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

Arrangement of a third stage meeting without a prior first or second stage meeting

32.—(1) Where the relevant authority has informed the officer concerned under regulation 31(2) that the officer is required to attend a third stage meeting, the relevant authority must as soon as reasonably practicable give the officer a written notice—

(a) referring to the requirement that the officer attend a third stage meeting with a panel appointed by the relevant authority,

(b) informing the officer of the procedures for determining the date and time of the meeting under regulation 37,

(c) summarising the reasons why the officer’s performance is considered to constitute gross incompetence,

(d) informing the officer of the possible outcomes of the meeting,

(e) informing the officer that a human resources professional and an MDP officer may attend the meeting to advise the panel on the proceedings,

(f) informing the officer that a relevant lawyer may attend the meeting to advise the panel on the proceedings and on any question of law that may arise at the meeting,

(g) in a case to which regulation 39 applies, informing the officer that the Director General may attend the meeting to make representations,

(h) in a case to which regulation 40 applies, informing the officer that the complainant or any interested person may attend the meeting as an observer,

(i) in a case to which regulation 41(5) applies, informing the officer that a person nominated by the Director General may attend the meeting as an observer,

(j) informing the officer that, if the officer consents, any other person specified in the notice may attend the meeting,

(k) in a case to which regulation 41(9) applies, informing the officer that the Director General may direct that the whole or part of the meeting be in public,

(l) informing the officer that the officer may seek advice from a representative of the staff association,

(m) informing the officer of the effect of regulation 5, and

(n) informing the officer that the officer may be accompanied at the meeting by a police friend.

(2) Subject to the harm test under these Regulations (see regulation 3(4)), the notice must be accompanied by a copy of—

(a) any document relied on by the relevant authority when it formed the view referred to in sub-paragraph (a) of regulation 31(1), in a case where regulation 31 applies by virtue of that sub-paragraph, or

(b) in a case investigated under eternal procedures established for England and Wales—

(i) the investigator’s report under paragraph 22 or 24A(1) of Schedule 3 to the 2002 Act (reports of final investigations) and the determination of the Director General under paragraph 23(5A)(b) (duties of Director General on receipt or completion of report on investigation), or

(ii) in a case where regulation 32 applies by virtue of paragraph (1)(b), (c) or (d), the recommendation made under paragraph 25(4C)(c) (reviews with respect to an investigation), paragraph 27(3A) (recommendation of Director General to appropriate authority), or paragraph 25(4E)(c) (reviews with respect to an investigation), of that Schedule.

(1)

Paragraph 24A was inserted by paragraph 24 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), and amended by paragraph 45 of Schedule 5, and 56 of Schedule 9, to the Policing and Crime Act 2017. There are other amendments to this provision which are not relevant to this instrument.