Advanced Search

Police - Appeals (Ss 37-39)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

37.     Appeals

          (1) A police officer who has been convicted and sentenced by a Board at first instance or by the Permanent Secretary to the President or the Commissioner on review or who has been dismissed or removed from office under this Act may appeal against sentence or conviction and sentence, dismissal or removal to the Police Council.

          (2) The Police Council may dismiss an appeal under subsection (1) or allow it in whole or in part; but the Council shall have no power to substitute for a conviction recorded and the punishment awarded by the Board at first instance or by the Permanent Secretary to the President or the Commissioner on review in respect of any offence a conviction and punishment in respect of a different offence, whether that different offence was or was not charged.

          (3) Notice of intention to appeal against conviction or sentence shall be given within seven days of the convicted officer being notified of the confirmation or review under section 29 and shall be given in writing to his immediate senior officer commander for onward transmission to the Police Council.

          (4) An appellant shall indicate the grounds for his appeal in writing to the Police Council and to the Commissioner within 14 days of being notified of the conviction being confirmed or reviewed under section 29.

          (5) The result of an appeal shall be notified in writing to the appellant.

38.     Appeals procedure

          (1) The Police Council may, when considering an appeal, require the appearance of any witness, or any additional witnesses, and may require the production of such evidence as it deems necessary.

          (2) Subject to this Act, the Police Council may regulate its own procedure.

          (3) The Commissioner, when exercising the powers of an appellate authority over decisions of Branch Commanders to whom authority to review the disciplinary proceedings has been delegated may exercise any power granted to the Council by this section.

39.     Application of section 31 to proceedings before Police Council

          Section 31 shall apply in respect of proceedings before the Police Council and the Commissioner under this Part as it applies in respect of proceedings under Part V; and for this purpose-

    (a)     the reference in section 31 to any person summoned as a witness under section 30 shall be deemed to be a reference to any witness or additional witness whose appearance is required by the Police Council under section 38;

    (b)     the reference in section 31 to the Board shall be deemed to be a reference to the Police Council; and

    (c)     the reference in section 31 to any proceedings under Part V shall be deemed to be a reference to any proceedings under this Part.