The Police (Conduct) Regulations 2004

Legal representation

17.—(1) If a supervising officer is of the opinion that the hearing should have available the sanctions of dismissal, requirement to resign or reduction in rank, he shall cause the officer concerned to be given notice in writing, at the same time as he is given notice of the decision to refer the case to a hearing under regulation 14, of the opportunity to elect to be legally represented at the hearing and of the effect of section 84(1) to (3) of the 1996 Act or of paragraphs (3) to (5) of this regulation, as appropriate.

(2) If an appropriate authority is of the opinion that the sanctions of dismissal or requirement to resign should be available, it shall cause the senior officer concerned to be given notice in writing, at the same time as he is given notice of the decision to refer the case to a hearing under regulation 14, of the opportunity to elect to be legally represented at the hearing.

(3) A special constable or a member of the National Crime Squad of the rank of chief superintendent or below may not be dismissed, required to resign or reduced in rank by a decision taken in proceedings under these regulations unless he has been given an opportunity to elect to be legally represented at any hearing held in the course of those proceedings.

(4) Where a special constable or member of the National Crime Squad makes an election to which paragraph (3) refers, he may be represented at the hearing, at his option, either by counsel or by a solicitor.

(5) Except in a case where a special constable or member of the National Crime Squad of the rank of chief superintendent or below has been given an opportunity to elect to be legally represented and has so elected, he may be represented at the hearing only by another police officer.