Page:Police and Criminal Evidence Act 1984.pdf/99

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102.—(1) On the hearing of a disciplinary charge against a police officer of the rank of chief superintendent or below the punishment of dismissal, requirement to resign or reduction in rank may not be awarded unless he has been given an opportunity to elect to be legally represented at the hearing.

(2) Where such an officer so elects, he may be represented at the hearing, at his option, either by counsel or by a solicitor.

(3) Except in a case where such an officer has been given an opportunity to elect to be legally represented and has so elected, he may only be represented at the hearing of a disciplinary charge by another member of a police force.

(4) Regulations under section 33(2)(e) of the Police Act 1964 shall specify—
 * (a) a procedure for notifying an officer of the effect of subsections (1) to (3) above;
 * (b) when he is to be so notified and when he is to give notice whether or not he wishes to be legally represented at the hearing.

(5) If an officer—
 * (a) fails without reasonable cause to give notice in accordance with the regulations that he wishes to be legally represented; or
 * (b) gives notice in accordance with the regulations that he does not wish to be legally represented,

any such punishment as is mentioned in subsection (1) above may be awarded without his being legally represented.

(6) If an officer has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.

103.—(1) The following section shall be substituted for section 37 of the Police Act 1964—
 * 37.—(1) A member of a police force who is dealt with for an offence against discipline may appeal to the Secretary of State—
 * (a) against the decision on the disciplinary charge which was preferred against him;
 * (a) against the decision on the disciplinary charge which was preferred against him;

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