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Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

94Disciplinary tribunals

(1)Where a chief officer of police prefers a disciplinary charge in respect of a matter to which a memorandum under section 90 above relates, this section applies—

(a)to the hearing of any charge in pursuance of a direction under section 93 above ; and

(b)to the hearing of any other charge to which the Authority direct that it shall apply.

(2)The Authority may direct that this section shall apply to the hearing of a charge if they consider that to be desirable by reason of any exceptional circumstances affecting the case.

(3)Where this section applies to the hearing of a disciplinary charge—

(a)the function of determining whether the accused is guilty of the charge shall be discharged by a tribunal consisting of—

(i)a chairman who shall, subject to subsection (4) below, be the chief officer of police by whom that function would fall to be discharged apart from this section; and

(ii)two members of the Authority nominated by the Authority, being members who have not been concerned with the case ; and

(b)the function of determining any punishment to be imposed shall, subject to subsection (7) below, be discharged by the chairman after consulting the other members of the tribunal.

(4)Where—

(a)the accused is a member of the metropolitan police force; and

(b)the function of determining whether he is guilty of the charge would, apart from this section, fall to be discharged by a person or persons other than a chief officer of police (whether the Commissioner of Police of the Metropolis or the chief officer of another police force),

the chairman of the tribunal shall be—

(i)a person nominated by the Commissioner, being either an Assistant Commissioner of Police of the Metropolis or an officer of the metropolitan police force of such rank as may be prescribed by regulations made by the Secretary of State; or

(ii)in default of any such nomination, the Commissioner.

(5)The Secretary of State may by regulations provide for the procedure to be followed by tribunals constituted under this section.

(6)The decision of the tribunal as to whether the accused is guilty of the charge may be a majority decision.

(7)Where—

(a)the chairman of the tribunal is not the chief officer of police of the police force to which the accused belongs ; and

(b)that chief officer is neither interested in the case otherwise than in his capacity as such nor a material witness,

the function of determining any punishment to be imposed shall be discharged by that chief officer after considering any recommendation as to punishment made by the chairman.

(8)Before making any recommendation the chairman shall consult the other members of the tribunal.

(9)Where—

(a)this section applies to the hearing of a disciplinary charge; and

(b)there is another disciplinary charge against the accused which, in the opinion of the chief officer of police of the police force to which he belongs, can conveniently and fairly be determined at the same time,

the chief officer may direct that this section shall apply also to the hearing of the other charge.

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