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Nauru Police Force Act 1972 - Police (Appeals) Rules 1972

REPUBLIC OF NAURU

NAURU POLICE FORCE ACT 1972

POLICE (APPEALS) RULES 1972
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IN EXERCISE of the powers conferred on me by section 37 of
the Nauru Police Force Act 1972, I hereby make the following Rules –

SHORT TITLE

1. These Rules may be cited as the Police (Appeals) Rules 1972.

INTERPRETATION

2. In these Rules, unless the context otherwise requires –

"the Chairman" means the Chief Justice as Chairman of the Board;

"the Registrar" means the Registrar of the Supreme Court.

NOTICE OF APPEAL

3. (1) An appeal to the Police Service Board under section 37 of the Act shall be commenced by delivering to the Registrar a notice in the form set out in the First Schedule to these Rules.

(2) The Registrar shall forthwith prepare carbon, or photographic, copies of the notice of appeal and deliver a copy to the Director.

RECORD OF PROCEEDINGS BEFORE DIRECTOR

4. (1) Upon receipt of the notice referred to in the last preceding rule, the Director shall forthwith prepare a typed copy of the charge and of the proceedings before him in respect of which the appeal is brought, and six carbon, or photographic, copies of such copy, certify them as correct and deliver them to the Registrar. The Director shall also prepare a list of all previous breaches of discipline, if any, by the appellant and the orders made on them and send it to the Registrar with six carbon, or photographic, copies thereof and with seven copies, which may be typed, carbon or photographic, of all relevant letters, memoranda and other documents, if any, sent to or received from the appellant.

(2) The Registrar, upon receiving the copies of the charge and the proceedings and the list and copies referred to in the last preceding paragraph, shall forthwith send one copy of each to each member of the Board, and to the appellant and shall send to each member of the Board a copy of the notice of appeal.

SETTING APPEAL DOWN FOR HEARING

5. The Chairman shall appoint a time and place for the appeal to be heard by the Board and the Registrar shall send to the appellant, the Director and the other members of the Board written notice thereof.

REPRESENTATION

6. (1) At the hearing the appellant's case may be conducted, at his option, either by himself or by another police officer chosen by him or, at his own expense, by a barrister and solicitor or a pleader.

(2) The case for upholding the Director's findings and order shall not be presented by the Director but may be presented by an officer of the Department of Justice or a police officer appointed to do so by the Director.

HEARING

7. (1) The hearing of the appeal shall proceed on the record of the proceedings before the Director and no additional evidence shall be given save with the leave, or at the direction, of the Board:

Provided that the Board may take account of previous breaches of discipline, if any, and letters, memoranda or other documents, if any, sent to or received from the appellant of which copies have been sent to the Registrar by the Director under Rule 4.

(2) Except with the leave of the Board, the appellant shall not argue any ground of appeal not set out in his notice of appeal.

(3) The procedure for the presentation by each party of his case and of any evidence allowed by the Board shall be such as the Board shall determine:

Provided that the Board shall afford to each party adequate opportunity to present his case.

APPLICATION TO EXTEND TIME FOR APPEALING

8. (1) An application under subsection (3) of section 37 of the Act for the Board to extend the time for appealing shall be in the form set out in the Second Schedule to these Rules and shall be delivered by the applicant to the Registrar, who shall forthwith prepare carbon, or photographic, copies thereof.

(2) The Registrar shall deliver a copy of the application to the Director who shall forthwith deliver to the Registrar the record of the proceedings before him.

(3) The Chairman shall appoint a time and place for the hearing of the application and the Registrar shall send to the applicant, the Director and the other members of the Board written notice thereof accompanied, in the case of the members of the Board, by a copy of the application.

(4) The provisions of Rule 6 shall apply mutatis mutandis to the hearing of the application.

(5) If the application is granted, the applicant shall be deemed to have given notice of appeal and the Registrar shall return to the Director the record of the proceedings before him so that he may prepare copies as required by paragraph (1) of Rule 4.

DECISIONS OF THE BOARD

9. The decision of the majority of the members of the Board, in respect of any appeal or any application to extend the time for appealing, shall be the decision of the Board.

MADE at Yaren this 19th day of June, 1972.

I. R. THOMPSON

Chief Justice

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FIRST SCHEDULE

(Rule 3)

NOTICE OF APPEAL

To the Police Service Board.

On the ................... day of .............................. 19........ the Director of Police found me guilty of the following offence(s) –

(set out offence(s) as charged)

and imposed the following punishment(s) –

(set out punishment(s) imposed)

I hereby give notice of appeal against -

*(a) the finding of guilt in respect of (state offence(s) in respect of which appeal is brought against the finding of guilt);

*(b) the punishment(s) imposed.

My grounds of appeal are -

(set out briefly the grounds of appeal)

Dated:

.............................................
(Appellant's number, rank and name)

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* delete if not applicable

SECOND SCHEDULE

(Rules 3 and 8)

APPLICATION TO EXTEND TIME FOR APPEALING

To the Police Service Board.

On the ..................... day of .................... 19...... the Director of Police found me guilty of the following offence(s) –

(set out offence(s) as charged)

and imposed the following punishment(s) –

(set out punishment(s) imposed)

I wish to appeal against -

*(a) the finding of guilt in respect of (state offence(s) in respect of which appeal is brought against the findings of guilt);

*(b) the punishment(s) imposed.

My grounds of appeal would be –

(set out briefly grounds of appeal)

I did not appeal within 14 days of the promulgation of the punishment(s) because –

(state reasons briefly)

I hereby apply for the time for appealing to be extended.

Dated:

............................................
(Applicant's number, rank and name)

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