OpenLegislation

Section 85 Appeals against decisions made in disciplinary and other proceedingsF1C1

England and Wales

F2(1)

The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable F3, or a former member of a police force or a former special constable, may appeal to a police appeals tribunal.

(F41A)

The Secretary of State may by rules make provision enabling a chief officer of police for a police area to appeal to a police appeals tribunal against a decision made in proceedings relating to—

(a)

a member or former member of the police force maintained for that area, or

(b)

a special constable or former special constable appointed for that area.

(1B)

The Secretary of State may by rules make provision enabling a local policing body to appeal to a police appeals tribunal against a decision made in proceedings relating to—

(a)

the chief officer of police of the police force for which the body is responsible, or

(b)

any former chief officer of police of that police force.

(1C)

The Secretary of State may by rules 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.

(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.

C2(3)

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

F6(4)

Rules made under this section may, in particular, make provision—

(a)

for enabling a police appeals tribunal, in such circumstances as are specified in the rules, 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 within the meaning of section 84, or

(ii)

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

(c)

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

and rules 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 rules.

(4A)

Rules under this section may make different provision for different cases and circumstances.

F7(5)

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

(5A)

Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 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.

(6)

Schedule 6 shall have effect in relation to appeals under this section.

Annotations

Textual amendments

F1

Words in s. 85 heading 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(2)(a), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)

F2

S. 85(1)(2) substituted (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 8(2); S.I. 2008/2712, art. 2, Sch. para. 16(c) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F3

Words in s. 85(1) 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), ss. 29(5), 183(1)(5)(e); S.I. 2017/1139, reg. 2(a) (as amended by S.I. 2017/1162, reg. 2)

F4

S. 85(1A)-(1C) 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(2)(b), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)

F5

Words in s. 85(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(2)(c), 255(1)(2)(h); S.I. 2026/960, reg. 3(b)

F6

S. 85(4)(4A) substituted for s. 85(4) (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 8(3) (with Sch. 27 para. 35); S.I. 2008/2712, art. 2, Sch. para. 16(c) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

F7

S. 85(5)(5A) substituted for s. 85(5) (3.11.2008 for specified purposes, 1.12.2008 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 8(4); S.I. 2008/2712, art. 2, Sch. para. 16(c) (with art. 4); S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)

Modifications

C1

S. 85 excluded (31.3.1999) by S.I. 1999/533, art. 3(2)

S. 85 applied (1.4.1999) by S.I. 1999/731, reg. 15(6)

C2

S. 85(2)-(5) applied (31.10.1997) by 1997 c. 50, s. 82(2); S.I. 1997/2390, art. 2(2)(r)