The Ministry of Defence Police (Conduct) Regulations 2004

Special cases

38.—(1) This regulation applies to any case—

(a) in which a report, complaint or allegation is made which indicates that the conduct of a member of the force did not meet the appropriate standard, and

(b) in respect of which the conditions A and B are met and a certificate has been issued under regulation 10(5)(a).

(2) Condition A is that the report, complaint or allegation—

(a) is supported by evidence which, in the opinion of the appropriate officer, is sufficient, without further evidence to establish on the balance of probabilities that the conduct of the member concerned did not meet the appropriate standard, and

(b) when taken together with any such evidence, in the opinion of the appropriate officer indicates that the conduct of the member concerned—

(i) is of a serious nature and may constitute an offence which is punishable with imprisonment in the case of a person aged 21 or over, and

(ii) is such that, were the case to be referred to a hearing under regulation 10 and the officers conducting that hearing to find that the conduct failed to meet the appropriate standard, they would be likely to impose the sanction of dismissal from the force.

(3) Condition B is that the appropriate officer is satisfied that it is in the public interest for the member concerned to cease to be a member of the force as soon as possible.

(4) In the application of these Regulations to a case to which this regulation applies, these Regulations have effect subject to the modifications specified in Schedule 2 to these Regulations, except where paragraph (5) applies.

(5) Where a case to which this regulation applies has been returned to the supervising officer in pursuance of any provision of these Regulations as modified by that Schedule, the provisions of these Regulations have effect in relation to the case without modification.

(6) In Schedule 2 any reference to a provision of these Regulations is to be construed, unless the contrary intention appears, as a reference to that provision as modified by that Schedule.