Police (Appeals) Act 1927
| Jurisdiction | UK Non-devolved |
| Citation | 1927 c. 19 |
Police (Appeals) Act, 1927
(17 & 18 Geo. 5.) CHAPTER 19.
An Act to provide for a right of appeal by members of police forces who are dismissed or required to resign.
[29th July 1927]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Right of appeal to Secretary of State.
(1) A member of a police force who after the passing of this Act is dismissed or required to resign as an alternative to dismissal may appeal to a Secretary of State in accordance with this Act and the rules made thereunder, if he gives notice of appeal in the prescribed manner and within the prescribed time.
(2) On any such appeal the disciplinary authority shall be made, and is in this Act referred to as, the respondent.
(3) For the purposes of this Act, ‘police force’ means a police force within the meaning of the Police Pensions Act, 1921 , that is to say, any such police force as is mentioned in the first column of the Schedule to this Act, and in relation to each such police force ‘disciplinary authority’ means the officer or authority mentioned in the second column of that Schedule.
2 Decision by Secretary of State.
(1) The Secretary of State, unless it appears to him that the case is of such a nature that it can properly be determined without taking oral evidence, shall appoint one or more persons (one at least of whom shall be a person engaged or experienced in police administration) to hold an inquiry and report to him.
(2) The Secretary of State after considering the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with the rules under this Act, and the report (if any) of the person or persons holding the inquiry shall by order either—
(a ) allow the appeal; or
(b ) dismiss the appeal; or
(c ) vary the punishment by substituting some other punishment which the disciplinary authority might have awarded:
Provided that the Secretary of State may before making the order remit the case for further investigation by the person or persons who held the inquiry, or if he thinks fit, for further consideration by the disciplinary authority.
(3) An order made by the Secretary of State under this section shall as soon as it is made be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the person holding the inquiry, and the order shall be final and binding upon all parties.
(4) Where an appeal is allowed, or the punishment is varied by the Secretary of State, the order shall take effect by way of substitution for the decision appealed from, and as from the date of that decision; and where the effect of the order is to re-instate the appellant in the force, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served continuously from the date of the decision to the date of his reinstatement, and if he was suspended for a period immediately preceding the date of the decision, the order shall deal with such suspension.
3 Power to summon witnesses, &c.
3. A person holding an...
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