The Police (Conduct) Regulations (Northern Ireland) 2016

Appeal from misconduct meeting: members other than senior officers

39.—(1) Where the member concerned is not a senior officer, whose case was decided at a misconduct meeting, he may, subject to the provisions of this regulation, appeal—

(a) if he admitted his conduct amounted to misconduct, against any disciplinary action imposed under regulation 36; or

(b) if (after he denied misconduct) the person conducting the misconduct meeting found that his conduct amounted to misconduct, against that finding or any disciplinary action imposed under regulation 36.

(2) The only grounds of appeal under this regulation are that—

(a) the finding or disciplinary action imposed was unreasonable;

(b) there is evidence that could not reasonably have been considered at the misconduct meeting which could have materially affected the finding or decision on disciplinary action; or

(c) there was a serious breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action.

(3) An appeal under this regulation shall be commenced by the member concerned giving written notice of appeal to the Chief Constable—

(a) before the end of 7 working days beginning with the first working day after the written notice and summary of reasons is given under regulation 37 (unless this period is extended by the Chief Constable for exceptional circumstances); and

(b) stating the grounds of appeal and whether a meeting is requested.

(4) An appeal under this regulation shall be determined by a police officer of at least one rank higher than the police officer who conducted the misconduct meeting who is not an interested party, appointed by the Chief Constable.

(5) The Chief Constable shall as soon as practicable give the member concerned written notice of—

(a) the name of the person appointed to determine the appeal under paragraph (4);

(b) the name of any person appointed under regulation 7(5) to advise the person determining the appeal; and

(c) the effect of paragraphs (6) to (9).

(6) The member concerned may object to any person whom he is notified under this regulation is to—

(a) determine the appeal; or

(b) advise the person determining the appeal.

(7) Any such objection must be made in writing to the Chief Constable before the end of 3 working days beginning with the first working day after the member concerned is given notice of the person’s name and must set out the grounds of objection of the member concerned.

(8) The Chief Constable shall notify the member concerned in writing whether he upholds or rejects an objection to the person appointed to conduct the appeal meeting or to any person appointed under regulation 7(5) to advise the person conducting the appeal meeting.

(9) If the Chief Constable upholds the objection, the person to whom the member concerned objects shall be replaced (in accordance with regulation 7(5) or (6) or paragraph (4) as appropriate).

(10) As soon as reasonably practicable after any such appointment, the Chief Constable shall notify in writing the member concerned of the name of the new person appointed to determine the appeal or the advisor to the person determining the appeal as the case may be.

(11) The member concerned may object to the appointment of a person appointed under paragraph (9).

(12) Any such objection must be made in accordance with paragraph (7), provided that it must be made before the end of 3 working days beginning with the first working day after the member concerned is given the notice referred to in paragraph (10); and the Chief Constable shall comply with paragraphs (8) to (10) in relation to that objection but paragraph (11) shall not apply.