PART 4Misconduct Proceedings

Senior officers: meeting of MOD Police Committee to consider disciplinary action38

1

Where the officer concerned is a senior officer, the persons conducting the misconduct proceedings must, as soon as reasonably practicable after the meeting or hearing, submit a report to the MOD Police Committee setting out—

a

the finding of the persons conducting the proceedings (regulation 37(12));

b

the reasons for that finding;

c

if that finding was that the conduct of the officer concerned amounted to misconduct or gross misconduct, a recommendation as to any disciplinary action which in their opinion should be imposed; and

d

any other matter arising out of the proceedings which they desire to bring to the notice of the relevant authority.

2

Where a report is submitted under paragraph (1), the persons conducting the misconduct proceedings must send a copy to—

a

the officer concerned; and

b

if the Commission or the Ombudsman was entitled to attend to make representations (regulation 33(1) or (2)), to the Commission or the Ombudsman.

3

On receiving a report under paragraph (1), the MOD Police Committee must meet for the purpose of considering what disciplinary action (if any) should be imposed.

4

The provisions of these Regulations specified in paragraph (6) apply, with the modifications specified in paragraph (7), to a meeting held under paragraph (3) as if it were a misconduct hearing.

5

The MOD Police Committee may appoint a person (who may be a relevant lawyer) to advise it at the meeting.

6

The provisions are—

a

regulation 10 (police friend and legal representation);

b

regulation 12 (provision of notices or documents);

c

regulation 13 (outstanding or possible criminal proceedings);

d

regulation 26(5) and (6) (procedure on receipt of notice);

e

regulation 27 (witnesses);

f

regulation 28 (timing and notice of misconduct proceedings);

g

regulation 32 (attendance of officer concerned at misconduct proceedings);

h

regulation 33 (participation of Commission or Ombudsman and investigator at misconduct proceedings);

i

regulation 34 (attendance of complainant or interested person at misconduct proceedings);

j

regulation 35 (attendance of others at misconduct proceedings);

k

regulation 36 (exclusion from misconduct proceedings);

l

regulation 37(1) to (11) (procedure at misconduct proceedings); and

m

regulation 41 (record of misconduct proceedings).

7

The modifications are that—

a

each reference to the person conducting or chairing the misconduct proceedings has effect as a reference to the Chair of the MOD Police Committee;

b

in regulation 26(5), the reference to the date on which the officer concerned has complied with paragraph (3) has effect as a reference to the date on which the report is submitted under paragraph (1) of this regulation; and

c

in regulation 28—

i

the reference in paragraph (1) to the first working day after the documents have been supplied to the officer concerned has effect as a reference to the first working day after the report is submitted under paragraph (1) of this regulation;

ii

the references in paragraph (3) to the relevant authority are omitted.