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Police and Magistrates' Courts Act 1994

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This is the original version (as it was originally enacted).

33For section 102 of that Act (representation at disciplinary proceedings) there shall be substituted—

102Representation at disciplinary and other proceedings.

(1)A police officer of the rank of superintendent or below may not be dismissed, required to resign or reduced in rank by a decision taken in proceedings under regulations made in accordance with section 33(3)(a) of the [1964 c. 48.] Police Act 1964 unless he has been given an opportunity to elect to be legally represented at any hearing held in the course of those proceedings.

(2)Where an officer makes an election to which subsection (1) above refers, he may be represented at the hearing, at his option, either by counsel or by a solicitor.

(3)Except in a case where an officer of the rank of superintendent or below has been given an opportunity to elect to be legally represented and has so elected, he may be represented at the hearing only by another member of a police force.

(4)Regulations under section 33 of the [1964 c. 48.] Police Act 1964 shall specify—

(a)a procedure for notifying an officer of the effect of subsections (1) to (3) above,

(b)when he is to be notified of the effect of those subsections, and

(c)when he is to give notice whether he wishes to be legally represented at the hearing.

(5)If an officer—

(a)fails without reasonable cause to give notice in accordance with the regulations that he wishes to be legally represented; or

(b)gives notice in accordance with the regulations that he does not wish to be legally represented,

he may be dismissed, required to resign or reduced in rank without his being legally represented.

(6)If an officer has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.

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