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The Police (Conduct) Regulations 2020

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This is the original version (as it was originally made).

Public notification of misconduct hearings

This section has no associated Explanatory Memorandum

36.—(1) The person chairing a misconduct hearing (“the chair”) may require the appropriate authority or, as the case may be, the originating authority, to give notice of the hearing which contains information relating to one or more of—

(a)the name of the officer concerned;

(b)the date of the hearing;

(c)the time of the hearing;

(d)the place at which the hearing will take place, and

(e)the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as the case may be, as set out in the notice given in accordance with regulation 30(1)(a).

(2) Where the chair requires notice to be given in accordance with paragraph (1), the appropriate authority or, as the case may be, the originating authority, must publish the notice on its website as soon as practicable after notice of the hearing is given under regulation 35(1).

(3) Any person to whom this paragraph applies may make written representations to the chair in relation to—

(a)whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 39(3)(a);

(b)whether the chair should impose any conditions under regulation 39(3)(b);

(c)whether the chair should give directions prohibiting the publication of any matter relating to the proceedings under regulation 39(3)(c);

(d)in the light of the representations made under sub-paragraphs (a) to (c)—

(i)whether the chair should require notice to be given under paragraph (1);

(ii)which types of information mentioned in paragraph (1)(a) to (e) should be included in any such notice.

(4) Paragraph (3) applies to—

(a)the officer concerned;

(b)the appropriate authority or, as the case may be, the originating authority;

(c)the complainant;

(d)any interested person;

(e)any witness, and

(f)the Director General.

(5) Written representations in relation to the matters specified in paragraph (3)(a) to (c) may also be made by any representative of the media to the chair.

(6) Any written representations made in accordance with paragraph (3) or (5), as the case may be, must be provided no later than the date specified by the chair for provision of such representations.

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