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

Procedure following investigation

8.—(1) Where—

(a) during or following the investigation of a report, complaint or allegation, it appears to the Ministry of Defence Police Committee that the conduct of a senior officer may not have met the appropriate standard, or

(b) before the end of the investigation, it appears to the investigating officer that the case is one in respect of which the conditions specified in Part 1 of the Schedule are likely to be met and he informs the Ministry of Defence Police Committee accordingly,

the Committee must consider whether proceedings under regulation 10 need be taken.

(2) Unless the Committee decide that no such proceedings need be taken, as soon as is reasonably practicable they must give the senior officer notice in writing of the report, allegation or complaint—

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

(b) informing him that he is not obliged to say anything concerning the matter, but that he may make a written or oral statement concerning the matter to the Committee, and

(c) informing him that if he makes such a statement it may be used in any subsequent proceedings under these Regulations.

(3) If the Committee decide that no proceedings under regulation 10 need be taken, they must inform the senior officer of that decision in writing immediately.

(4) In a case where paragraph (1)(b) applies, the Committee must—

(a) determine whether the case is one in respect of which the conditions specified in Part 1 of the Schedule are met, and

(b) if they determine that it is such a case and are not of the opinion that the circumstances are such that it would be inappropriate to do so, certify the case as a special case.

(5) Where the Committee certify a case under paragraph (4)(b), the notice given under paragraph (2) must inform the senior officer concerned that it has been so certified.