The Ministry of Defence Police (Conduct) Regulations 2009

Procedure on receipt of notice

22.—(1) Before the end of—

(a) 14 working days beginning with the first working day after the documents have been supplied to the officer concerned under regulation 21(1); or

(b) where that period is extended by the person conducting or chairing the misconduct proceedings for exceptional circumstances, such extended period,

(c) the officer concerned shall comply with paragraphs (2) and (3).

(2) The officer concerned shall provide to the appropriate authority—

(a) written notice of whether or not it is accepted that the conduct amounts to misconduct or gross misconduct as the case may be;

(b) where the officer accepts that the conduct amounts to misconduct or gross misconduct as the case may be, any written submission the officer wishes to make in mitigation;

(c) where the officer does not accept that the conduct amounts to misconduct or gross misconduct as the case may be, or disputes part of the case, written notice of—

(i) the allegations disputed and the officer’s account of the relevant events; and

(ii) any arguments on points of law the officer wishes to be considered by the person or persons conducting the misconduct proceedings.

(3) The officer concerned shall provide the appropriate authority with a copy of any document the officer intends to rely on at the misconduct proceedings.

(4) Before the end of 3 working days beginning with the first working day after the date on which the officer concerned has complied with paragraph (2), the appropriate authority and the officer concerned shall each supply to the other a list of proposed witnesses or give notice that they do not have any proposed witnesses; and any list of proposed witnesses shall include brief details of the evidence that each witness is able to adduce and their address.

(5) Where there are proposed witnesses, the officer concerned shall, if reasonably practicable, agree a list of proposed witnesses with the appropriate authority.