Section 4A Appeals against dismissal etc.F1

United Kingdom

(1)

The Secretary of State shall by regulations—

(a)

make provision specifying the cases in which a memberF2, or former member, of the Ministry of Defence Police may appeal to a police appeals tribunal;

(F3aa)

make provision enabling the chief constable of the Ministry of Defence Police to appeal to a police appeals tribunal against a decision relating to—

(i)

a member of the Ministry of Defence Police other than a senior officer, or

(ii)

a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer;

(ab)

make provision enabling the Secretary of State to appeal to a police appeals tribunal against a decision relating to—

(i)

a senior officer of the Ministry of Defence Police, or

(ii)

a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer;

(ac)

make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case;

(ad)

make provision enabling the Police Ombudsman for Northern Ireland to appeal to a police appeals tribunal against a decision made in proceedings at which the Ombudsman presented the case;

(b)

make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made (or authorised to be made) in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the F4Police and Fire Reform (Scotland) Act 2012.

(2)

A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the F5person to whom the appeal relates in any way in which he could have been dealt with by the person who made the decision appealed against.

(3)

The Secretary of State may make regulations as to the procedure on appeals to police appeals tribunals under this section.

(4)

Regulations under this section may, in particular, make provision—

(a)

for enabling a police appeals tribunal, in such circumstances as are specified in the regulations, to determine a case without a hearing;

(b)

for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—

(i)

by a relevant lawyer, or

(ii)

by a person who falls within any description of persons prescribed by the regulations;

(c)

for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,

and regulations made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the regulations.

(F64A)

Regulations under this section may provide for decisions relating to appeals which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—

(a)

a person appointed in accordance with the regulations, or

(b)

the Ministry of Defence Police Committee.

(5)

Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first regulations made under this section after the commencement of paragraph 16 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(7)

In this section—

“police appeals tribunal” means a tribunal constituted in accordance with regulations under this section;
“relevant lawyer” has the same meaning as in section 4.
F7“senior officer” has the same meaning as in section 4.

Annotations

Textual amendments

F1: S. 4A substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 16 (with Sch. 27 para. 35); S.I. 2009/3074, art. 2(r)
F2: Words in s. 4A(1)(a) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 7 para. 4; S.I. 2017/1139, reg. 2(b) (as amended by S.I. 2017/1162, reg. 2)
F3: S. 4A(1)(aa)-(ad) inserted (29.4.2026 for specified purposes, 29.9.2026 in so far as not already in force) by Crime and Policing Act 2026 (c. 20), ss. 204(9)(a), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)
F4: Words in s. 4A(1)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 20(6)
F5: Words in s. 4A(2) substituted (29.4.2026 for specified purposes, 29.9.2026 in so far as not already in force) by Crime and Policing Act 2026 (c. 20), ss. 204(9)(b), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)
F6: S. 4A(4A) inserted (29.4.2026 for specified purposes, 29.9.2026 in so far as not already in force) by Crime and Policing Act 2026 (c. 20), ss. 204(9)(c), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)
F7: Words in s. 4A(7) inserted (29.4.2026 for specified purposes, 29.9.2026 in so far as not already in force) by Crime and Policing Act 2026 (c. 20), ss. 204(9)(d), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)