The Police Appeals Tribunals Rules 2012
2012 No. 2630
Police, England And Wales
The Police Appeals Tribunals Rules 2012
Made 18th October 2012
Laid before Parliament 23th October 2012
Coming into force 22th November 2012
The Secretary of State, in exercise of the powers conferred by section 85 of the Police Act 19961, makes the following Rules.
In accordance with section 63(3) of that Act2, the Secretary of State has supplied the Police Advisory Board for England and Wales with a draft of these Rules and has taken into consideration the representations of that Board.
In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 20073, the Secretary of State has consulted the Administrative Justice and Tribunals Council.
Citation, commencement and extent
1.—(1) These Rules may be cited as the Police Appeals Tribunals Rules 2012 and shall come into force on 22 November 2012.
(2) These Rules extend to England and Wales.
Revocation and transitional provisions
2.—(1) Subject to paragraph (2), the following are revoked—
(a)
(a) the Police Appeals Tribunals Rules 20084; and
(b)
(b) the Police Appeals Tribunals (Amendment: Metropolitan Police) Rules 20115.
(2) In relation to an appeal under section 85 of the 1996 Act against a decision made in accordance with the Police (Performance) Regulations 20086or the Police (Conduct) Regulations 20087, nothing in these Rules shall have effect and the Police Appeals Tribunals Rules 2008 shall continue to have effect with the following modifications—
(a)
(a) in rule 3(1), for the definition of “relevant police authority substitute the definition of “relevant local policing body” in rule 3(1) of these Rules;
(b)
(b) for rule 8 substitute rule 8 of these Rules;
(c)
(c) in rule 19(1), for “19A1(1)” substitute “19B(1)”;
(d)
(d) for rule 22 substitute rule 22 of these Rules.
(3) Where, as a result of paragraph (2)(b), a chief officer of police replaces a person designated by a police authority as the respondent in relation to any appeal, the Police Appeals Tribunals Rules 2008 shall have effect as if anything done or treated as done by or in relation to the person designated by the police authority in his capacity as respondent had been done by the chief officer of police.
(4) In so far as they continue to apply by virtue of paragraph (2) and rule 2(2) of the Police Appeals Tribunals Rules 2008, the Police Appeals Tribunals Rules 1999 shall have effect with the following modifications—
(a)
(a) for “police authority”, in each place in the 1999 rules where those words appear with the exception of rule 3(1), substitute “local policing body”.
(b)
(b) in rule 3(1) omit the definition of “police authority”;
(c)
(c) for rule 4 substitute rule 8 of these Rules.
(5) Where, as a result of paragraph (4)(b), a chief officer of police replaces a person designated by a police authority as the respondent in relation to any appeal, the Police Appeals Tribunals Rules 1999 shall have effect if anything done or treated as done by or in relation to the person designated by the police authority in his capacity as respondent had been done by the chief officer of police.
Interpretation
3.—(1) In these Rules—
“the 2002 Act” means the Police Reform Act 20028;
“appellant” means a police officer who has given a notice of appeal in accordance with rule 6 or 7;
“chair” for the purposes of rules 6 to 11 means a chairman appointed under Schedule 6 to the 1996 Act9; and for the purposes of rules 12 to 22 means the chairman of the tribunal;
“Conduct Regulations” means the Police (Conduct) Regulations 201210;
“IPCC” means the Independent Police Complaints Commission;
“original hearing” means—
(a) the misconduct meeting, misconduct hearing or special case hearing under the Conduct Regulations; or
(b) the third stage meeting under the Performance Regulations,
at or following which the relevant decision was made;
“panel” includes a person who conducted a special case hearing under the Conduct Regulations;
“Performance Regulations” means the Police (Performance) Regulations 201211;
“relevant decision” means the finding, disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with rule 4 or 5, and related expressions shall be construed accordingly;
“relevant local policing body” means the body which maintains—
(a) the police force of which a police officer who wishes to appeal to a tribunal, or the appellant, is a member, or
(b) the police force for the police area for which a police officer who wishes to appeal to a tribunal, or the appellant, is appointed as a special constable,
as the case may be;
“relevant police force” means—
(a) where the appellant is a member of a police force, the police force of which he is a member; and
(b) where the appellant is a special constable, the police force maintained for the police area for which he is appointed;
“respondent” has the meaning given by rule 8;
“specified appeal” means an appeal where the relevant decision arose from a case where—
(a) paragraph 18 or 19 of Schedule 3 to the 2002 Act applied;
(b) paragraph 16 or 17 of Schedule 3 to the 2002 Act applied and the IPCC—
(i) made a recommendation under paragraph 27(3) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted; or
(ii) gave a direction to the appropriate authority under paragraph 27(4) of that Schedule.
“tribunal” for the purposes of rules 3 to 11, means a police appeals tribunal appointed under Schedule 6 to the 1996 Act; and for the purposes of rules 12 to 22, means, in relation to an appeal, the police appeals tribunal appointed under Schedule 6 to the 1996 Act to determine that appeal.
(2) In these Rules, any expression which is also used in the Conduct Regulations or the Performance Regulations shall, unless that expression is given a different meaning in paragraph (1), have the same meaning as in those Regulations.
(3) Where any written notice or document is to be given or supplied to the appellant under these Rules, it shall be—
(a)
(a) given to him in person; or
(b)
(b) left with some person at, or sent by recorded delivery to, his last known address.
Circumstances in which a police officer may appeal to a tribunal
4.—(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against—
(a)
(a) the finding referred to in paragraph (2)(a), (b) or (c) made under the Conduct Regulations; or
(b)
(b) the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding,
or both.
(2) This paragraph applies to—
(a)
(a) an officer other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or
(b)
(b) a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or
(c)
(c) an officer against whom a finding of gross misconduct has been made at a special case hearing.
(3) A police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the officer that his conduct amounted to misconduct or gross misconduct (as the case may be).
(4) The grounds of appeal under this rule are—
(a)
(a) that the finding or disciplinary action imposed was unreasonable; or
(b)
(b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or
(c)
(c) that there was a breach of the procedures set out in the Conduct Regulations, the Police (Complaints and Misconduct) Regulations 201212or Schedule 3 to the 2002 Act, or other unfairness which could have materially affected the finding or decision on disciplinary action.
5.—(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (6) against—
(a)
(a) a finding referred to in paragraph (2) made under the Performance Regulations; or
(b)
(b) an outcome which is imposed under the Performance Regulations as a consequence of such a finding and is mentioned in paragraph (4) or (5),
or both.
(2) This paragraph applies to a police officer against whom a finding of unsatisfactory performance or attendance or gross incompetence has been made at a third stage meeting.
(3) A police officer may not appeal to a tribunal against a finding referred to in paragraph (2) where that finding was made following acceptance by the officer that his performance or attendance has been unsatisfactory or that he has been grossly incompetent (as the case may be).
(4) Where there has been a finding of unsatisfactory performance or attendance following a third stage meeting which the police officer was required to attend under regulation 28 of the Performance Regulations, he may appeal against the following outcomes—
(a)
(a) dismissal with notice,
(b)
(b) reduction in rank.
(5) Where there has been a finding of gross incompetence or unsatisfactory performance following a third stage meeting which the police officer was required to attend under regulation 30 of the Performance Regulations, he may appeal against the following outcomes—
(a)
(a) dismissal without notice,
(b)
(b) reduction in rank,
(c)
(c) redeployment to alternative duties,
(d)
(d) the issue of a final written improvement notice,
(e)
(e)...
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