POLICE ACT (as amended) (3) The Commissioner may appoint a registered legal practitioner to assist a board of officers at any trial referred to in subsection (1). (4) The functions of a person appointed in terms of subsection (3) to assist a board of officers shall be prescribed in regulations which may, without derogation from the generality of the foregoing, make provision— (a) specifying the effect of advice and rulings given to a board of officers on questions of law by a person so appointed; and (b) requiring or authorizing the officer presiding to direct, in such cases as are prescribed, that questions of law shall be determined by a person so appointed in the absence of the board of officers. (5) A member who is found guilty of a contravention of this Act by a board of officers shall not be regarded as having been convicted of an offence for the purposes of any other law. 31 Review of proceedings of board of officers (1) Where a board of officers imposes on a member a sentence of a fine in excess of level three or a period of imprisonment in excess of one month, the record of the proceedings shall forthwith be forwarded to the registrar of the High Court together with— (a) any statement that the president of the board may wish to make; and (b) any statement relating to the sentence that the member may wish to make. [Subsection amended by s. 4 of Act 22/2001] (2) On receipt of the record and statements referred to in subsection (1), the registrar of the High Court shall forthwith place such record and statements before a judge of the High Court in chambers for review. (3) A judge before whom a record and statements are placed in terms of subsection (2) may— (a) if the proceedings appear to him to be in accordance with substantial justice, confirm the proceedings and endorse the record to that effect; or (b) exercise the powers conferred upon a judge of the High Court by subsection (5) of section 29 of the High Court Act [Chapter 7:06] as if the proceedings were the proceedings of a magistrates court. September 2003 11 32 Member may elect trial by Magistrates court If notice is given, in the manner and time prescribed, by a member whom it is proposed to try before a board of officers in terms of paragraph (c) of subsection (1) of section twenty-nine that he wishes that the charge against him be tried by a magistrates court and not by a board of officers, the charge shall be tried by a magistrates court. 33 Appeal from board of officers to High Court (1) Any person convicted of an offence by a board of officers may appeal to the High Court against such conviction or any sentence or order of such board. (Subsection as amended by s. 10 of Act No. 9 of 1997) (2) The provisions of the Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06] which relate to appeals from a magistrates court, the prosecution of such appeals, the powers of the High Court thereon, the execution and suspension of sentence and the institution of further proceedings after a conviction has been set aside shall apply, mutatis mutandis, to appeals from a board of officers: Provided that any reference in those provisions to the clerk of the court shall be construed as a reference to a chief staff officer of the Police Force. (Subsection as amended by s. 10 of Act No. 9 of 1997) 34 Trial before court consisting of one officer (1) A member, other than an officer, who is charged with a contravention of this Act or any order made thereunder or any offence specified in the Schedule may be tried by an officer of or above the rank of superintendent and sentenced to any punishment referred to in paragraph (d) of subsection (2) of section twenty-nine. (2) No officer shall try a member if such officer is a material witness or has a personal interest in the case. (3) Every officer who convicts and sentences a member under this section shall forthwith transmit the proceedings for review by the Commissioner, who may— (a) confirm the conviction and sentence; [Chapter 11:10]