The Police Appeals Tribunals Rules 2020

Statement of tribunal's determination E+W

26.—(1) The tribunal must determine whether the ground or grounds of appeal on which the appellant relies have been made out.

(2) Where the tribunal determines that a ground of appeal under rule 4(4)(b) or (c), rule 5(6)(b) or (c) or rule 6(4)(b) or (c) has been made out, the tribunal may set aside the relevant decision and remit the matter to be decided again in accordance with the relevant provisions of the Conduct Regulations or the Performance Regulations (as the case may be).

(3) Where the tribunal remits the matter under paragraph (2) and the relevant decision was the decision of a panel (“the original panel”), the matter must be decided by a fresh panel which is constituted in accordance with the relevant provisions of the Conduct Regulations or the Performance Regulations (as the case may be) but does not contain any of the members of the original panel.

(4) The determination of the tribunal must be based on a simple majority but must not indicate whether it was taken unanimously or by a majority.

(5) The chair must prepare a written statement of the tribunal's determination of the appeal and of the reasons for the decision.

(6) Paragraph (7) applies in a case where information in relation to the appellant which is included in the police barred list has been published by the College of Policing under section 88G(2) of the Police Act 1996 (publication of information in police barred list) M1 .

(7) The chair may include in the written statement any representations that the chair considers it appropriate to make in relation to the appellant and the question mentioned in regulation 11(2) of the Police Barred List and Police Advisory List Regulations 2017 M2 .

(8) As soon as reasonably practicable after the determination of the appeal, the chair must cause the appellant, the respondent, the relevant person and, where functions have been delegated under rule 6, the relevant local policing body to be given a copy of the written statement; but, in any event, the appellant must be given written notice of the decision of the tribunal before the end of 3 working days beginning with the first working day after the day on which the appeal is determined.

(9) Where the relevant decision arose from a complaint to which paragraph 19A of Schedule 3 to the 2002 Act (special procedure where investigation relates to police officer or special constable) applies, the relevant person must notify the complainant and any interested person of the decision of the tribunal.

(10) Where the appeal is a specified appeal, the relevant person must notify the Director General of the decision of the tribunal except where the Director General is presenting the case in accordance with rule 12(1).

(11) The chair must require the relevant police force to publish during the notification period—

(a) subject to paragraph (15), the statement prepared in accordance with paragraph (5), and

(b) the report of the persons conducting the misconduct hearing or accelerated misconduct hearing, but only if and to the extent that this has been published under regulation 43(7) or, as the case may be, 63(6) of the Conduct Regulations.

(12) In this rule, the notification period is the period of 10 working days beginning the day after the day on which the hearing is concluded.

(13) Where the chair requires publication to take place in accordance with paragraph (11), the relevant police force must publish the information on its website for a period of no less than 28 days.

(14) Prior to publication of a statement under paragraph (11)(a), the relevant police force may redact the document–

(a) in so far as the force considers redaction is—

(i) necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings;

(ii) necessary in the interests of national security;

(iii) necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders;

(iv) necessary for the purpose of the prevention or detection of misconduct by other police officers or police staff members or their apprehension for such matters;

(v) necessary and proportionate for the protection of the welfare and safety of any informant or witness;

(vi) otherwise in the public interest, and

(b) in line with any restrictions imposed on the disclosure of information during the course of the proceedings.

(15) The chair may dispense with the requirement to publish the statement under paragraph (11)(a) if in the particular circumstances of the case the chair considers it is appropriate to do so on any of the grounds set out in paragraph (14)(a) or (b).

(16) In making a decision under paragraph (15), the chair may have regard to any representations—

(a) provided under rule 18(7);

(b) made at the hearing.

(17) Paragraphs (11) to (16) do not apply to an appeal brought in accordance with rule 5.

(18) In paragraph (3), “panel” includes a person who conducted an accelerated misconduct hearing under the Conduct Regulations.

Commencement Information

I1 Rule 26 in force at 1.2.2020, see rule 1

Marginal Citations

M1 Section 88G was inserted by section 30 of, and Schedule 8 to, the Policing and Crime Act 2017.

M2 S.I. 2017/1135.