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

Notice of referral to accelerated misconduct hearing

51.—(1) Where a case is certified, whether under regulation 49(4) or under external procedures, as one where the special conditions are satisfied and referred to an accelerated misconduct hearing, the relevant authority must as soon as practicable give the officer concerned written notice of these matters and must supply the officer with a copy of—

(a) the certificate issued under regulation 49(4) or under external procedures,

(b) any statement the officer may have made to the investigator during the course of the investigation, and

(c) subject to the harm test—

(i) the investigator’s report or such parts of that report as relate to the officer (together with any document attached to or referred to in that report as relates to the officer), and

(ii) any other document which might reasonably be considered capable of undermining or assisting the case.

(2) The notice given under paragraph (1) must—

(a) describe the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, and

(b) where relevant, specify that—

(i) the Director General has made a decision under regulation 24(1) to present the case, or

(ii) the Ombudsman is required under regulation 24(6) to present the case.

(3) Where paragraph (2)(b) applies, the relevant authority must—

(a) consult the Director General or the Ombudsman, as appropriate, about the contents of the written notice to be given under paragraph (1) and on the application of the harm test under paragraph (1)(c),

(b) comply with any direction given by the Director General or the Ombudsman, as appropriate, in relation to the matters specified in paragraph (a), and

(c) provide the Director General or the Ombudsman, as appropriate, with a copy of the written notice given under paragraph (1).