The Police (Performance and Attendance) Regulations (Northern Ireland) 2016

Procedure at meetings under these Regulations

8.—(1) Where the member concerned does not attend a meeting under these Regulations or where the member concerned participates in a third stage meeting by video link or other means under regulation 34(7), he may nonetheless be represented at that meeting by his—

(a) police friend; or

(b) where the member is required to attend the third stage meeting under regulation 27 or 28, his counsel or a solicitor.

(2) Where the member concerned does not attend a meeting under these Regulations or participate in a third stage meeting by video link or other means under regulation 34(7), the meeting may be proceeded with and concluded in the absence of the member concerned whether or not he is so represented.

(3) During any meeting under these Regulations, the person representing the member concerned may—

(a) address the meeting 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 meeting;

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

(v) in the case of a third stage meeting only, subject to paragraph (7), ask questions of any witnesses;

(b) confer with the member concerned.

(4) Where 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.

(5) Where the member concerned is participating in a third stage meeting by video link or other means in accordance with regulation 34(7), the person representing the member or (if different) his police friend (or both) may also participate in the third stage meeting by such means together with the member concerned.

(6) The police friend, or counsel or solicitor of the member concerned may not answer any questions asked of the member concerned during a meeting.

(7) Whether any question should or should not be put to a witness at a third stage meeting shall be determined by the panel chair.

(8) At any meeting under these Regulations, the person or the panel conducting the meeting shall not make a finding of unsatisfactory performance or attendance or gross incompetence unless—

(a) he is or they are satisfied on the balance of probabilities that there has been unsatisfactory performance or attendance or gross incompetence; or

(b) the member concerned consents to such a finding.

(9) The person conducting or chairing a meeting under these Regulations may allow any document to be considered at that meeting notwithstanding that a copy of it has not been—

(a) supplied to him by the member concerned in accordance with regulation 13(6), 16(6)(b), 20(6), 23(6)(b) or 32(3);

(b) supplied to the member concerned in accordance with regulation 13(2), 20(2), 27(2) or 29(2); or

(c) made available to each panel member or given to the member concerned under regulation 30(11).