OpenLegislation

Regulation 37 WitnessesI1

England and Wales

(1)

As soon as reasonably practicable after any list of proposed witnesses has been—

(a)

agreed under regulation 36(5), or

(b)

given under regulation 36(6),

the appropriate authority must give that list to the panel chair, together with, in the latter case, a list of its proposed witnesses.

(2)

The panel chair must—

(a)

consider the list or lists of proposed witnesses, and

(b)

subject to paragraph (3), determine which, if any, witnesses should attend the F1second stage meeting.

(3)

The panel chair may determine that witnesses not named in any list of proposed witnesses should attend the F2second stage meeting.

(4)

No witness may give evidence at a F3second stage meeting unless the panel chair reasonably believes that it is necessary in the interests of fairness for the witness to do so, in which case the chair must—

(a)

where the witness is a police officer, cause that person to be ordered to attend the F4second stage meeting, and

(b)

in any other case, cause the witness to be given notice that the witness’s attendance is necessary and of the date, time and place of the meeting.

Annotations

Textual amendments

F1

Words in reg. 37(2)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 43(2) (with reg. 65)

F2

Words in reg. 37(3) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 43(3) (with reg. 65)

F3

Words in reg. 37(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 43(4)(a) (with reg. 65)

F4

Words in reg. 37(4)(a) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 43(4)(b) (with reg. 65)

Commencement

I1

Reg. 37 in force at 1.2.2020, see reg. 1

Notes on Part 5

Textual amendments

F1

Words in Pt. 5 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 36 (with reg. 65)