The Police Appeals Tribunals Rules 2020

Interpretation and general provision as to written notices or documents E+W

3.—(1) In these Rules—

“the Complaints and Misconduct Regulations” means the Police (Complaints and Misconduct) Regulations 2020 M1 ;

“the Conduct Regulations” means the Police (Conduct) Regulations 2020 M2 ;

“the Performance Regulations” means the Police (Performance) Regulations 2020 M3 ;

“appellant” means a police officer or a former police officer who has given a notice of appeal in accordance with rule 9 or 10;

“chair” means—

(a)

for the purposes of rules 10, 13, 14 and 15, a chairman appointed under Schedule 6 to the 1996 Act M4 , and

(b)

for the purposes of rules 16 to 18 and 23 to 26, the chairman of the tribunal;

“disciplinary action”—

(a)

in relation to a police officer, means disciplinary action under the Conduct Regulations;

(b)

in relation to a former police officer, means a finding that the former officer would have been dismissed if the former officer had not ceased to be a member of a police force or a special constable;

“original hearing” means—

(a)

the misconduct hearing or accelerated misconduct hearing under the Conduct Regulations, or

(b)

the third stage meeting under the Performance Regulations,

at or following which the relevant decision was made;

“relevant decision” means the finding or decision as to the disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with rule 4, 5 or 6;

“relevant local policing body” means the local policing body M5 for—

(a)

the police force of which a police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a police officer), is a member;

(b)

the police force for the police area for which—

(i)

a police officer who wishes to appeal to a tribunal, or

(ii)

the appellant (where the appellant is a police officer),

is appointed as a special constable;

(c)

the police force of which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was a member at the relevant time, or

(d)

the police force for the police area for which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was appointed as a special constable at the relevant time;

“relevant person”, except in rule 8, means—

(a)

the relevant local policing body, or

(b)

where the relevant local policing body has delegated functions in relation to the administration of the appeal under rule 7 to another local policing body, that other body;

“relevant police force” means—

(a)

the police force of which the appellant is a member;

(b)

where the appellant is a special constable, the police force for the police area for which the appellant is appointed;

(c)

where the appellant was a member of a police force at the relevant time, the police force of which the appellant was a member, or

(d)

where the appellant was a special constable at the relevant time, the police force for the police area for which the appellant was appointed;

“relevant time” means, in relation to a former police officer, the time immediately before the former officer ceased to be such an officer;

“specified appeal” means an appeal where the relevant decision arose from a case where—

(a)

paragraph 16 of Schedule 3 to the 2002 Act (investigations by the appropriate authority on its own behalf) M6 applied and—

(i)

the Director General—

(aa)

made a recommendation under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation) M7 which the appropriate authority accepted;

(bb)

made a recommendation under paragraph 27(3A) of that Schedule (recommendation of Director General to appropriate authority) M8 in relation to the unsatisfactory performance of a police officer, or

(cc)

gave a direction under paragraph 27(4)(a) of that Schedule (duties with respect to disciplinary proceedings), or

(ii)

a local policing body made a recommendation under paragraph 25(4E)(c) of that Schedule (reviews with respect to an investigation) which the appropriate authority accepted, or

(b)

paragraph 18 or 19 of Schedule 3 to the 2002 Act (directed and independent investigations) M9 applied;

“tribunal” means—

(a)

for the purposes of rules 4 to 6, 9 and 10, a police appeals tribunal appointed under Schedule 6 to the 1996 Act, and

(b)

for the purposes of rules 20 to 22 and 26, 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, unless that expression is given a different meaning in paragraph (1), has 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 must be—

(a) given to the appellant in person;

(b) left with a person at, or sent by recorded delivery to, the appellant's last known address, or

(c) given to the appellant in any other manner agreed between the person who is required to give the notice or document and the appellant.

Commencement Information

I1 Rule 3 in force at 1.2.2020, see rule 1

Marginal Citations

M1 S.I. 2020/2.

M2 S.I. 2020/4.

M3 S.I. 2020/3.

M4 Schedule 6 to the Police Act 1996 was amended by paragraph 107(2) of Schedule 27 to the Greater London Authority Act 1999 (c. 29), section 125(5) of the Criminal Justice and Police Act 2001 (c. 16), sections 29(6), 31 and 41(4) of the Policing and Crime Act 2017 and by regulation 8(2)(c) of S.I. 2018/226.

M5 See section 101(1) of the Police Act 1996 for the definition of local policing body.

M6 Paragraph 16 was amended by paragraphs 11 and 14 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraphs 1, 11 and 12 of Schedule 14 to the Police Reform and Social Responsibility Act 2011 (c. 14), paragraphs 8 and 17 of Schedule 6 to the Crime and Courts Act 2013 (c. 22) and paragraphs 9 and 16 of Schedule 5 to the Policing and Crime Act 2017. There are further amendments to paragraphs 18 and 19, but none are relevant.

M7 Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the Policing and Crime Act 2017.

M8 Paragraph 27(3A) was inserted by section 138(2) and (4) of the 2014 Act and amended by paragraph 56(2) of Schedule 9 to the 2017 Act.

M9 Paragraph 18 was amended by paragraphs 1, 11 and 16 of Schedule 12 to the Serious Organised Crime and Police Act 2005 (c. 15), and by paragraphs 9, 15, 18 and 19 of Schedule 5 to the Policing and Crime Act 2017; paragraph 19 was amended by paragraphs 1, 11 and 17 of Schedule 12 to the Serious Organised Crime and Police Act 2005 and paragraphs 9, 15, 20 and 56 of Schedule 9 to the Policing and Crime Act 2017. There are further amendments to paragraphs 18 and 19, but none are relevant.