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

Notification of outcome

63.—(1) The person conducting or chairing the accelerated misconduct hearing must, before the end of a period of 5 working days beginning with the first working day after the completion of the accelerated misconduct hearing, submit a report to the relevant authority, setting out—

(a) the finding of the person or panel conducting the accelerated misconduct hearing;

(b) the reasons for that finding;

(c) any disciplinary action imposed.

(2) A report under this regulation must include notice of the right of appeal under the Appeals Tribunals Regulations.

(3) The relevant authority must, as soon as practicable after receiving the report under paragraph (1), notify the officer concerned of the outcome by sending the officer a copy of that report.

(4) The relevant authority must send a copy of any report under this regulation to—

(a) the Director General or the Ombudsman, in any case where the Director General or the Ombudsman—

(i) presented the case, or

(ii) was entitled to attend to make representations under regulation 58(1), and

(b) the complainant and any interested person, in any case to which regulation 60 (accelerated misconduct hearing arising from the investigation of a conduct matter or complaint under external procedures) applies.

(5) Subject to the harm test and paragraph (9), the person conducting or chairing the accelerated misconduct hearing must require the relevant authority to publish the report submitted under paragraph (1).

(6) Where the relevant authority is required to publish the report in accordance with paragraph (5), it must do so as soon as practicable after the officer concerned is notified of the outcome of the accelerated misconduct hearing under paragraph (3).

(7) Where the relevant authority publishes a report in accordance with paragraph (5), it must publish the notice on its website for a period of not less than 28 days.

(8) Prior to publication of a report under paragraph (5) the relevant authority may, subject to paragraph (11), redact the document—

(a) in so far as the authority considers redaction is—

(i) necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings,

(ii) necessary in the interests of national security,

(iii) necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders,

(iv) necessary for the purpose of the prevention or detection of misconduct by other MDP officers or their apprehension for such matters,

(v) necessary and proportionate for the protection of the welfare and safety of any informant or witness, or

(vi) otherwise in the public interest, and

(b) in line with any restrictions imposed on the disclosure of information during the course of the proceedings.

(9) The person conducting or chairing the accelerated misconduct hearing may dispense with the requirement under paragraph (5) to publish the report if in the particular circumstances of the case the person considers it is appropriate to do so on any of the grounds set out in paragraph (8)(a) or (b).

(10) In making a decision under paragraph (9), the person conducting or chairing the accelerated misconduct hearing may have regard to any representations—

(a) provided under regulation 53(3) or (5), or

(b) made at the accelerated misconduct hearing.

(11) Information that has already been published during the course of the proceedings may not be redacted under paragraph (8).