Search Legislation

The Police Appeals Tribunals Regulations (Northern Ireland) 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Procedure on notice of appeal

This section has no associated Explanatory Memorandum

9.—(1) As soon as reasonably practicable, the Board shall supply a copy of the notice of the appeal—

(a)to the respondent; and

(b)where the appeal is a specified appeal, to the Ombudsman.

(2) As soon as reasonably practicable after receipt of a copy of the notice of appeal, and in any event before the end of 15 working days beginning with the first working day after the day of such receipt, the respondent shall supply to the Board—

(a)a copy of the relevant decision made at or following the original hearing provided under regulation 37 or 55 of the Conduct Regulations or regulation 38(3) of the Performance Regulations;

(b)any documents which were made available to the panel conducting the original hearing; and

(c)a copy of the transcript requested under regulation 6(3).

(3) A copy of any such transcript shall at the same time be given to the appellant.

(4) The appellant shall supply the following documents to the Board in accordance with paragraph (6)—

(a)a statement of the relevant decision and his grounds of appeal;

(b)any supporting documents;

(c)where the appellant is permitted to adduce witness evidence—

(i)a list of any proposed witnesses;

(ii)a witness statement from each proposed witness; and

(d)if he consents to the appeal being determined without a hearing, notice in writing that he so consents.

(5) For the purposes of paragraph (4)(c)—

(a)an appellant is only permitted to adduce witness evidence where he is relying on the ground of appeal set out in regulation 4(4)(b) or 5(6)(b);

(b)a “proposed witness” is a person—

(i)whom the appellant wishes to call to give evidence at the hearing;

(ii)whose evidence was not and could not reasonably have been considered at the original hearing; and

(iii)whose evidence could have materially affected the relevant decision.

(6) The appellant shall supply the documents mentioned in paragraph (4) before the end of—

(a)20 working days beginning with the first working day after the day on which he is supplied with a copy of the transcript under paragraph (3); or

(b)where no transcript has been requested under regulation 6(3), 35 working days beginning with the first working day after the day on which he gave notice of the appeal to the Board.

(7) The Board shall give a copy of the documents supplied under paragraph (4) to the respondent as soon as practicable following receipt.

(8) The respondent shall, before the end of 20 working days beginning with the first working day after the day on which he receives the documents given to him under paragraph (7), supply to the Board—

(a)a statement of his response to the appeal;

(b)any supporting documents;

(c)where the respondent is permitted to adduce witness evidence—

(i)a list of any proposed witnesses;

(ii)a witness statement from each proposed witness; and

(d)if he consents to the appeal being determined without a hearing, notice that he so consents.

(9) For the purposes of paragraph (8)(c)—

(a)a respondent is only permitted to adduce witness evidence where the appellant is relying on the ground of appeal set out in regulation 4(4)(b) or 5(6)(b);

(b)a “proposed witness” is a person—

(i)whom the respondent wishes to call to give evidence at the hearing; and

(ii)whose evidence is relevant to all or part of the evidence on which the appellant is relying for the purposes of regulation 4(4)(b) or 5(6)(b).

(10) The respondent shall at the same time as supplying the documents referred to in paragraph (8), give the appellant a copy of those documents.

(11) On receipt of the documents supplied under paragraph (8), the Board shall give to the chair a copy of the documents supplied under paragraphs (2), (4) and (8).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources