The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020

1. Introductory Text

2. 1. Citation and commencement

3. 2. General interpretation

4. 3. Conduct Regulations

5. 4. Performance Regulations

6. 5. Appeals Tribunals Regulations

7. 6. Revocations and transitional provisions

8. Signature

9. 1. SCHEDULE 1

      The Conduct Regulations

      1. PART 1 Preliminary matters

         1. 1. Regulation

         2. 2. Interpretation and delegation

         3. 3. Application

         4. 4. Standards of Professional Behaviour

         5. 5. The harm test

      2. PART 2 General

         1. 6. Police friend

         2. 7. Legal and other representation

         3. 8. Provision of notices or documents

         4. 9. Outstanding or possible criminal proceedings

         5. 10. Suspension

         6. 11. Record of disciplinary proceedings

      3. PART 3 Investigations

         1. 12. Application of this Part

         2. 13. Severity assessment

         3. 14. Appointment of investigator

         4. 15. Investigation

         5. 16. Written notices

         6. 17. Representations to the investigator

         7. 18. Timeliness of investigation

         8. 19. Interviews during investigation

         9. 20. Report of investigation

      4. PART 4 Misconduct proceedings

         1. 21. General

         2. 22. National security: power to give directions in relation to misconduct hearings

         3. 23. Referral of case to misconduct proceedings

         4. 24. Presenting of case by the Director General or the Ombudsman

         5. 25. Joint misconduct proceedings

         6. 26. Withdrawal of misconduct proceedings

         7. 27. Persons conducting misconduct proceedings

         8. 28. Role of chair of misconduct hearing

         9. 29. Notice of referral to misconduct proceedings

         10. 30. Procedure on receipt of notice

         11. 31. Witnesses and documents to be supplied

         12. 32. Misconduct pre-hearing

         13. 33. Timing of misconduct meeting

         14. 34. Notice of misconduct proceedings and panel

         15. 35. Public notification of misconduct hearings

         16. 36. Attendance of officer concerned at misconduct proceedings

         17. 37. Participation of the Director General, Ombudsman and investigator at misconduct proceedings

         18. 38. Reporting restrictions, participation and exclusions from proceedings

         19. 39. Attendance of complainant, interested persons and others at misconduct proceedings

         20. 40. Procedure at misconduct proceedings

         21. 41. Outcome of misconduct proceedings

         22. 42. Notification of outcome

         23. 43. Record of misconduct proceedings

         24. 44. Appeal from misconduct meeting: officers other than senior officers

         25. 45. Appeal meeting

         26. 46. Finding of the appeal

      5. PART 5 Accelerated Misconduct Hearings

         1. 47. General

         2. 48. National security: power to give directions in relation to accelerated misconduct hearings

         3. 49. Referral of case to accelerated misconduct hearing

         4. 50. Remission of case

         5. 51. Notice of referral to accelerated misconduct hearing

         6. 52. Notice of accelerated misconduct hearing

         7. 53. Public notification of accelerated misconduct hearing

         8. 54. Procedure on receipt of notice

         9. 55. Persons conducting accelerated misconduct hearing

         10. 56. Documents to be supplied

         11. 57. Attendance of officer concerned at accelerated misconduct hearing

         12. 58. Participation of Director General, Ombudsman and investigator at accelerated misconduct hearing

         13. 59. Reporting restrictions and participation at accelerated misconduct hearing

         14. 60. Notice to complainant and interested persons of accelerated misconduct hearing

         15. 61. Procedure at accelerated misconduct hearing

         16. 62. Outcome of accelerated misconduct hearing

         17. 63. Notification of outcome

         18. 64. Record of accelerated misconduct hearing

      6. PART 6 Reflective practice review process

         1. 65. Interpretation and application

         2. 66. General

         3. 67. Referral to reflective practice review process

         4. 68. Fact-finding stage

         5. 69. Discussion stage

         6. 70. Reflective review development report

         7. 71. Failure to engage with the reflective practice review process

   2. SCHEDULE 2

      Modifications to the Conduct Regulations in their application to former officers

      1. 1. Interpretation

      2. 2. Modification to regulation 2 (interpretation and delegation)

      3. 3. Modification: insertion of Part 1A

      4. 4. Modification to regulation 6 (police friend)

      5. 5. Modification to regulation 7 (legal and other representation)

      6. 6. Modification to regulation 8 (provision of notices or documents)

      7. 7. Modification: omission of regulation 10 (suspension)

      8. 8. Modification to regulation 11 (record of disciplinary proceedings)

      9. 9. Modification to regulation 13 (severity assessment)

      10. 10. Modification to regulation 14 (appointment of investigator)

      11. 11. Modification to regulation 15 (investigation)

      12. 12. Modification to regulation 16 (written notices)

      13. 13. Modification to regulation 19 (interviews during investigation)

      14. 14. Modification: insertion of regulation 19A

      15. 15. Modification to regulation 20 (report of investigation)

      16. 16. Modification to regulation 21 (general)

      17. 17. Modification to regulation 22 (national security: power to give directions in relation to misconduct hearings)

      18. 18. Modification to regulation 23 (referral of case to misconduct proceedings)

      19. 19. Modifications to regulation 24 (presenting of case by the Director General or the Ombudsman)

      20. 20. Modification to regulation 25 (joint misconduct proceedings)

      21. 21. Modification to regulation 26 (withdrawal of misconduct proceedings)

      22. 22. Modification to regulation 27 (persons conducting misconduct proceedings)

      23. 23. Modification to regulation 28 (role of chair of misconduct hearing)

      24. 24. Modification to regulation 29 (notice of referral to misconduct proceedings)

      25. 25. Modification to regulation 30 (procedure on receipt of notice)

      26. 26. Modification to regulation 31 (witnesses and documents to be supplied)

      27. 27. Modification to regulation 32 (misconduct pre-hearing)

      28. 28. Modification: omission of regulation 33 (timing of misconduct meeting)

      29. 29. Modification to regulation 34 (notice of misconduct proceedings and panel)

      30. 30. Modification to regulation 35 (public notification of misconduct hearings)

      31. 31. Modification to regulation 36 (attendance of officer concerned at misconduct proceedings)

      32. 32. Modification to regulation 37 (participation of the Director General, Ombudsman and investigator at misconduct proceedings)

      33. 33. Modification to regulation 38 (reporting restrictions, participation and exclusions from proceedings)

      34. 34. Modification to regulation 39 (attendance of complainant, interested persons and others at misconduct proceedings)

      35. 35. Modification to regulation 40 (procedure at misconduct proceedings)

      36. 36. Modification to regulation 41 (outcome of misconduct proceedings)

      37. 37. Modification to regulation 42 (notification of outcome)

      38. 38. Modification to regulation 43 (record of misconduct proceedings)

      39. 39. Modification: omission of regulations 44 to 46 (appeals)

      40. 40. Modification to regulation 47 (general)

      41. 41. Modification to regulation 49 (referral of case to accelerated misconduct hearing)

      42. 42. Modification to regulation 50 (remission of case)

      43. 43. Modification to regulation 51 (notice of referral to accelerated misconduct hearing)

      44. 44. Modification to regulation 52 (notice of accelerated misconduct hearing)

      45. 45. Modification to regulation 53 (public notification of accelerated misconduct hearing)

      46. 46. Modification to regulation 54 (procedure on receipt of notice)

      47. 47. Modification to regulation 55 (persons conducting accelerated misconduct hearing)

      48. 48. Modification to regulation 56 (documents to be supplied)

      49. 49. Modification to regulation 58 (participation of Director General, Ombudsman and investigator at accelerated misconduct hearing)

      50. 50. Modification to regulation 61 (procedure at accelerated misconduct hearing)

      51. 51. Modification to regulation 62 (outcome of accelerated misconduct hearing)

      52. 52. Modification to regulation 63 (notification of outcome)

      53. 53. Modification: omission of Part 6 (reflective practice review process)

   3. SCHEDULE 3

      Standards of Professional Behaviour

      1. 1. Honesty and Integrity

      2. 2. Authority, Respect and Courtesy

      3. 3. Equality and Diversity

      4. 4. Use of Force

      5. 5. Orders and Instructions

      6. 6. Duties and Responsibilities

      7. 7. Confidentiality

      8. 8. Fitness for Duty

      9. 9. Discreditable Conduct

      10. 10. Challenging and Reporting Improper Conduct

   4. SCHEDULE 4

      The Performance Regulations

      1. PART 1 Introduction

         1. 1. Regulations

         2. 2. Application

         3. 3. Interpretation and delegation

      2. PART 2 General

         1. 4. Police friend

         2. 5. Legal and other representation

         3. 6. Provision of notices or documents

         4. 7. Procedure at meetings under these Regulations

         5. 8. Nominated persons

         6. 9. Reference to certain periods

         7. 10. Suspension of certain periods

         8. 11. Meeting following investigation by the Director General

         9. 12. Provision of information to the Director General

         10. 13. Meeting following referral under the Conduct Regulations

      3. PART 3 First stage

         1. 14. Circumstances in which a first stage meeting may be required

         2. 15. Arrangement of first stage meeting

         3. 16. Procedure at first stage meeting

         4. 17. Procedure following first stage meeting

         5. 18. Appeal against the finding and outcome of a first stage meeting

         6. 19. Arrangement of first stage appeal meeting

         7. 20. Procedure at first stage appeal meeting

      4. PART 4 Second stage

         1. 21. Circumstances in which a second stage meeting may be required

         2. 22. Arrangement of second stage meeting

         3. 23. Circumstances in which a second stage meeting may be required without a first stage meeting

         4. 24. Procedure at second stage meeting

         5. 25. Procedure following second stage meeting

         6. 26. Appeal against the finding and outcome of a second stage meeting

         7. 27. Arrangement of second stage appeal meeting

         8. 28. Procedure at second stage appeal meeting

      5. PART 5 Third stage

         1. 29. Assessment following second stage meeting

         2. 30. Arrangement of a third stage meeting

         3. 31. Circumstances in which a third stage meeting may be required without a prior first or second stage meeting

         4. 32. Arrangement of a third stage meeting without a prior first or second stage meeting

         5. 33. Appointment of panel members

         6. 34. Right of officer concerned to object to panel members

         7. 35. Procedure on receipt of notice of third stage meeting

         8. 36. Witnesses

         9. 37. Timing and notice of third stage meeting

         10. 38. Postponement and adjournment of a third stage meeting

         11. 39. Participation of Director General and investigator at third stage meeting

         12. 40. Attendance of complainant or interested person at third stage meeting

         13. 41. Attendance of others at a third stage meeting

         14. 42. Exclusion from a third stage meeting

         15. 43. Procedure at a third stage meeting

         16. 44. Finding

         17. 45. Outcomes

         18. 46. Assessment of performance or attendance following third stage meeting where a written improvement notice has been issued

         19. 47. Assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended

         20. 48. Third stage meeting under regulation 47

   5. SCHEDULE 5

      The Appeals Tribunals Regulations

      1. 1. Regulations

      2. 2. Interpretation and general provision as to written notices or documents

      3. 3. Circumstances in which an MDP officer may appeal to a tribunal – Conduct Regulations

      4. 4. Circumstances in which an MDP officer may appeal to a tribunal – Performance Regulations

      5. 5. Circumstances in which a former MDP officer may appeal to a tribunal

      6. 6. Appointment and composition of police appeals tribunal

      7. 7. Notice of appeal

      8. 8. Notice of appeal out of time

      9. 9. The respondent

      10. 10. Presenting of case by Director General or Ombudsman

      11. 11. Procedure on notice of appeal

      12. 12. Extensions of time limits

      13. 13. Review of appeal

      14. 14. Determination of an appeal

      15. 15. National security: power to give directions in relation to appeals

      16. 16. Power to request disclosure of documents

      17. 17. Notice of the hearing

      18. 18. Legal and other representation

      19. 19. Procedure and oral evidence at hearing

      20. 20. Statements in lieu of oral evidence

      21. 21. Attendance at hearing

      22. 22. Attendance of complainant and interested person at hearing

      23. 23. Attendance of Director General and the Ombudsman at hearing

      24. 24. Exclusion from hearing

      25. 25. Statement of tribunal’s determination

10. Explanatory Note