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

Legal and other representation U.K.

7.—(1) Subject to paragraph (2), the officer concerned has the right to be legally represented, by a relevant lawyer of the officer’s choice (the “preferred lawyer”), at a misconduct hearing or an accelerated misconduct hearing.

(2) The unavailability of one or more preferred lawyers is not a valid ground for delaying a misconduct hearing or an accelerated misconduct hearing where an alternative relevant lawyer can be found.

(3) If the officer concerned chooses not to be legally represented at a misconduct hearing or an accelerated misconduct hearing the officer may be dismissed or receive any other outcome under regulation 41 or 62 without being so represented.

(4) Except in a case where the officer concerned has the right to be legally represented and chooses to be so represented, the officer may only be represented at misconduct proceedings, an accelerated misconduct hearing or an appeal meeting by a police friend.

(5) The relevant authority may be represented at misconduct proceedings or an accelerated misconduct hearing or an appeal meeting by—

(a) an MDP officer or a staff member, or

(b) at a misconduct hearing or an accelerated misconduct hearing only, a relevant lawyer (whether or not the officer concerned chooses to be legally represented).

(6) Subject to paragraph (7), the relevant authority may appoint a person to advise the person conducting or chairing [F1 a misconduct meeting or an] appeal meeting.

(7) [F2 The] person appointed under paragraph (6) must not be a relevant lawyer.

(8) The circumstances in which the Independent Office for Police Conduct or the Ombudsman, as the case may be, is a relevant authority for the purpose of section 4(5) of the 1987 Act (representation etc. at disciplinary proceedings)(1) are prescribed as being where—

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

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

(9) Where the circumstances prescribed in paragraph (8) apply, the Director General or the Ombudsman, as the case may be, may be represented by a relevant lawyer.

Textual Amendments

F1 Words in Sch. 1 reg. 7(6) 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(3)(a) (with reg. 4)

F2 Word in Sch. 1 reg. 7(7) 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(3)(b) (with reg. 4)

Commencement Information

I1 Sch. 1 reg. 7 in force at 2.11.2020, see reg. 1

(1)

Section 4 was substituted by paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (c. 4), and amended by paragraph 63 of Schedule 9 to the Policing and Crime Act 2017 (c. 3).