The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017

Insertion of regulation 40A

17.  After regulation 40, insert—

“Publication of information in relation to outcome

40A.— (1) The person (“the chair”) chairing a misconduct hearing, other than a further hearing under regulation 38(3)(b), may, having taken into account any representations made under regulation 30A or during the misconduct hearing, require the relevant authority to publish a notice containing information relating to one or more of the matters in paragraph (3), and the relevant authority must comply with any such requirement.

(2) In relation to a further hearing under regulation 38(3)(b), the relevant authority may, having taken into account any representations made under regulation 30A or during the further hearing, publish a notice during the notification period containing information relating to one or more of the matters in paragraph (3).

(3) The matters referred to in paragraphs (1) and (2) are—

(a) the name of the officer concerned;

(b) the conduct that was the subject matter of the case and how that conduct was alleged to amount to misconduct or gross misconduct, as set out in the notice given in accordance with regulation 25(1)(a);

(c) the finding as a result of the hearing or the further hearing;

(d) any disciplinary action imposed.

(4) A notice under paragraph (1) or (2) must be published on the relevant authority’s website during the notification period and, once published, it must remain there for a period of at least 28 days.

(5) In paragraph (4), “the notification period” is the period from the beginning of the 7th working day after the date on which the misconduct hearing or the further hearing under regulation 38(3)(b) concluded, until the end of the 12th working day after that date.”.