The Police (Performance) Regulations 2020

Procedure at meetings under these Regulations E+W

8.—(1) Where the officer concerned participates in a third stage meeting by video link or other means under regulation 38(9) or otherwise does not attend a meeting under these Regulations, the officer may nevertheless be represented at that meeting by–

(a) a police friend, or

(b) where the officer was required to attend the third stage meeting under regulation 32, the officer’s relevant lawyer.

(2) Where the officer concerned does not participate in a third stage meeting by video link or other means under regulation 38(9) or otherwise does not attend a meeting under these Regulations, the meeting may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented.

(3) During any meeting under these Regulations, the person representing the officer concerned may—

(a) address the meeting in order to do any or all of the following–

(i) put the case of the officer;

(ii) sum up that case;

(iii) respond on behalf of the officer to any view expressed at the meeting;

(iv) make representations concerning any aspect of proceedings under these Regulations, and

(v) in the case of a third stage meeting only, subject to paragraph (7), ask questions of any witnesses;

(b) confer with the officer.

(4) Where the person representing the officer concerned is a relevant lawyer, the police friend may also confer with the officer.

(5) Where the officer concerned is participating in a third stage meeting by video link or other means in accordance with regulation 38(9), the person representing the officer or (if different) the police friend (or both) may also participate in the third stage meeting by such means together with the officer.

(6) The police friend or relevant lawyer of the officer concerned may not answer any questions asked of the officer during a meeting.

(7) The panel chair must determine whether any question should be put to a witness at a third stage meeting.

(8) At any meeting under these Regulations, the person or panel conducting the meeting may not make a finding of unsatisfactory performance or attendance or gross incompetence unless—

(a) satisfied on the balance of probabilities that there has been unsatisfactory performance or attendance or gross incompetence, or

(b) the officer concerned admits unsatisfactory performance or attendance or gross incompetence.

(9) The person conducting or chairing a meeting under these Regulations may allow any document to be considered at that meeting notwithstanding that a copy of it has not been—

(a) given to the person by the officer concerned in accordance with regulation 16(9), 19(6)(b), 23(8), 27(6)(b) or 36(3);

(b) given to the officer concerned in accordance with regulation 16(2) or (3), 23(2), 31(2) or 33(2), or

(c) made available to each panel member or given to the officer concerned under regulation 34(9).

Commencement Information

I1 Reg. 8 in force at 1.2.2020, see reg. 1