The Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision about the procedure to be followed where there is a report, complaint or allegation about the conduct of a senior officer of the Ministry of Defence Police force (“the force”). Two related sets of regulations, the Ministry of Defence Police (Conduct) Regulations 2004 and the Ministry of Defence Police Appeal Tribunals Regulations 2004 are made at the same time. The Ministry of Defence Police (Conduct) Regulations provide for the investigation and hearing of complaints about the conduct of members of the force other than senior officers and the Ministry of Defence Police Appeal Tribunals Regulations make provision about appeals to be made to Ministry of Defence Police appeal tribunals from decisions under these regulations and the Ministry of Defence Police (Conduct) Regulations.

Regulations 1 and 2 provide for citation, commencement, extent and interpretation. The regulations only apply where the conduct in question occurred and began on or after the commencement date. “Senior officer” is defined as the chief constable, the deputy chief constable or an assistant chief constable.

Regulation 3 restricts the application of the regulations to conduct or alleged conduct of senior officers serving in Great Britain or outside the United Kingdom whilst on detached duty from a station in Great Britain.

Regulation 4 sets out the normal procedure enabling an officer to be suspended by the Ministry of Defence Police Committee where a report, complaint or allegation about his conduct is made indicating that his conduct does not meet the appropriate standard. (This is the standard set out in the Code of Conduct in Schedule 1 to the Ministry of Defence Police (Conduct) Regulations 2004.) The regulation sets out the procedure to be followed for suspension and its duration.

Regulation 5 enables the power of suspension to be exercised with immediate effect in urgent cases.

Regulation 6 sets out what is to happen where the Ministry of Defence Police Committee (“the Committee”) receive a report, complaint or allegation indicating that a senior officer’s conduct does not meet the appropriate standard. Unless the Committee decide to take no proceedings they must refer the case for investigation by an investigating officer.

Regulation 7 obliges an investigating officer to give the officer notice of the investigation and invite a statement from him.

Regulation 8 provides that where at any stage it appears that the officer’s conduct may not have met the appropriate standard or that any of the special conditions set out in Part 1 of the Schedule may be met, the Committee must consider whether to take the steps in regulation 10 for a hearing to take place. It provides for various notices to be given to the officer and for the Committee to certify the case as a special case if those conditions are met.

Regulation 9 enables an immediate sanction to be imposed on an officer who accepts that his conduct did not meet the appropriate standard. If the sanction is dismissal or requirement to resign the officer is to be informed of his right to appeal to a Ministry of Defence Police appeal tribunal.

Regulation 10 sets out the procedure where the officer does not accept that his conduct did not meet the appropriate standard or the Committee do not impose an immediate sanction under regulation 9. In such circumstances the case must be referred to a hearing, unless the Committee does not consider that the conduct would justify a sanction. In that case they may deal with it at their discretion.

Regulation 11 provides for the Committee to direct that a case that has been referred to a hearing is to be withdrawn.

Regulation 12 provides for notices to be given to officers about the details of hearings and the documents to be supplied to them.

Regulation 13 provides for the composition of the tribunal that hears cases.

Regulation 14 sets out the procedure to be followed at hearings.

Regulation 15 enables statements to be adduced in evidence if the senior officer consents despite no copy having been supplied to him.

Regulation 16 enables the chairman of the tribunal to adjourn the hearing from time to time.

Regulation 17 enables the hearing to proceed in the absence of the officer.

Regulation 18 applies where the case originated in a complaint. It provides for the attendance of the complainant at the hearing together with a friend or relative and entitles the complainant to have questions put to the officer concerned.

Regulation 19 concerns the review of the case by the tribunal and provides for it to report to the Committee.

Regulation 20 provides for the decision by the Committee and its notification and, where the decision involves the officer’s dismissal or required resignation, for the officer to be informed of his right to appeal to a Ministry of Defence Police appeal tribunal.

Regulation 21 sets out the sanctions that the Committee may impose.

Regulation 22 requires the Committee to send a copy of the tribunal’s report and its decision to the Secretary of State.

Regulation 23 applies where a report, complaint or allegation is made that an officer’s conduct may not have met the appropriate standard and a certificate is issued under regulation 8 that any of the special conditions set out in Part 1 of the Schedule are met. In such cases it provides for the regulations to apply with the modifications set out in Part 2 of the Schedule unless the Committee have directed the case to be returned to the investigating officer.

Regulation 24 enables the Committee to delegate their functions under these regulations.

Part 2 of the Schedule sets out the conditions the meeting of any of which will result in the case being a special case for the purposes of regulations 8 and 23. The most important of these is where the conduct is of a serious nature and an imprisonable offence may have been committed by the senior officer. Part 2 of the Schedule sets out the modifications to the normal procedure that are applicable where the conditions are met.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.