Regulation 39 Appeal meeting

(1)

This regulation applies where the officer concerned requests a meeting in his written notice of appeal under regulation 38(3).

(2)

The person determining the appeal shall determine whether the notice of appeal sets out arguable grounds of appeal and—

(a)

if he determines that it does he shall hold an appeal meeting with the officer concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination; and

(b)

if he determines that it does not, he shall dismiss the appeal.

(3)

The person determining the appeal may extend the time period specified in paragraph (2)(a) where he considers that it would be in the interests of justice to do so.

(4)

The person determining the appeal shall specify a date and time for the appeal meeting.

(5)

Where—

(a)

the officer concerned or his police friend will not be available at that time; and

(b)

the officer concerned proposes an alternative time which satisfies subsection (6),

the appeal meeting shall be postponed to the time proposed by the officer concerned.

(6)

An alternative time must—

(a)

be reasonable; and

(b)

fall before the end of 5 working days beginning with the first working day after the day specified by the person determining the appeal.

(7)

Written notice of the date, time and place of the appeal meeting shall be given to—

(a)

the officer concerned;

(b)

where the misconduct meeting arose from a complaint which was certified as subject to special requirements under paragraph 19B(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct), the complainant; and

(c)

where the misconduct meeting arose from a conduct matter to which paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) applied, any interested person.

(8)

Prior to the appeal meeting the appropriate authority shall supply the person determining the appeal with a copy of—

(a)

the documents given to the person who held the misconduct meeting as specified in regulation 28(1);

(b)

the notice of appeal given by the officer concerned under regulation 38(3);

(c)

the record of the misconduct meeting taken under regulation 37(1); and

(d)

any evidence of a kind referred to in regulation 38(2)(b) that the officer concerned wishes to submit in support of his appeal.