The Ministry of Defence Police (Conduct) Regulations 2009

Participation of Commission or Ombudsman (as the case may be) and investigator at special case hearing

51.—(1) In any case where—

(a) in relation to England and Wales, paragraph 18 or 19 of Schedule 3 to the 2002 Act (managed and independent investigations) applied, or paragraph 16 or 17 of Schedule 3 to the 2002 Act (investigations by the appropriate authority and supervised investigations) applied and the Commission—

(i) made a recommendation under paragraph 20H(1) of that Schedule (special cases: recommendation or direction of Commission) which the appropriate authority accepted; or

(ii) gave a direction under paragraph 20H(7) of that Schedule (special cases: recommendation or direction of Commission); or

(b) in relation to Northern Ireland, section 56 of the 1998 Act applied,

the Commission or Ombudsman (as the case may be) may attend the special case hearing to make representations.

(2) Where the Commission or Ombudsman intends to attend the special case hearing—

(a) it may instruct a relevant lawyer to represent it;

(b) it shall notify the complainant or any interested person prior to the hearing; and

(c) the person conducting or chairing the special case hearing shall notify the officer concerned prior to the hearing.

(3) The investigator or a nominated person shall attend the special case hearing on the request of the person conducting or chairing the hearing to answer questions.

(4) For the purposes of this regulation, a “nominated person” is a person who, in the opinion of—

(a) the appropriate authority; or

(b) in a case to which, in relation to England and Wales paragraph 18 or 19 of Schedule 3 to the 2002 Act (managed and independent investigations) applied, or in relation to Northern Ireland section 56 of the 1998 Act applied, the Commission or Ombudsman (as the case may be),

has sufficient knowledge of the investigation of the case to be able to assist the person or persons conducting the special case hearing.