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

Attendance of others at misconduct proceedings

35.—(1) Subject to the attendance of —

(a) any nominated person (regulation 33(7)),

(b) any person entitled to attend under regulation 34, and

(c) any person entitled to attend under this regulation,

the misconduct proceedings shall be in private.

(2) A person nominated by the Commission or the Ombudsman (as appropriate) may, as an observer, attend misconduct proceedings which arise from a case which has been investigated under external procedures.

(3) Unless expressly authorised by the person conducting or chairing the misconduct proceedings, a witness other than a complainant, interested person or the officer concerned may only attend the misconduct proceedings for the purpose of giving their evidence.

(4) The person conducting or chairing the misconduct proceedings may permit a witness in the misconduct proceedings to be accompanied at those proceedings by one other person.

(5) This paragraph applies where—

(a) a case has been investigated under external procedures established with the Commission;

(b) the Commission has itself investigated the case;

(c) the case has been referred to a misconduct hearing;

(d) the Commission considers that because of the gravity of the case or other exceptional circumstances it would be in the public interest for all or part of the misconduct hearing be held in public; and

(e) the Commission has consulted with—

(i) the relevant authority;

(ii) the officer concerned;

(iii) the complainant or interested person; and

(iv) any witnesses.

(6) Where paragraph (5) applies, the Commission may direct that the whole or part of the misconduct hearing be held in public.

(7) Where the Commission makes a direction under paragraph (6), it must as soon as reasonably practicable, and in any event no later than 5 working days beginning with the first working day after the decision was taken, notify the persons consulted under paragraph (5)(e) of the decision and the reasons for it.

(8) Subject to regulation 36 (exclusion from a third stage hearing), the persons conducting the misconduct hearing must comply with a direction given under paragraph (6).

(9) The person conducting or chairing the misconduct proceedings may impose such conditions as they see fit relating to the attendance under regulation 34 (attendance of complainant or interested person) or this regulation of persons at the misconduct proceedings (including circumstances in which they may be excluded) in order to facilitate the proper conduct of the proceedings.