PART 3Misconduct hearings

Appointment of panel18

1

The Authority must appoint a panel of 3 individuals to conduct the misconduct hearing.

2

A panel appointed under paragraph (1) must comprise—

a

a chairing member who is—

i

a member of the Authority; or

ii

a member of the Authority’s staff;

b

one member who is—

i

a member of the Authority;

ii

a member of the Authority’s staff;

iii

a member of any committee of the Authority established under paragraph 9(1) of schedule 1 to the Act; or

iv

any other individual the Authority considers appropriate, based on that individual’s skills, knowledge and expertise; and

c

one member who is—

i

an individual considered appropriate by the Authority, based on that individual’s skills, knowledge and expertise;

ii

not a member of the Authority;

iii

not a member of the Authority’s staff; and

iv

not a member of any committee of the Authority established under paragraph 9(1) of schedule 1 to the Act.

3

The Authority may not appoint to a panel—

a

a senior officer;

b

a constable working directly under the management of the senior officer; or

c

any other individual whose appointment could give rise to a reasonable concern as to whether that individual could act impartially in relation to the misconduct hearing.

4

The chairing member of the panel may appoint to assist the panel—

a

up to two individuals to act as assessors; and

b

in a case where the senior officer has notified an intention to be legally represented, an advocate or a solicitor to act as a legal assessor.