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The Ministry of Defence Police (Conduct) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 3069
- PART 4
- Regulation 24
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Timing and notice of misconduct proceedings
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24.—(1) Subject to paragraphs (2) and (6), the misconduct proceedings shall take place—
(a)in the case of a misconduct meeting, before the end of 20 working days, or
(b)in the case of a misconduct hearing, before the end of 30 working days,
beginning with the first working day after the documents have been supplied to the officer concerned under regulation 21(1).
(2) The person conducting or chairing the misconduct proceedings may extend the period specified in paragraph (1) where it is considered in the interests of justice to do so.
(3) Where the person conducting or chairing the misconduct proceedings decides to extend the period under paragraph (2), or decides not to do so following representations from the officer concerned or the appropriate authority, written notification shall be provided of the reasons for that decision to the appropriate authority and the officer concerned.
(4) The person conducting or chairing the misconduct proceedings shall, if reasonably practicable, agree a date and time for the misconduct proceedings with the officer concerned.
(5) Where no date and time are agreed under paragraph (4), the person conducting or chairing the misconduct proceedings shall specify a date and time for those proceedings.
(6) Where a date and time are specified under paragraph (5) and—
(a)the officer concerned or the police friend will not be available at that date and time; and
(b)the officer concerned proposes an alternative date and time which satisfies subsection (7),
the misconduct proceedings shall be postponed to the time proposed by the officer concerned.
(7) An alternative date and time must—
(a)be reasonable; and
(b)fall before the end of 5 working days beginning with the first working day after the day specified by the person conducting or chairing the misconduct proceedings.
(8) The officer concerned shall be given written notice of the date, time and place of the misconduct proceedings.
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