The Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004

Attendance of complainant at hearing

18.—(1) This regulation applies where there has been a complaint against the senior officer concerned.

(2) Notwithstanding anything in regulation 14(1), but subject to paragraphs (3), (4), (5), (7) and (8)—

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

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

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

(4) 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.

(5) Where it appears to the chairman of the tribunal that a witness, including the senior officer concerned, may in giving evidence disclose information which in the public interest ought not be disclosed to any person attending the hearing by virtue of this regulation, including the complainant, he must require that person to withdraw while the evidence is given.

(6) Where the senior officer concerned gives evidence, then after the person presenting the case has had an opportunity of cross-examining him—

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

(b) at the chairman’s discretion the complainant himself may be allowed to put such questions to the senior officer concerned.

(7) Subject to paragraph (6), the complainant and any person allowed to accompany him must neither intervene in, nor interrupt, the hearing.

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

(9) In this regulation references to the complainant are references to the originator of the complaint, notwithstanding that it was transmitted to the Ministry of Defence Police Committee by some other person or by the Commission or some other body.