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

Modification to regulation 62 (outcome of accelerated misconduct hearing)

51.  The Conduct Regulations are to be read as if for regulation 62, there were substituted—

“Outcome of accelerated misconduct hearing

62.— (1) Subject to the provisions of this regulation, the person or panel conducting the accelerated misconduct hearing may—

(a) where the person or panel finds the conduct amounts to gross misconduct, impose disciplinary action for gross misconduct, or

(b) where the person or panel finds the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action.

(2) Where the question of disciplinary action for gross misconduct is being considered, the person or panel considering it—

(a) must have regard to the record of service of the officer concerned as shown on the officer’s personal record,

(b) may consider such documentary evidence as would, in their opinion, assist them in determining the question,

(c) must give—

(i) the officer concerned,

(ii) if the officer concerned is legally represented, the officer’s relevant lawyer or, if the officer is not legally represented, the officer’s police friend,

(iii) the relevant authority or the person appointed to represent such authority in accordance with regulation 7(5), and

(iv) the Director General or the Director General’s relevant lawyer, where the Director General made a decision under regulation 24(1) to present the case,

an opportunity to make oral or written representations, and

(d) where representations are received in relation to mitigating circumstances—

(i) must consider whether those circumstances have been mentioned at an earlier stage in the proceedings and, if they have not been so mentioned, whether the officer concerned could reasonably have been expected to so mention them, and

(ii) in the light of their conclusions under paragraph (i), may determine that it is appropriate to place less weight on those circumstances.”.