Police Misconduct & PAT Appeal Solicitors

Practice Areas

Advice on Misconduct Allegations

A misconduct allegation can put an officer's career, reputation and livelihood at risk, often long before any finding is made. For constables up to the rank of chief superintendent, the process is governed by the Police Service of Scotland (Conduct) Regulations 2014. Senior officers are covered by separate regulations. The procedures are technical, the timescales can be tight, and decisions taken at the outset often shape the result.

PBW Law is ranked as the top Scottish firm for Police Law: Mainly Defendant in the Chambers UK directory. We represent officers from the first notice of an allegation through to misconduct hearings, internal appeals and the Police Appeals Tribunal, and we work alongside the Scottish Police Federation and other representative bodies on behalf of their members.

Courtroom interior — police misconduct and PAT appeal solicitors, Scotland

How the Misconduct Process Works

Assessment — Professional Standards assess whether the allegation, if proved, would amount to misconduct or gross misconduct, and whether it should be investigated.
Investigation — an investigator gathers evidence and you will usually be invited to interview. What you say, and whether you provide a written response, needs careful thought.
Misconduct hearing — if the allegation proceeds, it is decided at a hearing where you can be represented, challenge the evidence and make representations.
Outcome — if an allegation is found proved, disciplinary action can range from a verbal or written warning to a final written warning, demotion or dismissal.
Internal appeal — you can appeal against the finding, the disciplinary action, or both.
Police Appeals Tribunal — if you are dismissed or demoted, you can appeal to the Police Appeals Tribunal, which became part of the First-tier Tribunal for Scotland in December 2025, with a further appeal to the Upper Tribunal in some circumstances.

How PBW Law Protects Your Career

We advise from the moment you receive notice of an allegation: reviewing the evidence, preparing you for interview, drafting your written response and challenging procedural failings. At a hearing, we present your case, test the evidence and make representations on outcome. Where a decision goes against you, we assess the grounds for appeal quickly so that no time limit is missed. Professor Peter Watson, Solicitor Advocate, holds an individual Chambers ranking in Police Law and has represented officers in some of the most significant conduct proceedings in Scottish policing.

The Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 is changing the conduct system, including allowing gross misconduct proceedings to continue after an officer leaves the service and introducing police barred and advisory lists. New conduct regulations are expected, and we can explain how the changes affect your case.

Frequently Asked Questions

Should I get legal advice before a misconduct interview?

We strongly recommend it. The interview is often the most important stage of the process. Taking advice beforehand helps you understand the allegation, the evidence and the risks of what you say, including any overlap with a criminal investigation.

What is the difference between misconduct and gross misconduct?

Gross misconduct is the most serious category of allegation, where dismissal may be justified. The classification affects the procedure that applies and the outcomes available, so it is often worth challenging.

Can I appeal a finding of misconduct?

Yes. You can appeal against the finding, the disciplinary action or both. If you are dismissed or demoted, a further appeal lies to the Police Appeals Tribunal. Strict time limits apply, so seek advice as soon as you receive the decision.

Will my legal costs be covered?

Members of the Scottish Police Federation or another staff association may be able to apply for legal assistance. We regularly act for officers funded by representative bodies, and we can also act on a private basis.

If you are facing a misconduct allegation or considering an appeal, call us on 0141 439 1990. Out of hours, call 07802 884830.