Police (Appeals) Rules 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/759 |
1977 No. 759
POLICE
The Police (Appeals) Rules 197728thApril 1977
6thMay 1977
1stJune 1977
In exercise of the powers conferred on me by paragraph 5 of Schedule 5 to the Police Act 1964(a), as amended by section 12(6) of the Police Act 1976(b), I hereby make the following Rules:—
Citation and commencement
1. These Rules may be cited as the Police (Appeals) Rules 1977 and shall come into operation on 1st June 1977.
Revocations and transitional provisions
2.—(1) Subject to paragraph (2), the Police (Appeals) Rules 1965(c) and the Police (Appeals) (Amendment) Rules 1965(d) are hereby revoked.
(2) In relation to an appeal against a decision of which the appellant was notified before 1st June 1977—
(a) nothing in these Rules shall apply, and
(b) the Rules revoked by paragraph (1) shall continue to have effect.
(3) Where the facts alleged in the charge as respects which an appeal is brought were alleged in a complaint received by the chief officer of police from a member of the public in respect of the appellant's conduct before 1st June 1977, Rule 14 shall apply in relation to that appeal notwithstanding that the charge was not in respect of a complaints matter as defined in Rule 3(1).
Interpretation
3.—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:—
"the Act" means the Police Act 1964, as amended by the Police Act 1976;
"appeal tribunal" means the person or persons appointed under paragraph 3(1) of Schedule 5 to the Act;
"appellant" and "respondent" have the same meanings as in the said Schedule 5;
(a) 1964 c. 48.
(b) 1976 c. 46.
(c) S.I. 1965/618 (1965 I, p. 1922).
(d) S.I. 1965/1283 (1965 II, p. 3646).
"chairman", in relation to an appeal tribunal, means the member thereof whom the Secretary of State has appointed to act as such except that, where the tribunal consists of a single person, it means that person;
"complaints matter" means a matter or matters referred to in subsection (1) of section 3 of the Police Act 1976(a) in respect whereof the provisions of that section have effect or, in relation to a senior officer, a matter or matters complained of in a complaint against him received from a member of the public;
"hearing" has the meaning assigned thereto by Rule 9(1);
"inquiry" means an inquiry held in pursuance of paragraph 3(1) of Schedule 5 to the Act;
"original hearing" means the hearing at the conclusion of which the appellant was found guilty of the charge as respects which the appeal is brought;
"senior officer" means a chief constable or other senior officer within the meaning of the Police (Discipline) (Senior Officers) Regulations 1977(b);
"supporting statement" has the meaning assigned thereto by Rule 4(3) and, accordingly, means such a written statement as is mentioned in paragraphs 7, 8 and 9 of the notice of appeal set out in the Schedule to these Rules.
(2) In these Rules, except where the context otherwise requires, any reference to a Rule shall be construed as a reference to a Rule contained in these Rules and any reference in a Rule to a paragraph shall be construed as a reference to a paragraph of that Rule.
(3) The Interpretation Act 1889(c) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
Notice of appeal
4.—(1) An appeal under section 37 of the Act shall be instituted by the appellant giving the Secretary of State written notice of appeal, in the form set out in the Schedule to these Rules or a form to the like effect with, where the appellant is a member of the metropolitan police force or a senior officer, such modifications as the case may require.
(2) The notice of appeal shall be given within the period of 22 days beginning with the day on which the appellant was notified in writing of the relevant decision.
In this and the next following paragraph the expression "relevant decision" means (in the case of an appeal against both finding and punishment or against punishment only) the decision as to punishment which is subject to appeal except that, in the case of a member of the metropolitan police force, where by virtue of subsection (4) of section 37 of the Act no appeal thereunder lies against a decision unless it has been affirmed or varied on appeal under paragraph 9 of Schedule 4 to the Police (Discipline) Regulations 1977(d), the said expression means the decision on such appeal to affirm or vary the said punishment.
(3) If the appellant does not annex to the notice of appeal all the written statements mentioned in paragraphs 7, 8 and 9 thereof (hereinafter referred to as "the supporting statements"), he shall supply the Secretary of State with the
(a) 1976 c. 46.
(b) S.I. 1977/581 (1977 I, p. 1862).
(c) 1889 c. 63.
(d) S.I. 1977/580 (1977 I, p. 1840).
statements not annexed to the notice of appeal within the period of 50 days beginning with the day on which he was notified in writing of the relevant decision; and, if he fails to do so, the Secretary of State shall be entitled to treat the notice of appeal as having been withdrawn and no further action in connection with the appeal shall be taken.
(4) The appellant shall send copies of the notice of appeal and of the supporting statements—
(a) within the period within which the notice falls to be given under paragraph (2) or, as the case may be, within which the statements fall to be supplied under paragraph (3), to the chief officer of the police force to which he belongs, and
(b) if and when so required by the Secretary of State, to such other person as is the respondent to the appeal by virtue of a direction given under paragraph 2(2) of Schedule 5 to the Act,
except that, where the appellant is a senior officer, sub-paragraph (b) above shall not apply and, save in the case of a member of the metropolitan police force, sub-paragraph (a) shall have effect as if the reference therein to the chief officer were a reference to the police authority.
(5) 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 either or both of the periods mentioned in paragraphs (2) and (3) and, in such case, this Rule shall have effect as if for the period in question there were substituted such extended period as he may specify.
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