The National Crime Squad (Senior Police Members) (Appeals) Order 1998

Statement by respondent

11.—(1) The respondent shall, not later than 21 days after the date on which a copy of the notice of appeal and supporting statements are sent to it under article 10(6), send to the Registrar a statement as to whether or not the respondent intends to oppose the appeal and, where it desires to oppose it, as to—

(a) the facts and contentions on which it relies and the documentary or other evidence, if any, which it desires to submit;

(b) whether it desires to appear at any hearing by a legal or other representative; and

(c) whether (unless the appeal is against punishment only), in any such event, the hearing would be one to which article 19 applies and, if so, the name and address of the complainant within the meaning of that article.

(2) The respondent shall also send to the Registrar—

(a) a copy of the report of the disciplinary hearing; and

(b) a copy of the discipline form prepared in connection with the disciplinary hearing.

(3) The respondent, if so required by the Registrar on behalf of the Chairman of the tribunal, shall also send him such number of copies as he may require of such papers, reports, records and other documents as the Chairman may specify, by such date as may have been specified in the requirement.

(4) The respondent shall send to the appellant—

(a) a copy of the statement sent to the Registrar under paragraph (1); and

(b) a list of the documents copies of which have been sent to the Chairman in accordance with paragraph (3) together with copies of all such documents save in so far as they have previously been given to the appellant.

(5) On receipt of the statement of the respondent and any documents sent under paragraphs (2) and (3) the Registrar shall provide each member of the NCS appeals tribunal with a copy of the statement and those documents.

(6) Where, as respects a particular charge, the appeal is against both finding and punishment the Registrar shall, so far as is practicable, withhold so much of the statement in paragraph (1) and documents mentioned in paragraph (3) as appear to him to relate to the appellant’s general character and record of National Crime Squad and police service until the NCS appeals tribunal has reached a decision as to the finding and is about to consider the question of punishment.

(7) Where the Registrar is satisfied, on the application of the respondent, that by reason of the special circumstances of the case it is just and right to do so, he may extend the period mentioned in paragraph (1) and, in such case, paragraph (1) shall have effect as if for the period in question there were substituted such extended period as he may specify.