The Ministry of Defence Police (Conduct) Regulations 2004

Procedure on receipt of investigating officer’s report

10.—(1) On receiving a report submitted by the investigating officer under regulation 9, the supervising officer—

(a) must refer the case to a hearing if paragraph (2) applies, and

(b) otherwise may refer the case to a hearing, unless paragraph (3) applies,

(2) This paragraph applies if —

(a) the chief constable—

(i) has submitted a memorandum to the Commission stating that he proposes to prefer or has preferred disciplinary charges, or

(ii) has preferred such charges in accordance with a recommendation made to him by the Commission, or

(iii) has been directed to prefer such charges by the Commission following his failure to comply with such a recommendation, or

(b) the member concerned—

(i) has received two written warnings about his conduct within the period of 12 months ending with the date on which the report, complaint or allegation is received by the chief constable, and

(ii) has admitted in a statement made in pursuance of the notice given under regulation 8 that his conduct failed to meet the appropriate standard.

(3) If—

(a) the report by the investigating officer was made under regulation 9(2), and

(b) the supervising officer is of the opinion that the case is one in respect of which the conditions specified in regulation 38(2) and (3) are likely to be met, he must refer the case to the appropriate officer.

(4) If on a reference under paragraph (3) the appropriate officer considers that those conditions are not met, he must return the case to the supervising officer.

(5) If on such a reference the appropriate officer considers that those conditions are met, he must—

(a) certify the case as a special case and refer it to a hearing, or

(b) if in his opinion the circumstances make such certification inappropriate, return the case to the supervising officer.

(6) Where a case is returned to the supervising officer under paragraph (4) or (5), he must deal with the case in the way he would have done had he not formed the opinion that the case was one in respect of which those conditions were likely to be met.

(7) Where a case is not referred to a hearing, no reference to it is to be made on the personal record of the member concerned.