The Ministry of Defence Police (Conduct) Regulations 2004

Regulation 38.

SCHEDULE 2 SPECIAL CASES: MODIFICATIONS

1.  For regulations 11 and 12 there is substituted—

“Return of case to supervising officer

11.— (1) At any time after a case has been referred to a hearing but before the beginning of the hearing, the appropriate officer may direct that the case be returned to the supervising officer.

(2) Where a case is so returned, the supervising officer must deal with it in the way he would have done if he had not formed the opinion that the case was one in respect of which the conditions specified in regulation 38(2) and (3) were likely to be met.

Notice of decision to refer case to a hearing

12.— (1) Where it is decided to refer a case to a hearing, the supervising officer must ensure that, as soon as is reasonably practicable, the member concerned is invited to an interview with the appropriate officer at which he is given written notice of that decision and is supplied with copies of—

(a) that decision,

(b) a notice in writing that he may elect to be legally represented at the hearing and of the effect of section 4(1) to (3) of the Ministry of Defence Police Act 1987 (representation at disciplinary hearings),

(c) the certificate issued under regulation 10(5)(a),

(d) any statement he has made to the investigating officer or the appropriate officer, and

(e) any relevant statement, document or other material obtained during the course of the investigation.

(2) The notice of the decision to refer the case to a hearing must specify—

(a) the conduct of the member concerned which it is alleged failed to meet the appropriate standard,

(b) the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.

(3) Where the member concerned fails or is unable to attend the interview referred to in paragraph (1), the notice and copy documents referred to in that paragraph must be—

(a) delivered to the member concerned personally, or

(b) left with some person at, or sent by recorded delivery to, the address at which he is residing.

(4) In this regulation any reference to a copy of a statement is to be construed in any case where the statement was not made in writing as a reference to a copy of an account of it.”.

2.  For regulations 14 to 16 there is substituted—

“Notice of hearing

14.   The appropriate officer must fix a date for the hearing (which must be not less than 21 and not more than 28 days from the date on which notice under regulation 12(1) is given, delivered, left or sent in accordance with regulation 12) and, as soon as he has done so, he must ensure that the member concerned is notified immediately in writing of the time, date and place of the hearing.

Procedure on receipt of notice

15.   The member concerned must be invited to state in writing, within 14 days of the date on which he receives the notice and copy documents referred to in regulation 12(1)—

(a) whether or not he accepts that his conduct did not meet the appropriate standard,

(b) whether or not he wishes to be legally represented at the hearing.

Officer conducting the hearing

16.— (1) A case which is referred to a hearing under regulation 10(5)(a) must be heard by the chief constable, unless he is an interested party.

(2) If the chief constable is an interested party, the case must be heard by the chief officer of some other police force who has agreed to act in that capacity.”.

3.  Regulation 17 is omitted.

4.  For regulation 18 there is substituted—

“Documents to be supplied to the officer conducting the hearing

18.   There must be supplied to the officer conducting the hearing a copy of the notice and copy documents referred to in regulation 12(1).”.

5.  In regulation 19(1) (representation) for “supervising” there is substituted “appropriate”.

6.  For regulation 20 there is substituted—

“Conduct of hearing

20.— (1) The officer conducting the hearing may adjourn the hearing if it appears to him to be necessary or expedient to do so for the due hearing of the case.

(2) But that officer must not—

(a) exercise the power to adjourn more than once, or

(b) adjourn for longer than a period of one week or, on an application by the member concerned, 4 weeks,

unless it appears to him to be necessary to do so.”.

7.  In regulation 21—

(a) for the word “officers”, in each place it occurs, there is substituted the word “officer”, and

(b) in paragraph (1) for the word “their” there is substituted the word “his”.

8.  For regulation 23 there is substituted—

“Attendance of complainant at hearing

23.— (1) This regulation applies where there has been a complaint against the member concerned.

(2) Notwithstanding anything in regulation 24(1), but subject to paragraphs (3) and (4)—

(a) the complainant may attend the hearing, and

(b) the complainant may at the discretion of the officer conducting the hearing be accompanied by a friend or relative.

(3) The complainant and any person allowed to accompany him must neither intervene in, nor interrupt, the hearing.

(4) If the complainant or any person allowed to accompany him behaves in a disorderly or abusive manner, or otherwise misconducts himself, the officer conducting the hearing may exclude him from the remainder of the hearing.

(5) In this regulation references to the complainant are references to the originator of the complaint, notwithstanding that it was transmitted to the chief constable by some other person or by the Authority or some other body.”.

9.  In regulation 24—

(a) in paragraph (1) for the words “paragraphs (2) to (4)” there are substituted the words “paragraphs (2) and (3)”,

(b) paragraph (4) is omitted, and

(c) in paragraph (5) for the words “paragraph (1), (3) or (4)” there are substituted the words “paragraph (1) or (3)”.

10.  Regulation 25 is omitted.

11.  For regulations 26 and 27 there is substituted—

“Admissibility of evidence

26.— (1) Subject to paragraph (3), any question whether any evidence is admissible must be determined by the officer conducting the hearing.

(2) That officer may allow any document to be adduced in evidence during the hearing, notwithstanding that a copy of it has not been supplied to the member concerned in accordance with regulation 12, if the member concerned consents.

(3) No witness may be called by either party to the case.

Remission of cases

27.   –

(1) If the chief constable is an interested party, the case must be remitted to the chief officer of some other police force (not being an interested party) who has agreed to act in that capacity.

(2) Where, either before or during the hearing, the officer conducting the hearing considers it appropriate to do so, he may return the case to the supervising officer, who must deal with it in the way he would have done had he not formed the opinion that the case was one in respect of which the conditions specified in regulation 38(2) and (3) were likely to be met.

(3) Where the officer conducting the hearing remits a case under this regulation, he must not give any indication to the supervising officer to whom it is remitted of his assessment of the case or of the sanction that should be imposed.”.

12.  In regulation 29(1)—

(a) for the words “officers”, in the first place it occurs, there is substituted the word “officer”, and

(b) for the words “those officers decide” there are substituted the words “that officer decides”.

13.  In regulation 30—

(a) in paragraph (a) for the word “officers”, in each place it occurs, and the words “may receive evidence from any witness whose evidence would” there are substituted respectively the words “officer” and “may admit such documentary evidence as would”, and

(b) in paragraph (b) after the word “adduce” there is inserted the word “documentary”.

14.  In regulation 31 for the words “seven working days” there are substituted the words “three working days”.

15.  For regulation 33, there is substituted—

“The reviewing officer

33.   The review must be conducted by the chief officer of some other police force (not being an interested party) who has agreed to act in that capacity.”.

16.  At the end of regulation 35 there is added—

“(5) Where the reviewing officer considers that the officer conducting the hearing should have returned the case to the supervising officer under regulation 27, he must so return the case and the case is deemed to have been returned under that regulation.”.

17.  Regulation 36 is omitted.