84 Representation at disciplinary and other proceedings.E+W
(1)A member of a police force of the rank of [F1chief] superintendent or below may not be dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with section 50(3)(a) unless he has been given an opportunity to elect to be legally represented at any hearing held in the course of those proceedings.
(2)Where a member of a police force makes an election to which subsection (1) refers, he may be represented at the hearing, at his option, either by counsel or by a solicitor.
(3)Except in a case where a member of a police force of the rank of [F1chief] superintendent or below has been given an opportunity to elect to be legally represented and has so elected, he may be represented at the hearing only by another member of a police force.
(4)Regulations under section 50 shall specify—
(a)a procedure for notifying a member of a police force of the effect of subsections (1) to (3) above,
(b)when he is to be notified of the effect of those subsections, and
(c)when he is to give notice whether he wishes to be legally represented at the hearing.
(5)If a member of a police force—
(a)fails without reasonable cause to give notice in accordance with the regulations that he wishes to be legally represented, or
(b)gives notice in accordance with the regulations that he does not wish to be legally represented,
he may be dismissed, required to resign or reduced in rank without his being legally represented.
(6)If a member of a police force has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.
Textual Amendments
F1Words in s. 84(1)(3) inserted (1.1.2002) by 2001 c. 16, s. 125(3)(4)(c); S.I. 2001/3736, art. 3(a)