Regulation 23 Procedures at hearingI1
Northern Ireland
Subject to the provisions of these regulations, the officers conducting the hearing shall determine their own procedures.
Where evidence is given that the member concerned, while subject to investigation—
after having been given in writing the caution set out in paragraph 1 of Schedule 2 failed to mention any fact relied on in his defence at the hearing, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention during the investigation, or
after having been given in writing the caution set out in paragraph 2 of Schedule 2 failed or refused to account for any object, substance or mark, or
after having been given in writing the caution set out in paragraph 3 of Schedule 2 failed or refused to account for his presence at a particular place,
the officers conducting the hearing may draw such inferences from the failure or refusal as appear proper.
The officers conducting the hearing shall review the facts of the case and decide whether or not the conduct of the member concerned met the appropriate standard and, if it did not, whether in all the circumstances it would be reasonable to impose any, and if so which, sanction.
The officers conducting the hearing shall not find that the conduct of the member concerned failed to meet the appropriate standard unless the conduct is—
admitted by the member concerned; or
proved by the person presenting the case on the balance of probabilities, to have failed to meet that standard.
Annotations
Commencement
- I1
Reg. 23 in operation at 6.11.2000, see reg. 1