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The Police (Conduct) Regulations (Northern Ireland) 2016

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Attendance of complainant or interested person at misconduct hearing

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32.—(1) This regulation shall apply in the case of a misconduct hearing.

(2) The appropriate authority shall cause notice to be given to the complainant or any interested person of the date, time and place of the misconduct hearing.

(3) Subject to the provisions of this regulation, regulation 34 and any conditions imposed under regulation 33(4), the complainant or any interested person may attend the misconduct hearing as an observer up to but not including the point at which the person chairing the hearing considers the question of disciplinary action.

(4) Subject to paragraph (5), regulation 34 and any conditions imposed under regulation 33(4), a complainant or interested person may be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.

(5) Where a complainant or interested person, or any person accompanying him, is to give evidence as a witness at the misconduct hearing, he and any person allowed to accompany him shall not be allowed to attend the hearing before he gives his evidence.

(6) Where the member concerned objects to the complainant or interested person, or any person accompanying him, being present while a submission is made in mitigation on the member’s behalf, the person chairing the misconduct hearing may require the complainant or interested person, or any person accompanying him, to withdraw while the submission is made.

(7) The person chairing the misconduct hearing may, at his discretion, put any questions to the member concerned that the complainant or interested person may request be put to him.

(8) For the purposes of this regulation, a person has a special need if, in the opinion of the person chairing the misconduct hearing, he has a disability or learning difficulty, or does not have sufficient knowledge of English, to fully participate in or understand the misconduct hearing.

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