The Ministry of Defence Police (Conduct) Regulations 2009

Outcome of special case hearing

55.—(1) Where the person or persons conducting the special case hearing find that the conduct of the officer concerned amounts to gross misconduct, they shall impose disciplinary action, which may be—

(a) subject to paragraphs (2) and (3), a final written warning;

(b) extension of a final written warning in accordance with paragraph (2); or

(c) dismissal without notice.

(2) Where the officer concerned had a final written warning in force on the date of the assessment of the conduct under regulation 12(1) or regulation 14A of the Complaints Regulations (as the case may be)—

(a) a final written warning shall not be given; but

(b) subject to paragraph (4), in exceptional circumstances, the final written warning may be extended.

(3) Where a final written warning is extended under paragraph (2), that warning shall remain in force for a period of 18 months from the date on which it would otherwise expire.

(4) A final written warning may be extended on one occasion only.

(5) Where the person or persons conducting the special case hearing find that the conduct of the officer concerned does not amount to gross misconduct, they may—

(a) dismiss the case; or

(b) return the case to the appropriate authority to deal with in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the date of the assessment of conduct under regulation 12(1) or regulation 14A of the Complaints Regulations (as the case may be), at a misconduct hearing .

(6) Where the case is returned to the appropriate authority under paragraph (5)(b), the appropriate authority shall proceed in accordance with Part 4, subject to regulation 19(1) being read as if the following are omitted—

(a) the words “regulation 41 and”; and

(b) sub-paragraphs (a), (b) and (c).

(7) Except in the case of extending a final written warning, the disciplinary action shall have effect from the date on which it is notified to the officer concerned.

(8) Where the question of disciplinary action is being considered, the person or persons conducting the special case hearing—

(a) shall have regard to the record of police service of the officer concerned as shown on the personal file;

(b) may consider such documentary evidence as would, in their opinion, assist them in determining the question; and

(c) shall give—

(i) the officer concerned; and

(ii) the police friend or the relevant lawyer

an opportunity to make oral or written representations.