The Ministry of Defence Police (Conduct) Regulations 2004

11.  For regulations 26 and 27 there is substituted—

“Admissibility of evidence

26.— (1) Subject to paragraph (3), any question whether any evidence is admissible must be determined by the officer conducting the hearing.

(2) That officer may allow any document to be adduced in evidence during the hearing, notwithstanding that a copy of it has not been supplied to the member concerned in accordance with regulation 12, if the member concerned consents.

(3) No witness may be called by either party to the case.

Remission of cases

27.   –

(1) If the chief constable is an interested party, the case must be remitted to the chief officer of some other police force (not being an interested party) who has agreed to act in that capacity.

(2) Where, either before or during the hearing, the officer conducting the hearing considers it appropriate to do so, he may return the case to the supervising officer, who must deal with it in the way he would have done had he not formed the opinion that the case was one in respect of which the conditions specified in regulation 38(2) and (3) were likely to be met.

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