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Police Act 1964

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Part IIE+W Central Supervision, Direction and Facilities

Functions of Secretary of StateE+W

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[F2137 Disciplinary appeals to Secretary of State.E+W
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Amendments (Textual)

(1)A member of a police force who is dealt with for an offence against discipline may appeal to the Secretary of State—

(a)against the decision on the disciplinary charge which was preferred against him;

(b)against any punishment awarded, except where he has a right of appeal to some other person; and in that case he may appeal to the Secretary of State from any decision of that other person.

(2)On an appeal the Secretary of State may make an order allowing or dismissing the appeal.

(3)Subject to subsection (4) below, in any case where it appears to him that it is appropriate to do so, he may substitute some other punishment.

(4)The Secretary of State may not substitute another punishment unless it appears to him—

(a)that the person or tribunal who heard the disciplinary charge could have awarded it; and

(b)that it is less severe than the punishment awarded by that person or tribunal.

(5)The Secretary of State may direct an appellant to pay the whole or any part of his own costs; but, subject to any such direction, all the costs and expenses of an appeal under this section, including the costs of the parties, shall be defrayed out of the police fund.

(6)Schedule 5 to this Act shall have effect in relation to any appeal under this section.]

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