The Ministry of Defence Police (Conduct etc.) Regulations 2015

Procedure at special case hearing

57.—(1) Subject to these Regulations, the person conducting or chairing a special case hearing may determine the procedure at that hearing.

(2) A special case hearing may not proceed unless the officer concerned has been notified of the effect of regulation 10 (police friend and legal representation).

(3) Subject to paragraph (4), the person conducting or chairing a special case hearing may from time to time adjourn the hearing if it appears to be necessary or expedient to do so.

(4) A special case hearing may not, except in exceptional circumstances, be adjourned solely to allow the complainant or any interested person to attend.

(5) No witnesses other than the officer concerned may give evidence at a special case hearing.

(6) The person representing the officer concerned may—

(a) address the hearing in order to do any or all of the following—

(i) put the case of the officer concerned;

(ii) sum up that case;

(iii) respond on behalf of the officer concerned to any view expressed at the proceedings; and

(iv) make representations concerning any aspect of the proceedings; and

(b) confer with the officer concerned.

(7) Where the person representing the officer concerned is a relevant lawyer, the police friend of the officer concerned may also confer with the officer concerned.

(8) The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer concerned during the special case hearing.

(9) This paragraph applies where evidence is given at the special case hearing that the officer concerned—

(a) was given written notice to attend an interview with an investigator (whether under regulation 21(5) or any equivalent notice given under external procedures) but failed to attend that interview;

(b) on being questioned by an investigator at any time after the officer was given written notice of investigation (whether under regulation 19(1) or any equivalent notice given under external procedures) failed to mention any fact relied on at the misconduct proceedings, being a fact which in the circumstances existing at the time, the officer concerned could reasonably have been expected to mention when so questioned; or

(c) in submitting any information or by not submitting any information at all under—

(i) regulation 20(1) (representations to the investigator),

(ii) regulation 49 (procedure on receipt of notice of special hearing),

(iii) any equivalent opportunities to submit information under external procedures,

failed to mention any fact relied on at the special case hearing, being a fact which in the circumstances existing at the time, the officer concerned could reasonably have been expected to mention when providing such information.

(10) Where paragraph (9) applies, the person or persons conducting the special case hearing may draw such inferences from the failure as appear proper.

(11) The person or persons conducting the special case hearing must review the facts of the case and decide whether or not the conduct of the officer concerned amounts to gross misconduct.

(12) The person or persons conducting the special case hearing must not find that the conduct of the officer concerned amounts to gross misconduct unless—

(a) they are satisfied on the balance of probabilities that this is the case; or

(b) the officer concerned admits it is the case.

(13) At a special case hearing conducted by a panel, the decision of the panel may be based on a majority (with the chair having the casting vote if necessary).