The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020

Public notification of misconduct hearings

35.—(1) The person chairing a misconduct hearing (“the chair”) may require the relevant authority to give notice of the hearing which contains information relating to one or more of—

(a) the name of the officer concerned,

(b) the date of the hearing,

(c) the time of the hearing,

(d) the place at which the hearing will take place, and

(e) the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as the case may be, as set out in the notice given in accordance with regulation 29(1)(a).

(2) Where the chair requires notice to be given in accordance with paragraph (1), the relevant authority must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 34(1).

(3) Any person to whom this paragraph applies may make written representations to the chair in relation to—

(a) whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 38(6)(a),

(b) whether the chair should impose any conditions under regulation 38(6)(b),

(c) whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 38(6)(c),

(d) in the light of the representations made under sub-paragraphs (a) to (c)—

(i) whether the chair should require notice to be given under paragraph (1),

(ii) which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice.

(4) Paragraph (3) applies to—

(a) the officer concerned,

(b) the relevant authority,

(c) the complainant,

(d) any interested person,

(e) any witness, and

(f) the Director General or the Ombudsman.

(5) Written representations in relation to the matters specified in paragraph (3)(a) to (c) may also be made by any journalist or other representative of the media to the chair.

(6) Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the chair for provision of such representations.