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

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This is the original version (as it was originally made).

Public notification of accelerated misconduct hearing

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53.—(1) The person conducting or chairing an accelerated misconduct hearing may require the relevant authority to give notice of the hearing which contains information relating to one or more of—

(a)the name of the officer concerned,

(b)the date of the hearing,

(c)the time of the hearing,

(d)the place at which the hearing will take place, and

(e)the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, as set out in the notice given in accordance with regulation 51(2).

(2) Where the person conducting or chairing the accelerated misconduct hearing requires notice to be given in accordance with paragraph (1), the relevant authority must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 52(1).

(3) Any person to whom this paragraph applies may make written representations to the person conducting or chairing the accelerated misconduct hearing in relation to—

(a)whether, and (if so) the extent to which, the person conducting or chairing the accelerated misconduct hearing should exclude any person from the whole or part of the hearing under regulation 59(2)(a),

(b)whether the person conducting or chairing the accelerated misconduct hearing should impose any conditions under regulation 59(2)(b),

(c)whether the person conducting or chairing the accelerated misconduct hearing should give directions prohibiting the publication of any matter relating to the proceedings under regulation 59(2)(c),

(d)in the light of the representations made under sub-paragraphs (a) to (c)—

(i)whether the person conducting or chairing the accelerated misconduct hearing should require notice to be given under paragraph (1),

(ii)which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice.

(4) Paragraph (3) applies to—

(a)the officer concerned,

(b)the relevant authority,

(c)the complainant,

(d)any interested person,

(e)the Director General, and

(f)the Ombudsman.

(5) Written representations, in relation to the matters specified in paragraph (3)(a) to (c), may also be made by any representative of the media to the person conducting or chairing the accelerated misconduct hearing.

(6) Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the person conducting or chairing the accelerated misconduct hearing for provision of such representations.

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