotCS 247
Parties
Petitioner: Henry McAdam; Respondent: Thomas Wood
Jurisdiction
Scotland
Judgment Date
01 November 2001
Procedural Posture
Judicial Review / Preliminary Plea Determination
Outcome
petitioner's second plea-in-law repelled
Legal Topics
Judicial Review, Statutory Interpretation, Disciplinary Proceedings, Delay in Disciplinary Process
Administrative Law Police Disciplinary Law Judicial Review Statutory Interpretation Disciplinary Proceedings Delay in Disciplinary Process

Case Brief

Summary, issues, holding and outcome

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Parties

Henry McAdam

Petitioner

Thomas Wood

Respondent

Procedural Posture

Judicial Review / Preliminary Plea Determination

Legal Issues

  1. 1 Whether the respondent had power under the Police (Conduct)(Scotland) Regulations 1996 to delay disciplinary proceedings unrelated to criminal allegations
  2. 2 Whether delay vitiates the misconduct hearing process

Ratio Decidendi

The Police (Conduct)(Scotland) Regulations 1996 do not impose a strict time limit for disciplinary proceedings unrelated to criminal allegations. Delay is not expressly excluded and cannot be implied as vitiating the process. The respondent's delay, though substantial, does not invalidate the misconduct hearing. Any prejudice caused by delay can be considered at the hearing.

Court Disposition

petitioner's second plea-in-law repelled

Orders

  • Second plea-in-law for the petitioner is repelled at this stage