A 14
[Subsidiary]
Procedure.
L.N. 305/82.
Plea of inspector charged.
Hearing.
CAP. 232]
Police (Discipline) Regulations
[1982 Ed.
(4) If the defaulter has applied to the Commissioner to request the Chief Secretary to appoint a board to be the appropriate tribunal the Commissioner shall forward such request to the Chief Secretary in accordance with regulation 16(4A).
19. (1) The Commissioner or a senior police officer shall appoint a prosecutor and the defaulter may be represented by-
(a) an inspector of his choice; or
(b) any other police officer of his choice who is qualified as a barrister or solicitor,
who may conduct the defence on his behalf.
(2) Subject to paragraph (1), no barrister or solicitor may appear on behalf of the defaulter.
(3) A defaulter shall be given copies of or reasonable access to such police records and documents as he requires and which are necessary to enable him to prepare his defence but not including those records for which the Crown claims privilege.
20. Proceedings shall be conducted by an appropriate tribunal and the charge or charges shall be read over to the defaulter who shall be required to plead unequivocally guilty or not guilty thereto and to each charge separately if there is more than one, and such plea shall be recorded.
21. (1) When the defaulter has pleaded not guilty and evidence for the prosecution is called, witnesses shall be called in support of the charge or charges and on the conclusion of the evidence of each such witness the defaulter or any person appearing on his behalf may cross-examine such witness who may then be re-examined by the prosecutor.
(2) When the examination of all witnesses in support of the charge or charges has been completed the defence may address the appropriate tribunal for the purpose only of showing that no prima facie case has been established and if it appears to the tribunal that there is a prima facie case the defaulter shall be asked whether he wishes to-
(a) give evidence, and
(b) call witnesses.
(3) If the defaulter gives evidence he may be cross-examined and re-examined and such witnesses as he wishes to call may be examined, cross-examined and re-examined.
(4) At the close of the defence case witnesses may be called with the consent of the appropriate tribunal hearing the case to give evidence in rebuttal and may be examined, cross-examined and re-examined, and at the conclusion of all the evidence the prosecutor may address the tribunal and thereafter the defence may address the tribunal in reply.