Police (Appeals) Rules 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/618 |
| Year | 1965 |
1965 No. 618
POLICE
ENGLAND AND WALES
The Police (Appeals) Rules 196525thMarch 1965
31stMarch 1965
1stApril 1965
In exercise of the powers conferred on me by paragraph 5 of Schedule 5 to the Police Act 1964(a), I hereby make the following Rules:—
Notice of appeal
1.—(1) An appeal under section 37 of the Police Act 1964 shall be instituted by the appellant giving a notice of appeal, in the form set out in the Schedule to these Rules, or a form to the like effect, and annexing thereto the documents specified in the said notice.
(2) The notice of appeal shall be submitted to the Secretary of State within twenty-one days from the date on which the appellant was notified in writing of the decision against which he desires to appeal:
Provided that where the Secretary of State is satisfied, on the application of the appellant, that by reason of the special circumstances of the case it is just and right so to do, he may extend the period within which a notice of appeal may be submitted until a date specified by him.
(3) The appellant shall, within the said period of twenty-one days or by the date fixed by the Secretary of State, as the case may be, send to the respondent a copy of the notice of appeal and of the documents annexed thereto.
(4) The appellant may withdraw his appeal by notice in writing submitted to the Secretary of State at any time before the appeal is decided by the Secretary of State or, where he has appointed a tribunal, before the inquiry opens.
Statement by respondent
2.—(1) The respondent, when so required by the Secretary of State, shall send him a written statement as to whether or not he desires to oppose the appeal and, where he desires to oppose it, as to—
(a) the facts and contentions on which he relies and the documentary or other evidence, if any, which he desires to submit;
(b) whether, in the event of an inquiry being held, he desires to appear by a legal or other representative, and
(c) whether, in the event of an inquiry being held, it would be an inquiry to which Rule 8 applies and, if so, the name and address of the complainant within the meaning of that Rule.
(2) The respondent, if so required by the Secretary of State, shall also send him such number of copies as he may require of—
(a) the statement referred to in paragraph (1), and
(a) 1964 c. 48.
(b) such papers, reports, records and other documents as the Secretary of State may specify.
(3) The respondent shall send to the appellant a copy of the statement referred to in paragraph (1) and of each document, a copy of which has been sent to the Secretary of State in accordance with paragraph (2)(b).
Documents to be sent to the tribunal
3. Where the Secretary of State appoints a tribunal to hold an inquiry he shall send to each member of the tribunal—
(a) a copy of the notice of appeal and of each document annexed thereto, and
(b) a copy of the statement referred to in Rule 2(1) and of each document, a copy of which has been sent to the Secretary of State in accordance with Rule 2(2)(b).
Procedure at inquiry
4.—(1) Where the Secretary of State appoints a tribunal, the tribunal (or, where it consists of two or more persons, the member thereof appointed by the Secretary of State to preside at the inquiry) shall fix the day for the opening of the inquiry and shall cause notice thereof to be sent to the appellant, the respondent and the Secretary of State, not less than seven days before the day in question.
(2) It shall be within the discretion of the tribunal to proceed with the inquiry in the absence of either party, whether represented or not, if it appears to be just and proper so to do, and to adjourn the inquiry from time to time as may appear necessary for the due hearing of the case.
(3) The tribunal may, at any time before the conclusion of the inquiry, allow the notice of appeal or any documents annexed thereto, the respondent's statement or any papers, reports, records or other documents, copies of...
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