The Ministry of Defence Police (Conduct etc.) Regulations 2015

Referral of case to misconduct proceedings

23.—(1) Subject to regulation 45 (referral of case to special case hearing) and paragraph (7), on receipt of—

(a) a written report which is made under regulation 22(2) (report of investigation), or

(b) an equivalent report made under external procedures,

the relevant authority must, as soon as practicable, determine whether the officer concerned has a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.

(2) All referrals to misconduct proceedings under this regulation are subject to regulation 13(3) (outstanding or possible criminal proceedings).

(3) Subject to regulation 45(3) and paragraph (7), in a case where the disciplinary proceedings have been delayed by virtue of regulation 13(3), as soon as practicable after the relevant authority considers that such proceedings would no longer prejudice any criminal proceedings, it must make a further determination as to whether the officer concerned has a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer.

(4) Where the relevant authority determines there is no case to answer, it may—

(a) take no further action against the officer concerned;

(b) take management action against the officer concerned; or

(c) refer the matter to be dealt with under the Performance Regulations.

(5) Where the relevant authority determines that there is a case to answer in respect of gross misconduct, it must refer the case to a misconduct hearing.

(6) Where the relevant authority determines that there is a case to answer in respect of misconduct—

(a) if the officer concerned had a final written warning in force at the assessment date, it must refer the case to a misconduct hearing;

(b) in all other cases, it may either—

(i) refer the case to a misconduct meeting; or

(ii) take management action against the officer concerned.

(7) Where the relevant authority—

(a) accepts a recommendation made under external procedures that proceedings should be brought at a misconduct meeting or a misconduct hearing, or

(b) is directed under such procedures to give effect to such a recommendation,

it must refer the case to such a meeting or hearing.

(8) If the relevant authority fails to—

(a) make the determination referred to in paragraph (1), and

(b) where appropriate, decide what action to take under paragraph (6),

before the end of 15 working days beginning with the first working day after receipt of the written report, it must notify the officer concerned in writing of the reason for this.

(9) Where under paragraph (6) the relevant authority determines to take management action, it must give the officer concerned written notice of this as soon as practicable.