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

Participation of Commission or Ombudsman and investigator at misconduct proceedings

33.—(1) The Commission may attend the misconduct proceedings to make representations in any case where under external procedures—

(a) the Commission has managed the investigation or itself carried out the investigation; or

(b) the Commission has instructed the relevant authority to carry out the investigation on its own behalf or under the supervision of the Commission, and the Commission—

(i) recommended that misconduct proceedings should be brought; or

(ii) directed that the relevant authority must give effect to such a recommendation.

(2) The Ombudsman may attend the misconduct proceedings to make representations in any case where under external procedures—

(a) the case was investigated by the Ombudsman or on the Ombudsman’s behalf; or

(b) the Ombudsman—

(i) recommended that misconduct proceedings should be brought; or

(ii) directed that the relevant authority must give effect to such a recommendation.

(3) Where the Commission or Ombudsman intends to attend the misconduct proceedings—

(a) it must notify—

(i) the complainant or any interested person, and

(ii) the person conducting or chairing the misconduct proceedings,

prior to those proceedings; and

(b) the person conducting or chairing the misconduct proceedings must notify the officer concerned prior to the proceedings.

(4) Where the Commission or Ombudsman attends a misconduct hearing, it may instruct a relevant lawyer to represent it.

(5) The investigator or any nominated person must attend the misconduct proceedings on the request of the person conducting or chairing those proceedings to answer questions.

(6) Where more than one allegation is considered in the same misconduct proceedings (regulation 9(2)), this regulation applies to the whole of the proceedings and accordingly the Commission or Ombudsman may make representations in respect of any allegation.

(7) In this regulation, “nominated person” means a person who, in the opinion of—

(a) the relevant authority, or

(b) in a case where under external procedures the Commission managed the investigation or itself carried out the investigation, the Commission, or

(c) in a case where under external procedures the Ombudsman investigated the case, the Ombudsman,

has sufficient knowledge of the investigation of the case to be able to assist the person or persons conducting the misconduct proceedings.