# The NCIS (Discipline) (Senior Police Members) Regulations 1998, Regulation 13: Procedure at hearing


(1) The hearing shall be in private.
(2) The case against the accused shall be presented—
(a) by the independent solicitor mentioned in regulation 9(2)(a); or
(b) by some other independent solicitor.
(3) In paragraph (2)(b) “independent solicitor” has the same meaning as in regulation 9.
(4) If the accused does not admit the charge, the hearing shall proceed as though he denied the charge.
(5) Before the case against the accused is presented, the accused may submit that the facts alleged in the charge are not such as to constitute the offence with which he is charged and the tribunal, if it upholds that submission, shall determine that the charge to which the submission relates should be dismissed.
(6) The accused may conduct his case either in person or by a representative:
Provided that if the accused is represented by a police member of NCIS, a police member of NCS or a member of a police force the accused, as well as his representative, may cross-examine the witnesses called in support of the case against him.
(7) Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.
(8) A verbatim record of the proceedings before the tribunal shall be taken and a transcription of the record shall be made and sent to the appropriate authority and, if a punishment is imposed by that authority and the accused contemplates an appeal to the NCIS appeal tribunal, at his request made within the period during which notice of appeal may be given, a copy thereof shall be supplied to him.

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Source: https://www.legislation.gov.uk/uksi/1998/636/regulation/13 (the official version)
Page: https://openlegislation.uk/ncis-discipline-senior-police-members-regulations-1998/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.