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.