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Buachaill, Barrister
Category: Law
Satisfied Customers: 13381
Experience:  Barrister 17 years experience
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Is it legally allowed for a disciplinary presiding officer

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Is it legally allowed for a disciplinary presiding officer involved in adjourned meeting to carry out an investigation to also preside over the reconvened hearimg?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  I regret to say that there is nothing to prevent the disciplinary presiding officer who was involved in an investigation to also preside over the reconvened hearing.  If you wish to challenge it, you essentially have to show that there was bias, or the presiding officer prejuded the matter by being involved in the investigation.  Essentially, you must show there was some flaw in the procedures followed that it amounted to unfairness.  This is because all disciplinary hearings must follow the rules of natural and Constitutional justice which guarantees fairness to all parties appearing before it.  This means that each side must be allowed to present its case and the deliberations on it and the procedures followed must be fair as well. For you to challenge the disciplinary presiding officer here, you need to show that something he did or some procedure followed was unfair or did not conform to fair procedures.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 12 days ago.
During the hearing, the presiding officer was amswering questions that were asked to the witnesses. She also went ahead to clarify on a points made by the witnesses as well as giving leading questions. Legally I do not know if it is ok.

3.  This would not accord with the rules of natural and constitutional justice.  Essentially, the presiding officer is expected to remain impartial and not get involved in proceedings.  So, you would have a case to challenge the behaviour of the presiding officer by way of judicial review, on the basis that the presiding officer was not impartial. Effectively the decision maker is expected to remain neutral in any decision making situation.  So, you should see a solicitor if you want to challenge the decision made by way of legal proceedings.

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Customer: replied 12 days ago.
How do I present my own appeal if my representative says he will neither present the case nor take minutes but will attend the hearing?

4.  You should present your own appeal as best you can.  However, I would suggest you get a new representative if the current representative is proving difficult to deal with.  Then get the new representative to present the appeal if you don´t want to do it yourself.