The Ministry of Defence Police (Conduct) Regulations 2004

1.  For regulations 11 and 12 there is substituted—

“Return of case to supervising officer

11.— (1) At any time after a case has been referred to a hearing but before the beginning of the hearing, the appropriate officer may direct that the case be returned to the supervising officer.

(2) Where a case is so returned, the supervising officer must deal with it in the way he would have done if he had not formed the opinion that the case was one in respect of which the conditions specified in regulation 38(2) and (3) were likely to be met.

Notice of decision to refer case to a hearing

12.— (1) Where it is decided to refer a case to a hearing, the supervising officer must ensure that, as soon as is reasonably practicable, the member concerned is invited to an interview with the appropriate officer at which he is given written notice of that decision and is supplied with copies of—

(a) that decision,

(b) a notice in writing that he may elect to be legally represented at the hearing and of the effect of section 4(1) to (3) of the Ministry of Defence Police Act 1987 (representation at disciplinary hearings),

(c) the certificate issued under regulation 10(5)(a),

(d) any statement he has made to the investigating officer or the appropriate officer, and

(e) any relevant statement, document or other material obtained during the course of the investigation.

(2) The notice of the decision to refer the case to a hearing must specify—

(a) the conduct of the member concerned which it is alleged failed to meet the appropriate standard,

(b) the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.

(3) Where the member concerned fails or is unable to attend the interview referred to in paragraph (1), the notice and copy documents referred to in that paragraph must be—

(a) delivered to the member concerned personally, or

(b) left with some person at, or sent by recorded delivery to, the address at which he is residing.

(4) In this regulation any reference to a copy of a statement is to be construed in any case where the statement was not made in writing as a reference to a copy of an account of it.”.