PART VIIMISCONDUCT PROCEEDINGS
Procedures at hearing52
1
Subject to the provisions of these regulations, the panel conducting the hearing shall determine their own procedures.
2
The panel conducting the hearing shall review the facts of the case and decide whether or not the conduct of the designated person concerned met the appropriate standard.
3
The panel conducting the hearing shall not find that the conduct of the designated person concerned failed to meet the appropriate standard unless the conduct is—
a
admitted by the designated person concerned; or
b
proved by the presenting officer on the balance of probabilities, to have failed to meet that standard.
4
Where evidence is given that the designated person concerned, while subject to investigation—
a
after having been given in writing the caution set out in paragraph 1 of Schedule 2, 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 2, 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 2, failed or refused to account for his presence at a particular place,
the panel conducting the hearing may draw such inferences from the failure or refusal as appear proper.