Police Act (Cap. 164), article 34B

34B. (1) A member of the Force shall have a right of appeal to the Police Disciplinary Appeals Board in accordance with this a rticle against a recommendation of a finding of guilt and any correspo nding penalty imposed by the Commissioner of Police relating to minor offences set out in the Second S chedule, or where the member of the Force can prove that there has been a gross disregard of the pr ocedures laid down in this Title and such disregard had prejudiced his i nterests. (2) Notice of appeal under sub-article (1), setting out the grounds of the appeal, shall be communicated, in writing, to the Secretary of the Police Disciplinary Appeals Board by not later than ten working days from the date on which the decision was notified t o the member of the Force concerned. A copy of the notice of appeal s hall concurrently be sent by the member of the Force to the Commissi oner of Police. (3) On receiving a copy of a notice of appeal, the Commissioner of Police shall, by not later than ten working days , transmit to the Police Disciplinary Appeals Board the relevant documentation re lating to the case, including the repor t of the Disciplinary Board. (4) The Secretary of the Police Disciplinary Appeals Board shall acknowledge the receipt of the notice of appeal made unde r this article and any appeal received af ter the time period of ten wo rking days established in sub-article (2) shall not be considered by the Police Disciplinary Appeals Board. (5) If the Police Disciplinary Appeals Board is of the opinion that the appeal merits considerat ion in terms of sub-article (1 ), it may give an opportunity to the member of the Force charged and to the Commissioner of Police to make oral representations; but the Po lice Disciplinary Appeals Board shall otherwise regulate its own pro cedure in dealing with the appeal. (6) The Police Disciplinary Appeals Board, after considering the grounds for appeal, the reco rd of the proceedings, and any oral representations, shall proceed to decide whether the decision o f the Commissioner of Police shall be confirmed as to the guilt of th e appellant and, or the penalty imposed, or that the Commissioner of Police should amend or revoke it. (7) The Police Disciplinary Appeals Board shall inform the appellant of the outcome of the appeal. (8) Nothing in this article shall prevent the Police Disciplinar y POLICE ACT [CAP. 164. 15 Appeals Board, either before the hearing or at any time during the hearing of an appeal, from summarily dismissing or disallowing an appeal without hearing it or without hearing it any further as the case may be, on the grounds that an appeal is frivolous or vexatious or one that should not otherwise ha ve been brought or made. Suspension of penalty pending appeal. Added by: LVII.2021.11.