Page:Police and Criminal Evidence Act 1984.pdf/100

94c. 60


 * except where he has a right of appeal to some other person; and in that case he may appeal to the Secretary of State from any decision of that other person.
 * (2) On an appeal the Secretary of State may make an order allowing or dismissing the appeal.
 * (3) Subject to subsection (4) below, in any case where it appears to him that it is appropriate to do so, he may substitute some other punishment.
 * (4) The Secretary of State may not substitute another punishment unless it appears to him-
 * (a) that the person or tribunal who heard the disciplinary charge could have awarded it; and
 * (b) that it is less severe than the punishment awarded by that person or tribunal.
 * (5) The Secretary of State may direct an appellant to pay the whole or any part of his own costs; but, subject to any such direction, all the costs and expenses of an appeal under this section, including the costs of the parties, shall be defrayed out of the police fund.
 * (6) Schedule 5 to this Act shall have effect in relation to any appeal under this section.”.

(2) The following Schedule shall be substituted for Schedule 5 to that Act— SCHEDULE 5 Notice of appeal
 * 1. Any appeal under section 37 of this Act (in this Schedule referred to as ‘the principal section’) shall be instituted by giving a notice of appeal within the time prescribed under this Schedule.

Respondent
 * 2.—(1) On any appeal under the principal section against the decision of a police authority the respondent shall be that authority.
 * (2) On any other appeal under that section the respondent shall be the chief officer of police of the police force to which the appellant belongs or such other person as the Secretary of State may direct; and the Secretary of State may direct any respondent under this sub-paragraph to act in relation to the