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

Modification to regulation 40 (procedure at misconduct proceedings)

35.  Regulation 40 is to be read as if—

(a) in paragraphs (1), (3), (5), (10) and (11) “conducting or” were omitted;

(b) in paragraph (2), “in relation to the form of misconduct proceedings taking place” were omitted;

(c) in paragraph (5), for “misconduct or gross misconduct, as the case may be”, there were substituted “gross misconduct”;

(d) in paragraph (8), “(at a misconduct hearing)” were omitted;

(e) after paragraph (10), there were inserted—

“(10A) Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 19(6) (interviews during investigation) or external procedures and failed to attend the interview, paragraph (14) applies.”;

(f) in paragraph (12)(b) after “17(1)” there were inserted “, 19A(2)”;

(g) in paragraphs (14) and (16), “person or” were omitted;

(h) for paragraph (15) there were substituted—

“(15) The panel conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.”;

(i) in paragraph (17), “At misconduct proceedings conducted by a panel,” were omitted;

(j) paragraph (19) were omitted.