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The Police (Conduct) Regulations (Northern Ireland) 2016

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Procedure at misconduct proceedings

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35.—(1) Subject to these Regulations, the person conducting or chairing the misconduct proceedings shall determine the procedure at those proceedings.

(2) The misconduct proceedings shall not proceed unless the member concerned has been notified of the effect of regulation 7(1) to (3) in relation to the form of misconduct proceedings taking place.

(3) Subject to paragraph (4), the person conducting or chairing the misconduct proceedings may from time to time adjourn the proceedings if it appears to him to be necessary or expedient to do so.

(4) The misconduct proceedings shall not, except in exceptional circumstances, be adjourned solely to allow the complainant or any witness or interested person to attend.

(5) The person representing the member concerned may—

(a)address the proceedings in order to do any or all of the following—

(i)put the case of the member concerned;

(ii)sum up that case;

(iii)respond on behalf of the member concerned to any view expressed at the proceedings;

(iv)make representations concerning any aspect of proceedings under these Regulations; and

(v)subject to paragraph (8), ask questions of any witnesses; and

(b)confer with the member concerned.

(6) Where (at a misconduct hearing) the person representing the member concerned is counsel or a solicitor, the police friend of the member concerned may also confer with the member concerned.

(7) The police friend or the counsel or solicitor of the member concerned may not answer any questions asked of the member concerned during the misconduct proceedings.

(8) Whether any question should or should not be put to a witness shall be determined by the person conducting or chairing the misconduct proceedings.

(9) The person conducting or chairing the misconduct proceedings may allow any document to be considered at those proceedings notwithstanding that a copy of it has not been supplied—

(a)by the member concerned to the appropriate authority in accordance with regulation 24(3); or

(b)to the member concerned in accordance with regulation 23(1).

(10) Where evidence is given or considered at the misconduct proceedings that the member concerned—

(a)on being questioned by an investigator at any time after he was given written notice under regulation 16(1) or 17(1); or

(b)in submitting any information or by not submitting any information at all under regulation 18(1) or 24(2) or (3) (or, where paragraph (11) applies, regulation 46),

failed to mention any fact relied on in his case at the misconduct proceedings, being a fact which in the circumstances existing at the time, the member concerned could reasonably have been expected to mention when so questioned or when providing such information, paragraph (12) applies.

(11) This paragraph applies where the appropriate authority has directed, in accordance with regulation 43(1), that the case be dealt with under this Part.

(12) Where this paragraph applies, the person or persons conducting the misconduct proceedings may draw such inferences from the failure as appear proper.

(13) The person or persons conducting the misconduct proceedings shall review the facts of the case and decide whether the conduct of the member concerned amounts—

(a)in the case of a misconduct meeting, to misconduct or not; or

(b)in the case of a misconduct hearing, to misconduct, gross misconduct or neither.

(14) The person or persons conducting the misconduct proceedings shall not find that the conduct of the member concerned amounts to misconduct or gross misconduct unless—

(a)he is or they are satisfied on the balance of probabilities that this is the case; or

(b)the member concerned admits it is the case.

(15) At misconduct proceedings conducted by a panel, any decision shall be based on a majority but shall not indicate whether it was taken unanimously or by a majority.

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