The Ministry of Defence Police (Conduct) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision about the procedure to be followed where there is a report, complaint or allegation about the conduct of a member of the Ministry of Defence Police force (“the force”) of the rank of chief superintendent or below. Two related sets of regulations, the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004 and the Ministry of Defence Police Appeal Tribunals Regulations 2004, are made at the same time. The Ministry of Defence Police (Conduct) (Senior Officers) Regulations provide for the investigation and hearing of complaints about the conduct of more senior officers, and the Ministry of Defence Police Appeal Tribunals Regulations make provision about appeals to be made to the Ministry of Defence Police appeal tribunals from a review of decisions under these Regulations and decisions under the Ministry of Defence Police (Conduct) (Senior Officers) Regulations.

Regulations 1 and 2 provide for citation, commencement, extent and interpretation. The regulations only apply where the conduct in question occurred and began on or after the commencement date.

Regulation 3 restricts the application of the regulations to conduct or alleged conduct of officers other than senior officers, who are serving in Great Britain or outside the United Kingdom whilst on detached duty from a station in Great Britain.

Regulation 4 sets out the normal procedure enabling a member of the force to be suspended by the chief constable of the force where a report, complaint or allegation about his conduct is made indicating that his conduct does not meet the appropriate standard. (This is the standard set out in the Code of Conduct in Schedule 1 to these regulations.) The regulation sets out the procedure to be followed for suspension and its duration.

Regulation 5 provides that the power of suspension in regulation 4 is not affected by the fact that there are criminal proceedings outstanding against a member of the force. It also sets out that proceedings under these regulations may only take place where criminal proceedings against a member of the force are outstanding if the chief constable considers that there are exceptional circumstances that make it appropriate to do so.

Regulation 6 provides for the supervision of the investigation of cases where the chief constable receives a report, complaint or allegation indicating that the conduct of a member of the force does not meet the appropriate standard. The chief constable may supervise the investigation himself or appoint another supervising officer unless the conduct resulted in death or serious injury. In that case, in England and Wales the case must be referred to the Commission and in Scotland the case must be referred to the Area Procurator Fiscal.

Regulation 7 enables an investigating officer to be appointed.

Regulation 8 obliges the investigating officer to give a member of the force notice of the investigation, to inform him of what will happen if he makes a statement, to inform of his right to seek advice from the Defence Police Federation and of his right to be accompanied by a member of the force who is not an interested party to any meeting, hearing or interview.

Regulation 9 requires the investigating officer to report on the case to the supervising officer. If it appears to the investigating officer that the conditions set out in regulation 38(2) and (3) are likely to be met (these cases are called “special cases”) the investigating officer must report so immediately.

Regulation 10 sets out the procedure to be followed on receipt of the investigating officer’s report by the supervising officer, and when cases are to be referred to a hearing. The procedure and the requirement for such a reference depend on whether or not the case is thought to be a special case and whether or not the chief constable has preferred disciplinary charges or is proposing to do so.

Regulation 11 provides for the supervising officer to direct that a case that has been referred to a hearing is to be withdrawn.

Regulation 12 provides for notice to be given to a member of the force about the decision to refer his case to a hearing and what documents he is to be supplied with. The supervising officer must ensure that members given notice of the decision to refer the case to a hearing are given notice of the right to elect to be legally represented at the hearing.

Regulation 13 provides that none of the sanctions in regulation 29 may be imposed on a member of the force unless the case has been referred to a hearing.

Regulation 14 provides for notice of the hearing to be given to the member of the force concerned about details of the hearing.

Regulation 15 sets out the procedure for inviting the member to make a statement about his conduct, about his wishes as to legal representation and about witnesses.

Regulation 16 makes provision with regard to the officers who are to conduct the hearing.

Regulation 17 applies where a member of the force accepts that his conduct fell short of the appropriate standard and sets out the documents that are required to be supplied to such a member.

Regulation 18 sets out the documents that are to be supplied to the officers conducting the hearing.

Regulation 19 concerns representation at the hearing.

Regulation 20 concerns the conduct of the hearing, when it may be adjourned and how decisions made by the officers conducting the hearing are to be made.

Regulation 21 sets out the procedure to be followed at hearings.

Regulation 22 concerns the attendance at the hearing of the member of the force concerned and provides for how the hearing is to proceed if that member fails or is unable to attend.

Regulation 23 applies where the case originated in a complaint. It provides for the attendance of the complainant at the hearing together with a friend or relative and entitles the complainant to have questions put to the officer concerned.

Regulation 24 provides for the attendance of others at the hearing.

Regulation 25 sets out when the presiding officer is required to exclude members of the public from the hearing.

Regulation 26 enables statements to be adduced in evidence if a member of the force consents despite no copy having been supplied to him.

Regulation 27 sets out when and to whom a case must be remitted and provides for notices to be given to a member of the force where a case is remitted.

Regulation 28 makes provision about records of the hearing and copies.

Regulation 29 sets out the sanctions the officers conducting the hearing may impose.

Regulation 30 requires the personal record of a member of the force to be taken into account before a sanction is imposed and provides that a member of the force or his representative may make written or oral representations or adduce evidence with regard to the question of the sanction to be imposed.

Regulation 31 requires a member of the force to be provided with oral and written notification of the finding of the hearing and any sanction imposed.

Regulation 32 entitles a member of the force to request a review of the finding or sanction or both and sets out how such a request is to be made and to whom.

Regulation 33 requires a review normally to be conducted by the chief constable and otherwise by the chief officer of some other force.

Regulation 34 sets out the procedure for the conduct of the review.

Regulation 35 requires the member of the force to be informed in writing of the finding of the reviewing officer and enables the reviewing officer to impose a less onerous sanction.

Regulation 36 provides that the functions of the chief constable under regulations 6(1) and 16(1) may be discharged by the appropriate officer.

Regulation 37 requires the chief constable to keep a record of the conduct of proceedings.

Regulation 38 sets out conditions, the meeting of which will result in the case being a special case for the purposes of regulation 10.

Schedule 1 sets out the Code of Conduct that members of the force are required to adhere to and sets the standard of conduct expected of members of the force.

Schedule 2 sets out modifications that are to be made to the normal procedure that are applicable where the conditions in regulation 38 are met.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.