Appeals to Police Appeals Tribunal 4.1.9 Flashcards
Principals 4.1.9
The Police Appeals Tribunals Rules 2012
Where appeal possible 4.1.9
An officer has the right to appeal any Hearing or Special Case outcome (non-senior)
A senior officer can additionally appeal any meeting outcome
An officer may not appeal where has accepted M or GM
Any non-senior officer can appeal any finding/outcome of Third Stage meeting under Performance Regulations to reduce rank. Additionally if this has gone bypassing stage 1 and 2, the officer may appeal against:
Redeployment to alternative duties
Issue of a final written improvement notice
Issue of written improvement notice
Composition and Timing 4.1.9.1
Non senior ranks, will comprise of
A legally qualified chair - held by Home Office
Representative of the local Policing Body - MOPAC for London
Serving senior officer (ACPO Ranks)
Retired member of a police force who was a member of the Police Superintendents Association or Police Federation for Federated Ranks
Should take place as soon as practicable but no later than 3 months after determination by chair that a hearing should be held
Grounds for Appeal 4.1.9.2
Not a re-hearing - there must be specific grounds
Finding or disciplinary action imposed was unreasonable
Evidence could not reasonably considered
Breach of process
Finding of unsatisfactory performance or attendance or gross incompetence or the outcome imposed was unreasonable
Evidence could not reasonably considered
Breach of procedures
Where officer was required to attend where they should not have been
Notice 4.1.9.3
Officer writes to the ‘Relevant’ Local Policing Body within 10 days +1 after receipt of the determination they are appealing.
If after that time can still be submitted BUT will be the Tribunal Chair to determine acceptance.
Procedures 4.1.9.4
Provide to the local policing body within 15+1 days:
A copy of the decision appealed against
Any documents
Relevant transcript of proceedings
The appellant (officer) shall provide
Notice, decision, grounds for appeal
Supporting docs
Where allowed, call witnesses - a list, a witness statement
A notice in writing that appellant consents to be determined without hearing, if they so wish
Determination of appeal 4.1.9.5
When the Tribunal Chair allows an appeal to go forward to a hearing to Policing Body shall forward all members of the tribunal all relevant papers
If there is a Tribunal Hearing then the Chair who made THAT decision should be the Chair
This may not be necessary, especially if the appellant has agreed
Legal representation 4.1.9.6
The appellant is entitled to legal representation and also a Police Friend, if they so wish
Procedures at hearing 4.1.9.7
Where this is to go to a hearing
Notice in writing, at least 20 working days prior to the hearing date, though this can be less with the agreement of both parties
Witnesses only if relevant, and for the Tribunal Chair to determine
Discretion to proceed without one of the parties
No other person no concerned directly, except for one for the purpose of training, and held in private
Attendance of other persons 4.1.9.8
Where the original case dealt with a complaint, the complainant or interested person will be given the opportunity to attend. IOPC may attend to observe only
Determination and Outcome 4.1.9.9
No requirement to be unanimous
The Chair has casting vote
The Tribunal has power to reduce, uphold or increase outcome
The decision to be made on the day
The written outcome within 3 days of the date of determination
A police officer re-instated is deemed to have served continuously and paid and at same rank.
