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

Outcome of special case hearing

59.—(1) Where the person or persons conducting a special case hearing in the case of an officer other than a senior officer find that the conduct of that officer amounts to gross misconduct, they must impose disciplinary action, which may be—

(a) subject to paragraphs (3) and (4), a final written warning;

(b) extension of a final written warning in accordance with paragraph (3); or

(c) dismissal without notice.

(2) At a further hearing for a senior officer, if the report submitted under regulation 58(1) contained a finding that the conduct of the officer amounts to gross misconduct, the MOD Police Committee must impose disciplinary action, which may be—

(a) subject to paragraphs (3) and (4), a final written warning;

(b) extension of a final written warning in accordance with paragraph (3); or

(c) dismissal without notice.

(3) Where, on the assessment date, the officer concerned had a final written warning in force—

(a) a final written warning shall not be given; but

(b) subject to paragraph (5), in exceptional circumstances, the final written warning may be extended.

(4) Where a final written warning is extended under paragraph (3), that warning remains in force for a period of 18 months from the date on which it would otherwise expire.

(5) A final written warning may be extended on one occasion only.

(6) Where the person or persons conducting the special case hearing in the case of an officer other than a senior officer find that the conduct of the officer concerned does not amount to gross misconduct, they may—

(a) dismiss the case; or

(b) return the case to the relevant authority to deal with in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the assessment date, at a misconduct hearing.

(7) At a further hearing for a senior officer, if the report under regulation 58(1) contained a finding that the conduct of the officer concerned does not amount to gross misconduct, the MOD Police Committee may—

(a) dismiss the case; or

(b) deal with the case in accordance with Part 4 at a misconduct meeting or, if the officer concerned had a final written warning in force at the assessment date, at a misconduct hearing.

(8) Where the case is returned to the relevant authority under paragraph (6)(b) or dealt with by the MOD Police Committee under paragraph (7)(b), the relevant authority must proceed in accordance with Part 4, subject to regulation 23(1) being read as if the following are omitted—

(a) the words “regulation 45 (referral of case to special hearing) and” and “on receipt of”; and

(b) sub-paragraphs (a), (b) and (c).

(9) Except in the case of extending a final written warning, the disciplinary action has effect from the date on which it is notified to the officer concerned.

(10) Where the question of disciplinary action is being considered, the person or persons considering it—

(a) must have regard to the record of police service of the officer concerned as shown on the officer’s personal record;

(b) may consider such documentary evidence as would, in their opinion, assist them in determining the question; and

(c) must give—

(i) the officer concerned, and

(ii) the officer’s police friend or the relevant lawyer,

an opportunity to make oral or written representations.