31

1

Subject to paragraphs (6) and (7) and regulation 32, a misconduct hearing shall be in public.

2

Subject to regulations 29 and 30 and the provisions of this regulation, a misconduct meeting shall be in private.

3

A person nominated by the Commission may, as an observer, attend a misconduct meeting which arises from a case to which—

a

paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (supervised, managed and independent investigations) applied; or

b

paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority) applied and in relation to which the Commission—

i

made a recommendation under paragraph 27(3) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted; or

ii

gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings).

4

Subject to any contrary decision by the person conducting or chairing a misconduct meeting, a witness other than a complainant, interested person or the officer concerned, shall only attend the misconduct meeting for the purpose of giving their evidence.

5

The person conducting or chairing a misconduct meeting may, at his discretion, permit a witness in the misconduct meeting to be accompanied at that meeting by one other person.

6

The person conducting or chairing the misconduct proceedings may—

a

in relation to the attendance at the proceedings of a person under regulation 30 or this regulation, exclude any person as he sees fit from the whole or a part of those proceedings; and

b

impose such conditions as he sees fit relating to the attendance under regulation 30 or this regulation of any person at the proceedings in order to facilitate the proper conduct of those proceedings.

7

Where a person is to give evidence as a witness at the misconduct proceedings, the witness (and any person accompanying the witness) shall not be allowed to attend the proceedings before giving evidence.