Police Service of Northern Ireland (Unsatisfactory Performance and Attendance) Regulations 2007

Procedure at hearing

15.—(1) The hearing shall be conducted by a member who is appointed for the purpose by the deputy chief constable and who is referred to in these regulations as the chairman of the hearing.

(2) The chairman shall be—

(a) a member or, if, at the request of the deputy chief constable, the chief officer of a force in Great Britain (as defined in the Police Act 1996(1) or the Police (Scotland) Act 1967(2), as the case may be) agrees to provide a chairman, a member of that force;

(b) of the rank of assistant chief constable; and

(c) a person who has neither attended nor otherwise been involved with the first interview or the second interview held in relation to the member concerned.

(3) The chairman may be assisted by up to two members who are of at least the rank of superintendent who shall act as assessors.

(4) As soon as the deputy chief constable has appointed the chairman, he shall arrange for a copy of any document—

(a) which was available to the interviewing officer in relation to the first interview;

(b) which was available to the countersigning officer in relation to the second interview; and

(c) which was prepared or submitted in terms of regulation 12,13 and 14, to be made available to the chairman and assessors of the hearing.

(5) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the chairman may determine.

(6) The hearing shall be held in private.

(7) The chairman shall afford the member concerned a full opportunity of making representations in relation to the matters referred to in the notice sent in terms of regulation 14.

(8) A verbatim record of the proceeding at the hearing must be taken.

(9) The chairman must prepare a written note summarising the proceedings at the hearing.

(10) Subject to regulation 16(1), if the member concerned does not attend the hearing or at any adjournment thereof, the hearing may proceed with and concluded in his absence if it appears to the chairman just and proper to do so.

(11) Where, owing to the absence of the member concerned, it is not possible to comply with the whole or any part of the procedure described in this regulation or regulation 16, the case may be proceeded with as if that procedure has been complied with.

(1)

1996 c.16

(2)

1967 c.77