Page:Police and Criminal Evidence Act 1984.pdf/101

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Inquiries
 * 3.—(1) The Secretary of State may appoint three persons to hold an inquiry into and report to him on any appeal under the principal section other than an appeal from a decision of a police authority and, subject to sub-paragraph (2) below, shall do so where-
 * (a) it appears to him that the appeal cannot be properly determined without taking evidence; or
 * (b) the appellant has been punished by way of dismissal, requirement to resign or reduction in rank and has requested that such persons be appointed.
 * (2) The Secretary of State need not make an appointment under sub-paragraph (1) above if he is satisfied that there are sufficient grounds for allowing the appeal without an inquiry.
 * (3) The persons appointed under sub-paragraph (1) above shall be-
 * (a) a barrister or solicitor, who shall be chairman;
 * (b) a serving or retired inspector of constabulary or a retired chief officer; and
 * (c) a retired officer of appropriate rank within the meaning of sub-paragraph (4) below.
 * (4) A retired officer of appropriate rank means-
 * (a) where the appellant was, immediately before the disciplinary proceedings, of the rank of chief superintendent or superintendent, a retired police officer who at the time of his retirement was of either of those ranks; and
 * (b) in any other case, a retired police officer who at the time of his retirement was of the rank of chief inspector or below.
 * (5) The Secretary of State may appoint one or more persons to hold an inquiry into and report to him on an appeal under the principal section from a decision of a police authority.
 * (6) The Secretary of State may require persons appointed under this paragraph to deal in their report with any particular matter specified by him.