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

Persons conducting accelerated misconduct hearing U.K.

55.—(1) Where the officer concerned is not a senior officer, the accelerated misconduct hearing must be conducted by the chief constable [F1 (but see regulation 2(4A))].

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where the officer concerned is a senior officer, the accelerated misconduct hearing must be conducted by a panel of persons [F3 constituted in accordance with paragraph (4)].

[F4 (4) The panel of persons must comprise—

(a) a chair, who must be—

(i) where the officer concerned is the chief constable, the Chief Inspector of Constabulary or an inspector of constabulary nominated by the Chief Inspector, appointed by the Secretary of State;

(ii) in every other case, a more senior officer than the officer concerned who is a member of a relevant force, appointed by the relevant authority;

(b) a person appointed in accordance with regulation 27(4)(b);

(c) a person appointed in accordance with regulation 27(4)(c).]

[F5 (5) A legally qualified person must be appointed by the Secretary of State as an adviser to the chair and the panel conducting an accelerated misconduct hearing, to be selected in accordance with regulation 27(5B).

(6) The legally qualified person appointed under paragraph (5) must provide advice to the chair and the panel conducting an accelerated misconduct hearing, on request by the chair, in respect of any legal or procedural matters relating to the accelerated misconduct hearing.

(7) The chair and the panel conducting an accelerated misconduct hearing must have regard to any advice provided by the legally qualified person under paragraph (6).

(8) Where the officer concerned in not a senior officer, paragraph (9) applies if—

(a) the chief constable—

(i) when their view was sought in respect of the case under paragraph 23(5A)(a)(i) or (iii) of Schedule 3 to the 2002 Act (action by the Director General in relation to an investigation report under paragraph 22), expressed a view on the matter that differed from the determination of the Director General under paragraph 23(5A)(b) of that Schedule, or

(ii) notified the Director General under paragraph 25(4D)(a) of Schedule 3 to the 2002 Act (reviews with respect to an investigation) that they did not accept a recommendation of the Director General under paragraph 25(4C)(c)(i) of that Schedule, or

(b) the chief constable has been directed by the Ombudsman under section 59(5) of the 1998 Act to bring misconduct proceedings.

(9) Where this paragraph applies, the Director General or Ombudsman, as the case may be, may, within 10 working days beginning with the day after the day on which—

(a) the determination or recommendation referred to in paragraph (8)(a)(i) or (ii) was made, or

(b) the direction referred to in paragraph (8)(b) was given,

make written representations to the chief constable as to whether they should delegate responsibility for chairing the misconduct hearing to a member of a relevant force.

(10) Where representations have been made under paragraph (9) the chief constable must—

(a) have regard to those representations, and

(b) within 10 working days beginning with the day on which the representations were received, determine whether or not to delegate responsibility for chairing the accelerated misconduct hearing to an MDP officer, a former officer, a staff member, or to a member of a relevant force.

(11) For the purpose of section 4(4) of the 1987 Act (power to prescribe “the panel” for the purpose of representation at proceedings), the panel of persons or the person specified by this regulation to conduct an accelerated misconduct hearing is prescribed as “the panel”.]

Textual Amendments

F1 Words in Sch. 1 reg. 55(1) inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(20)(a) (with reg. 4)

F2 Sch. 1 reg. 55(2) omitted (31.5.2024) by virtue of The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(20)(b) (with reg. 4)

F3 Words in Sch. 1 reg. 55(3) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(20)(c) (with reg. 4)

F4 Sch. 1 reg. 55(4) substituted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(20)(d) (with reg. 4)

F5 Sch. 1 reg. 55(5)-(11) inserted (31.5.2024) by The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2024 (S.I. 2024/603), regs. 1(1), 2(20)(e) (with reg. 4)

Commencement Information

I1 Sch. 1 reg. 55 in force at 2.11.2020, see reg. 1