OpenLegislation

Regulation 16 Legal representationI1

Northern Ireland

(1)

If the supervising member is of the opinion that the hearing should have available the sanctions of dismissal, requirement to resign or reduction in rank he shall cause the member concerned to be given notice in writing of the opportunity to elect to be legally represented at the hearing, at the same time as he is given notice under regulation 13.

(2)

Where a member so elects, he may be represented at a hearing, at his option, either by counsel or by a solicitor.

(3)

Except in a case where such an officer has been given the opportunity to be legally represented and has so elected, he may only be represented at the hearing by a member of a police force.

(4)

No sanction such as is mentioned in paragraph (1) may be awarded unless the member concerned has been given the opportunity to elect to be legally represented at the hearing.

(5)

If a member—

(a)

fails without reasonable cause to give notice in accordance with regulation 17(1)(b) that he wishes to be legally represented; or

(b)

gives notice in accordance with that regulation that he does not wish to be legally represented, any such punishment as is mentioned in paragraph (1) may be awarded without his being legally represented.

(6)

If an officer gives notice in accordance with regulation 17(1)(b) that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.

Annotations

Commencement

I1

Reg. 16 in operation at 6.11.2000, see reg. 1