The Ministry of Defence Police Appeal Tribunals Regulations 2004

Attendance of complainant at hearing

17.—(1) This regulation applies in relation to a hearing where—

(a) the decision appealed against arose from a complaint, and

(b) the appeal is not against sanction only.

(2) The chairman of the police appeals tribunal must cause notice of the date of the hearing to be sent to the complainant at the same time as notice of it is sent to the appellant and the respondent under regulation 10(1).

(3) Notwithstanding anything in regulation 14(1), but subject to paragraphs (4) to (6) and (9)—

(a) the police appeals tribunal must allow the complainant to attend the hearing while witnesses are being examined or cross-examined on the facts alleged, and

(b) the complainant may at the discretion of the chairman of the tribunal be accompanied by a friend or relative.

(4) Where the complainant is to be called as a witness at the hearing, he may not attend before he gives his evidence.

(5) Where any person allowed to accompany the complainant is to be called as a witness at the hearing, he may not attend—

(a) if he is to be called as a witness at the hearing, before he has given evidence, and

(b) if the complainant is to be called as a witness at the hearing, before the complainant has given evidence.

(6) Where it appears to the police appeals tribunal that a witness may in giving evidence disclose information which in the public interest ought not to be disclosed to a member of the public, it must require the complainant and any person allowed to accompany him to withdraw while that evidence is given.

(7) Where the appellant gives evidence, then, after the person representing the respondent has had an opportunity of cross-examining him, the chairman of the police appeals tribunal—

(a) must put to him any questions which the complainant requests should be so put by way of cross-examination, and

(b) may, if he thinks fit, allow the complainant himself to put such questions to the appellant.

(8) Subject to the previous provisions of this regulation, the complainant and any person allowed to accompany him must not intervene in or interrupt the hearing.

(9) If the complainant or such a person behaves in a disorderly or abusive manner, or otherwise misconducts himself, the chairman of the police appeals tribunal may exclude him from the remainder of the hearing.