Police Act 1964

3 (1) The Secretary of State may appoint three persons to hold an inquiry into and report to him on any appeal under the principal section other than an appeal from a decision of a police authority and, subject to sub-paragraph (2) below, shall do so where—

(a) it appears to him that the appeal cannot be properly determined without taking evidence; or

(b) the appellant has been punished by way of dismissal, requirement to resign or reduction in rank and has requested that such persons be appointed.

(2) The Secretary of State need not make an appointment under sub-paragraph (1) above if he is satisfied that there are sufficient grounds for allowing the appeal without an inquiry.

(3) The persons appointed under sub–paragraph (1) above shall be—

(a) a, [F1 person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990] who shall be chairman;

(b) a serving or retired inspector of constabulary or a retired chief officer; and

(c) a retired officer of appropriate rank within the meaning of sub-paragraph (4) below.

(4) A retired officer of appropriate rank means—

(a) where the appellant was, immediately before the disciplinary proceedings, of the rank of chief superintendent or superintendent, a retired police officer who at the time of his retirement was of either of those ranks; and

(b) in any other case, a retired police officer who at the time of his retirement was of the rank of chief inspector or below.

(5) The Secretary of State may appoint one or more persons to hold an inquiry into and report to him on an appeal under the principal section from a decision of a police authority.

(6) The Secretary of State may require persons appointed under this paragraph to deal in their report with any particular matter specified by him.

(7) Subsections (2) and (3) of section 250 M1 of the Local Government Act 1972 shall apply to any inquiry under this paragraph as they apply to an inquiry under that section.

(8) The Secretary of State may require persons appointed under this paragraph to hold a hearing.

(9) Persons so appointed shall hold a hearing in any case where they are not required to do so under sub-paragraph (8) above, unless it appears to them that it is unnecessary to do so.

(10) A decision whether to hold a hearing shall not be taken under sub-paragraph (9) above unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered.

(11) Where a hearing is held in the course of an inquiry, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

(12) Before making an order under the principal section the Secretary of State shall consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

(13) The Secretary of State may, before making an order under the principal section, remit the case for further investigation by the person or persons who held the inquiry or, if he thinks fit, for further consideration by the person or persons whose decision is the subject of the appeal.

Textual Amendments

F1 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 71(2), Sch. 10, para. 22

Marginal Citations

M1 1972 c. 70 (81:1)