The Ministry of Defence Police (Conduct) Regulations 2004

Remission of cases

27.—(1) If—

(a) the presiding officer is an interested party, or

(b) either of the officers assisting the presiding officer is an interested party, or

(c) it appears to the presiding officer appropriate to do so for any other reason (whether before or during the hearing),

he must remit the case.

(2) Where paragraph (1)(a) or (c) applies (whether or not paragraph (1)(b) also applies), the presiding officer must remit the case to an officer who would be eligible to be appointed as the presiding officer under regulation 16 who has agreed to act as the presiding officer in the matter.

(3) Where paragraph (1)(b) applies (whether or not paragraph (1)(a) or (c) also applies) the chief constable must appoint another officer to replace the assisting officer concerned in accordance with regulation 16(3).

(4) Where the presiding officer remits a case under this regulation, he must not give any indication to the officer to whom it is remitted of his assessment of the case or of the sanction that should be imposed.

(5) Where a case is remitted under this regulation, the supervising officer must ensure that—

(a) the member concerned is notified in writing of the time, date and place of the remitted hearing, and

(b) the notification is given at least 21 days before the hearing is to be held unless the parties to the hearing agree otherwise.