The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017

New rule 5A

14.  After rule 5 (circumstances in which a police officer may appeal to a tribunal) insert—

“Circumstances in which a former police officer may appeal to a tribunal

5A.— (1) Subject to paragraph (3), a former police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against—

(a) the finding referred to in paragraph (2)(a) or (b) made under the Conduct Regulations; or

(b) any decision to impose disciplinary action under the Conduct Regulations in consequence of that finding,

or both.

(2) This paragraph applies to—

(a) a former police officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or

(b) former police officer against whom a finding of gross misconduct has been made at a special case hearing.

(3) A former police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a) or (b) where that finding was made following acceptance by the former officer that his conduct amounted to misconduct or gross misconduct (as the case may be).

(4) The grounds of appeal under this rule are—

(a) that the finding or decision to impose disciplinary action was unreasonable;

(b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision to impose disciplinary action; or

(c) that there was a breach of the procedures set out in the Conduct Regulations, the Police (Complaints and Misconduct) Regulations 2012 or Schedule 3 to the 2002 Act, or other unfairness which could have materially affected the finding or decision to impose disciplinary action.”.