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Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000

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Procedure at hearing

15.—(1) The hearing shall be in private.

(2) The case shall be presented—

(a)by the independent solicitor mentioned in regulation 11(2); or

(b)by some other independent solicitor.

(3) In paragraph (2)(b) “independent solicitor” has the same meaning as in regulation 11.

(4) The senior officer concerned may conduct his case either in person or by a representative.

(5) Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.

(6) A verbatim record of the proceedings before the tribunal shall be taken and the transcript of the record shall be made and sent to the Police Authority, and, if a sanction is imposed by the Police Authority and the senior officer concerned so requests within the time limit for any appeal and after he has lodged notice of appeal in accordance with regulation 5 of the Royal Ulster Constabulary (Appeals) Regulations 2000, a copy of the transcript shall be supplied to him.

(7) Where evidence is given that the accused, while subject to investigation—

(a)after having been given in writing the caution set out in paragraph 1, of Schedule 1 failed to mention any fact relied on in his defence at the hearing, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention during the investigation, or

(b)after having been given in writing the caution set out in paragraph 2, of Schedule 1 failed or refused to account for any object, substance or mark, or

(c)after having been given in writing the caution set out in paragraph 3, of Schedule 1 failed or refused to account for his presence at a particular place;

the tribunal may draw such inferences from the failure or refusal as appear proper.

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