The Police Appeals Tribunals Rules 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2863 |
| Year | 2008 |
2008 No. 2863
Police, England And Wales
The Police Appeals Tribunals Rules 2008
Made 5th November 2008
Coming into force 1st December 2008
The Secretary of State makes the following Rules in exercise of the powers conferred by section 85 of the Police Act 19961.
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.
In accordance with section 85(5A) of the Police Act 1996, a draft of these Rules was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Rules may be cited as the Police Appeals Tribunals Rules 2008 and shall come into force on 1st December 2008.
(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 19994, and
(b)
(b) paragraph 19 of the Schedule to the Serious Organised Crime and Police Act 2005 (Consequential and Supplementary Amendments to Secondary Legislation) Order 20065.
(2) In relation to an appeal under section 85 of the 1996 Act against a decision made in accordance with the Police (Efficiency) Regulations 19996or the Police (Conduct) Regulations 20047, nothing in these Rules shall have effect and the provisions mentioned in paragraph (1) shall continue to have effect.
Interpretation
3.—(1) In these Rules—
“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 Act8; and for the purposes of rules 12 to 22 means the chairman of the tribunal;
“Conduct Regulations” means the Police (Conduct) Regulations 20089;
“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 200810;
“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 police authority” means the police authority 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 complaint or conduct matter to which paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations)11applied; and
“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 200412, Schedule 3 to the Police Reform Act 200213or 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 26 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 28 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) the issue of a written improvement notice.
(6) The grounds of appeal under this rule are—
(a)
(a) that the finding or outcome 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 the outcome; or
(c)
(c) that there was a breach of the procedures set out in the Performance Regulations or other unfairness which could have materially affected the finding or decision on the outcome; or
(d)
(d) that, where the police officer was required to attend the third stage meeting under regulation 26 of the Performance Regulations, he should not have been required to attend that meeting as it did not, in accordance with regulation 26(6) or 40(9) of those Regulations, concern unsatisfactory performance or attendance similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice.
Notice of appeal
6.—(1) Subject to rule 7, a police officer who wishes to appeal to a tribunal shall give notice of the appeal before the end of 10 working days beginning with the first working day after the day on which he is supplied with a written copy of the relevant decision.
(2) The notice of appeal shall be given in writing to the relevant police authority.
(3) The officer may request a transcript of the proceedings (or part of the proceedings) at the original hearing in his notice of appeal.
7.—(1) This rule applies where a police officer who wishes to appeal to a tribunal wishes to give notice of the appeal after the end of the period...
To continue reading
Request your trial