The Ministry of Defence Police (Conduct) Regulations 2004

Notice of decision to refer case to a hearing etc.

12.—(1) Where it is decided to refer a case to a hearing, the supervising officer must ensure that, not less than 28 days before the date on which the hearing is to be held, the member concerned is given written notice of that decision and is supplied with copies of—

(a) any statement he has made to the investigating officer or the appropriate officer, and

(b) any relevant statement, document or other material obtained during the course of the investigation.

(2) The notice given under paragraph (1) must specify—

(a) the conduct of the member concerned which it is alleged failed to meet the appropriate standard,

(b) the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.

(3) If the supervising officer is of the opinion that the officers conducting the hearing should have available the sanctions of dismissal, requirement to resign or reduction in rank, he must ensure that at the same time as notice is given under paragraph (1) the member concerned is given notice in writing stating—

(a) that he may elect to be legally represented at the hearing, and

(b) the effect of section 4(1) to (3) of the Ministry of Defence Police Act 1987.

(4) In this regulation any reference to a copy of a statement is to be construed in any case where the statement was not made in writing as a reference to a copy of an account of it.