Criminal Justice and Immigration Act 2008

Police Appeals Tribunals

11 (1) Schedule 6 (appeals to police appeals tribunals) is amended as follows.

(2) In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—

“(b) one shall be Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty’s Inspectors of Constabulary nominated by the Chief Inspector, and

(c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.”

(3) In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—

“(1) In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a),

(b) one shall be a senior officer,

(c) one shall be a member of the relevant police authority, and

(d) one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.”

(4) Omit paragraph 6 (hearings).

(5) In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—

“(1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect—

(a) by way of substitution for the decision appealed against, and

(b) as from the date of that decision.”

(6) In paragraph 10 (interpretation)—

(a) for sub-paragraph (b) substitute—

“(b) “the relevant police authority” means the police authority which maintains—

(i) the police force of which the appellant is a member, or

(ii) the police force for the area for which the appellant is appointed as a special constable,

as the case may be.”

(b) for sub-paragraph (c) substitute—

“(c) “appropriate staff association” means—

(i) where the appellant was, immediately before the proceedings from which the appeal is brought, of the rank of chief superintendent or superintendent, the Police Superintendents' Association of England and Wales; and

(ii) in any other case, the Police Federation of England and Wales.”