Attendance of others at misconduct proceedings
32.—(1) Subject to regulation 31 and the provisions of this regulation, the misconduct proceedings shall be in private.
(2) A person nominated by the Commission may, as an observer, attend misconduct proceedings which arise from a case to which—
(a)paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (supervised, managed and independent investigations) applied; or
(b)paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority) applied and in relation to which the Commission—
(i)made a recommendation under paragraph 27(3) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted; or
(ii)gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings).
(3) Subject to any contrary decision by the person conducting or chairing the misconduct proceedings, a witness other than a complainant, interested person or the officer concerned, shall only attend the misconduct proceedings for the purpose of giving their evidence.
(4) The person conducting or chairing the misconduct proceedings may, at his discretion, permit a witness in the misconduct proceedings to be accompanied at those proceedings by one other person.
(5) Where a misconduct hearing arises from a case to which paragraph 19 of Schedule 3 to the 2002 Act (investigations by the Commission) applied and the Commission considers that because of the gravity of the case or other exceptional circumstances it would be in the public interest to do so, the Commission may, having consulted with—
(a)the appropriate authority;
(b)the officer concerned;
(c)the complainant or interested person; and
(d)any witnesses,
direct that the whole or part of the misconduct hearing be held in public.
(6) It shall be the duty of the persons conducting the misconduct hearing to comply with a direction given under paragraph (5).
(7) A direction under paragraph (5), together with the reasons for it, shall be notified as soon as practicable, and in any event before the end of 5 working days beginning with the first working day after the decision was taken, to the persons consulted under that paragraph.
(8) The person conducting or chairing the misconduct proceedings may impose such conditions as he sees fit relating to the attendance under regulation 31 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.