The Police (Conduct) Regulations 2004

Procedure at hearing

27.—(1) Subject to the provisions of these Regulations, the tribunal or as the case may be the officers conducting the hearing shall determine their own procedure.

(2) The tribunal or officers conducting the hearing shall review the facts of the case and decide whether or not the conduct of the officer concerned met the appropriate standard.

(3) The tribunal or officers conducting the hearing shall not find that the conduct of the officer concerned failed to meet the appropriate standard unless the conduct is—

(a) admitted by the officer concerned; or

(b) proved by the person presenting the case on the balance of probabilities,

to have failed to meet that standard.

(4) Where evidence is given at a hearing that the officer concerned, at any time after he was given written notice under regulation 9, on being questioned by an investigating officer failed to mention orally or in writing any fact relied on in his defence at that hearing, being a fact which in the circumstances existing at the time the officer concerned could reasonably have been expected to mention when so questioned or when making a statement under regulation 9(d), paragraph (5) applies.

(5) Where this paragraph applies, the tribunal or officers conducting the hearing may draw such inferences from the failure as appear proper.

(6) Paragraph (5) does not apply in relation to a failure to mention a fact if the failure occurred before this regulation was brought into force.

(7) Where the case concerns an officer other than a senior officer, if the officers conducting the hearing decide that the conduct of the officer concerned did not meet the appropriate standard, they shall decide whether it would be reasonable to impose any, and if so which, sanction.

(8) Where the case concerns a senior officer, the tribunal shall, as soon as possible after the hearing, submit a report to the appropriate authority, together with a copy to the senior officer concerned, setting out—

(a) the finding of the tribunal under paragraph (2);

(b) if that finding was that the conduct of the senior officer concerned failed to meet the appropriate standard, a recommendation as to any sanction which, subject to regulation 35(3), in its opinion should be imposed; and

(c) any other matter arising out of the hearing which it desires to bring to the notice of the appropriate authority.