(1) Where—
(a) an inspector, subordinate officer or constable is dissatisfied with a decision given by the Commissioner of Police, on the determination of a charge for an offence against police force discipline, he or she may within 7 days after such decision has been communicated to him or her appeal to the Public Service Board of Appeal;
(b) an inspector, subordinate officer or constable is dissatisfied with the decision of a gazetted officer other than the Commissioner of Police, he or she may within 7 days after the gazetted officer's decision has been communicated to him or her appeal to the Commissioner of Police and if he or she is dissatisfied with the decision of the Commissioner of Police he or she may appeal to the Public Service Board of Appeal within 7 days after the decision of the Commissioner of Police has been communicated to him or her.
However, there is no right of appeal where the punishment is only a caution or reprimand or against findings of guilty in cases where the police officer has admitted the charge.
(2) An appeal under subsection (1) shall be sent or delivered to the gazetted officer against whose decision the appeal is made and he or she shall forward it to the Commissioner of Police or to the Public Service Board of Appeal case may be.
(3) Where any appeal is made the notes of evidence in the case, together with any statement which may be made by the offender in his or her defence, shall be forwarded to the Commissioner of Police or the Public Service Board of Appeal as the case may be.
(4) The Commissioner of Police or the Public Service Board of Appeal as the case may be, after considering the appeal and the notes of evidence and statements and other documents submitted to him or her by virtue of subsection (3) shall either—
(a) allow the appeal;
(b) dismiss the appeal; or
(c) vary the punishment by substituting some other punishment which the gazetted officer might have awarded.
(5) Every appeal under this section shall be in writing and the decision of the Commissioner of Police (if there is no further appeal) or the Public Service Board of Appeal shall be final.
(6) Every appeal under this section shall have the effect of suspending the execution of the decision appealed therefrom until the appeal has been disposed of.
(Amended by Act of 17 of 1970)