s 76A Appeal against award or finding
76A. —(1) An accused who is aggrieved by a finding or punishment awarded by a disciplinary officer or Disciplinary Board may, within 5 days after being notified of the finding or punishment (or a longer or shorter period if prescribed in substitution), appeal to the Commissioner against the finding or punishment. [53/2018] (2) An appeal under subsection (1) must be made in such form and manner as may be prescribed. [53/2018] (3) Where an appeal has been made under subsection (2) against a finding or punishment awarded by a disciplinary officer or Disciplinary Board, the punishment awarded is suspended pending the determination of the appeal. [53/2018] (4) The Commissioner may determine an appeal under subsection (2) against a finding or punishment awarded by a disciplinary officer or Disciplinary Board — ( a ) by confirming any finding of guilt or punishment ordered by the disciplinary officer or Disciplinary Board; ( b ) by quashing any finding of guilt or punishment ordered by the disciplinary officer or Disciplinary Board and, if the Commissioner is of the opinion that the case against the appellant should be re-tried, by ordering the case to be re‑tried by another disciplinary officer or Disciplinary Board; ( c ) by replacing any finding by the disciplinary officer or Disciplinary Board that, in the Commissioner’s opinion, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer or Disciplinary Board on the charge and on the facts; or ( d ) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard. [53/2018] (5) The Commissioner’s decision under this section is final. [53/2018] (6) Every appellant must be notified of the Commissioner’s decision under this section. [53/2018] (7) The Commissioner may designate a Deputy Commissioner to hear and determine, in the Commissioner’s place, any appeal to the Commissioner under subsection (1). [53/2018] (8) A reference to the Commissioner in subsections (4), (5) and (6) includes a reference to a person designated under subsection (7). [53/2018] —(1) An accused who is aggrieved by a finding or punishment awarded by a disciplinary officer or Disciplinary Board may, within 5 days after being notified of the finding or punishment (or a longer or shorter period if prescribed in substitution), appeal to the Commissioner against the finding or punishment. [53/2018] (2) An appeal under subsection (1) must be made in such form and manner as may be prescribed. [53/2018] (3) Where an appeal has been made under subsection (2) against a finding or punishment awarded by a disciplinary officer or Disciplinary Board, the punishment awarded is suspended pending the determination of the appeal. [53/2018] (4) The Commissioner may determine an appeal under subsection (2) against a finding or punishment awarded by a disciplinary officer or Disciplinary Board — ( a ) by confirming any finding of guilt or punishment ordered by the disciplinary officer or Disciplinary Board; ( b ) by quashing any finding of guilt or punishment ordered by the disciplinary officer or Disciplinary Board and, if the Commissioner is of the opinion that the case against the appellant should be re-tried, by ordering the case to be re‑tried by another disciplinary officer or Disciplinary Board; ( c ) by replacing any finding by the disciplinary officer or Disciplinary Board that, in the Commissioner’s opinion, is illegal or cannot be supported by the evidence with a new finding that could validly have been made by the disciplinary officer or Disciplinary Board on the charge and on the facts; or ( d ) by varying the punishment by way of enhancement, reduction, substitution or otherwise except that no greater or more severe punishment is to be ordered unless the appellant has been given a reasonable opportunity of being heard. [53/2018] (5) The Commissioner’s decision under this section is final. [53/2018] (6) Every appellant must be notified of the Commissioner’s decision under this section. [53/2018] (7) The Commissioner may designate a Deputy Commissioner to hear and determine, in the Commissioner’s place, any appeal to the Commissioner under subsection (1). [53/2018] (8) A reference to the Commissioner in subsections (4), (5) and (6) includes a reference to a person designated under subsection (7). [53/2018]