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

Notification of outcome U.K.

42.—(1)  [F1 Subject to paragraph (1B), the person] conducting or chairing the misconduct proceedings must, before the end of a period of 5 working days beginning with the first working day after the completion of the misconduct hearing or misconduct meeting, submit a report to the relevant authority setting out—

(a) the finding of the person or panel conducting the misconduct proceedings;

(b) the reasons for that finding;

(c) any disciplinary action imposed;

(d) any direction that the matter be dealt with under the reflective practice review process [F2 , and

(e) where it was found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice, the reasons for that decision.]

[F3 (1A) The person chairing a misconduct hearing—

(a) may require the legally qualified person appointed under regulation 27(5B) to provide advice in respect of legal and procedural issues relating to the report under paragraph (1), and

(b) must have regard to any advice provided under sub-paragraph (a).

(1B) The person chairing a misconduct hearing may delegate responsibility for preparing the report under paragraph (1) to the legally qualified person appointed under regulation 27(5B).

(1C) Where the person chairing the misconduct hearing delegates responsibility for preparing the report under paragraph (1B)—

(a) the legally qualified person must submit the report to the person chairing the misconduct hearing within 5 working days beginning with the first working day after completion of the misconduct hearing, and

(b) the person chairing the misconduct hearing—

(i) may amend the report prepared by the legally qualified person, and

(ii) must satisfy themself that they are content with the report prepared by the legally qualified person (whether or not they have amended it under paragraph (i)).

(1D) Where the person chairing a misconduct hearing delegates responsibility for preparing the report under paragraph (1B), paragraph (1) is to be read as if for “5 working days” there were substituted “10 working days”.]

(2) The relevant authority must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of—

(a) the report submitted under paragraph (1), and

(b) where there was a finding of misconduct or gross misconduct, a notice of the right of appeal in accordance with paragraph (3).

(3) A notice of the right of appeal under paragraph (2) is a notice—

(a) where the officer concerned is not a senior officer—

(i) if the case was decided at a misconduct meeting, of the right of appeal under regulation 44, or

(ii) if the case was decided at a misconduct hearing, of the right of appeal under the Appeals Tribunals Regulations,

(b) where the officer concerned is a senior officer, of the right of appeal under the Appeals Tribunals Regulations.

(4) In all cases referred to in paragraph (3) the notice of the right of appeal must be in writing and include the name of the person to whom an appeal should be sent.

(5) The relevant authority must send a copy of any report under this regulation to—

(a) the Director General, in any case where the Director General—

(i) presented the case, or

(ii) was entitled to attend to make representations under regulation 37(1),

(b) the Ombudsman, in any case in which the Ombudsman—

(i) presented the case, or

(ii) was entitled to make representations under regulation 37(1), F4 ...

(c) the complainant and any interested person, in any case to which regulation 39 applies [F5 , and

(d) the Secretary of State, where it was found that the conduct of the officer concerned amounted to gross misconduct but the disciplinary action imposed was not dismissal without notice.]

(6) Subject to the harm test and to paragraph (10), the person chairing a misconduct hearing must require the relevant authority to publish the report submitted under paragraph (1).

(7) Where the relevant authority is required to publish the report in accordance with paragraph (6), it must do so as soon as practicable after the officer has been notified of the outcome of the proceedings under paragraph (2).

(8) Where the relevant authority publishes a report in accordance with paragraph (6), it must publish the report on its website for a period of not less than 28 days.

(9) Prior to publication of a report under paragraph (6) the relevant authority may, subject to paragraph (12), redact the document—

(a) in so far as the authority considers redaction is—

(i) necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings,

(ii) necessary in the interests of national security,

(iii) necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders,

(iv) necessary for the purpose of the prevention or detection of misconduct by other MDP officers or their apprehension for such matters,

(v) necessary and proportionate for the protection of the welfare and safety of any informant or witness,

(vi) otherwise in the public interest, and

(b) in line with any restrictions imposed on the disclosure of information during the course of the proceedings.

(10) The person chairing the misconduct hearing may dispense with the requirement under paragraph (6) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (9)(a) or (b).

(11) In making a decision under paragraph (10), the person chairing the misconduct hearing may have regard to any representations—

(a) provided under regulation 35(3) or (5), or

(b) made at the misconduct hearing.

(12) Information that has already been published during the course of the proceedings may not be redacted under paragraph (9).

Textual Amendments

F1 Words in Sch. 1 reg. 42(1) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(15)(a)(i) (with reg. 4)

F2 Sch. 1 reg. 42(1)(e) and word inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(15)(a)(ii) (with reg. 4)

F3 Sch. 1 reg. 42(1A)-(1D) inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(15)(b) (with reg. 4)

F4 Word in Sch. 1 reg. 42(5) omitted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(15)(c)(i) (with reg. 4)

F5 Sch. 1 reg. 42(5)(d) and word inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(15)(c)(ii) (with reg. 4)

Commencement Information

I1 Sch. 1 reg. 42 in force at 2.11.2020, see reg. 1