Policing and Crime Bill (HC Bill 158)

(5) After subsection (4) insert—

“(4A) In this Part references, in relation to anything purporting to be a
complaint other than a complaint about any conduct, to a member of
the public include references to any person falling within subsection
5(3)(a) to (d) other than a person who is—

(a) a member of the police force with which dissatisfaction is
expressed,

(b) a civilian employee of that police force,

(c) a special constable who is under the direction and control of
10the chief officer of that police force, or

(d) where dissatisfaction is expressed with the City of London
police force, an employee of the Common Council of the City
of London who is under the direction and control of the chief
officer of that force.”

7 (1) 15Part 1 of Schedule 3 (handling of complaints) is amended as follows.

(2) In paragraph 1(6), omit “any conduct that is”.

(3) In paragraph 4(1)(a), after “conduct” insert “or other matter”.

(4) In paragraph 4(6)(b), at the end insert “(if any)”.

(5) In paragraph 5(3)(b), at the end insert “(if any)”.

8 (1) 20Part 3 of Schedule 3 (investigations and subsequent proceedings) is
amended as follows.

(2) In paragraph 23(2A), after “a person” insert “(if any)”.

(3) In paragraph 24(2A), after “a person” insert “(if any)”.

(4) In paragraph 25(10)(d), at the end insert “(if any)”.

(5) 25In paragraph 26(5)(d), at the end insert “(if any)”.

Section 14

SCHEDULE 4 Complaints, conduct matters and DSI matters: procedure

Part 1 Recording and reference of complaints

1 30Part 1 of Schedule 3 to the Police Reform Act 2002 (handling of complaints)
is amended as follows.

2 (1) Paragraph 2 (initial handling and recording of complaints) is amended as
follows.

(2) In sub-paragraph (6), in the words following paragraph (c), for “record the
35complaint” substitute “contact the complainant and seek the complainant’s
views on how the complaint should be handled”.

(3) After sub-paragraph (6) insert—

“(6A) A local policing body or chief officer that is subject to the duty in
sub-paragraph (6) in relation to a complaint must record the
complaint if—

(a) 5at any time the complainant indicates a wish for the
complaint to be recorded, or

(b) the local policing body or chief officer determines that the
complaint is to be handled in accordance with this
Schedule.

(6B) 10The local policing body or chief officer must determine that a
complaint is to be handled in accordance with this Schedule if—

(a) the complaint is one alleging that the conduct or other
matter complained of has resulted in death or serious
injury,

(b) 15the complaint is one alleging that there has been conduct
by a person serving with the police which (if proved)
might constitute the commission of a criminal offence or
justify the bringing of disciplinary proceedings,

(c) the conduct or other matter complained of (if proved)
20might have involved the infringement of a person’s rights
under Article 2 or 3 of the Convention (within the meaning
of the Human Rights Act 1998), or

(d) the complaint is of a description specified for the purposes
of paragraph 4(1)(b) in regulations made by the Secretary
25of State.

(6C) Where a local policing body or chief officer determines (for the
purposes of sub-paragraph (6A)) that a complaint is to be handled
otherwise than in accordance with this Schedule, the local policing
body or chief officer must handle the complaint in such other
30manner as the local policing body or chief officer considers
appropriate with a view to resolving the complaint to the
complainant’s satisfaction.

(6D) Where a local policing body or chief officer records a complaint
under sub-paragraph (6A), or determines that a complaint is to be
35handled otherwise than in accordance with this Schedule, the local
policing body or chief officer must notify the complainant of the
recording of the complaint or (as the case may be) of the
determination.”

(4) For sub-paragraph (7) substitute—

“(7) 40Nothing in this paragraph shall require the taking of any action in
relation to a complaint if the complaint has been withdrawn.”

(5) Omit sub-paragraph (8).

(6) At the end insert—

“(9) If a local policing body or chief officer decides that it or (as the case
45may be) he is not required to comply with any of sub-paragraphs
(2), (3) and (6) to (6C) on the basis of a determination that what

purports to be a complaint is not a complaint, the local policing
body or chief officer must notify the complainant of the
determination and the grounds on which it was made.

(10) If a local policing body or chief officer determines that part of what
5has been received (whether directly or by virtue of a notification
under this paragraph) is a complaint and part is not, the local
policing body or chief officer must proceed under this paragraph
as if those two parts had been separately received.”

3 Omit paragraph 3 (failures to notify or record a complaint) and the italic
10heading before that paragraph.

4 (1) Paragraph 4 (reference of complaints to the Commission) is amended as
follows.

(2) In sub-paragraph (6)(b), for “a possible future investigation of the
complaint” substitute “an investigation of the complaint (whether an
15existing investigation or a possible future one)”.

(3) After sub-paragraph (6) insert—

“(6A) A local policing body which refers a complaint to the Commission
under sub-paragraph (3) shall also give a notification of the
making of the reference to the appropriate authority.”

(4) 20Omit sub-paragraph (8).

(5) At the end insert—

“(9) The appropriate authority must record any complaint that is
referred to the Commission under this paragraph that has not
already been recorded.”

25Part 2 Handling of complaints

5 Part 1 of Schedule 3 to the Police Reform Act 2002 (handling of complaints)
is further amended as follows.

6 (1) Paragraph 6 (handling of complaints by the appropriate authority) is
30amended as follows.

(2) In sub-paragraph (2), omit the “or” at the end of paragraph (a) and omit
paragraph (b).

(3) After sub-paragraph (2) insert—

“(2A) The appropriate authority must handle the complaint in such
35reasonable and proportionate manner as the authority determines.

(2B) An appropriate authority may handle a complaint in accordance
with sub-paragraph (2A) by (amongst other things)—

(a) making arrangements for the complaint to be investigated
by the authority on its own behalf;

(b) 40notifying the complainant that no further action is to be
taken in relation to the complaint.

(2C) The appropriate authority must comply with its duty under sub-
paragraph (2A) by making arrangements for the complaint to be
investigated by the authority on its own behalf if at any time it
appears to the authority from the complaint, or from the
5authority’s handling of the complaint to that point, that there is an
indication that—

(a) a person serving with the police may have committed a
criminal offence or behaved in a manner that would justify
the bringing of disciplinary proceedings, or

(b) 10there may have been the infringement of a person’s rights
under Article 2 or 3 of the Convention (within the meaning
of the Human Rights Act 1998).

(2D) The Secretary of State may by regulations provide for the duty in
sub-paragraph (2C) to be subject to exceptions.

(2E) 15A statement made by any person for the purposes of the handling
of any complaint in accordance with sub-paragraph (2A)
otherwise than by the appropriate authority making
arrangements for the complaint to be investigated by the authority
on its own behalf is not admissible in any subsequent criminal,
20civil or disciplinary proceedings except to the extent that it
consists of an admission relating to a matter that has not been
subjected to such handling.”

(4) Omit sub-paragraphs (3) to (11).

7 Omit paragraph 7 (disapplication of requirements of Schedule) and the italic
25heading before that paragraph.

8 Omit paragraph 8 (local resolution of complaints) and the italic heading
before that paragraph.

Part 3 Investigations and subsequent proceedings

9 30Schedule 3 to the Police Reform Act 2002 (handling of complaints and
conduct matters etc) is further amended as follows.

10 (1) Paragraph 5 (duties of Commission on references under paragraph 4:
complaints) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) 35The Secretary of State may by regulations provide that the
Commission must determine that it is necessary for complaints
referred to it that relate to the conduct of a chief officer or the
Deputy Commissioner of Police of the Metropolis to be
investigated.

(1B) 40Regulations under sub-paragraph (1A) may provide that the duty
on the Commission applies only in relation to complaints relating
to the conduct of a chief officer or the Deputy Commissioner of
Police of the Metropolis that are of a description specified in the
regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that,
where the Commission is required by the regulations to determine
that it is necessary for a complaint to be investigated, paragraph 15
is to apply in relation to the complaint as if sub-paragraphs (4)(a),
5(4A) and (5A)(b) were omitted.”

(3) In sub-paragraph (2), for the words from “, it may” to the end of the sub-
paragraph substitute “—

(a) in a case where the complaint is already being investigated by the
appropriate authority on its own behalf (and notwithstanding the
10Commission’s determination), the Commission must refer the
complaint back to the appropriate authority for the investigation to
be completed, and

(b) in any other case, the Commission may, if it thinks fit, refer the
complaint back to the appropriate authority to be dealt with by that
15authority in accordance with paragraph 6.”

(4) In sub-paragraph (3)(b), for “a possible future investigation of the
complaint” substitute “an investigation of the complaint (whether an
existing investigation or a possible future one)”.

11 In paragraph 6 (handling of complaints by the appropriate authority), in
20sub-paragraph (2)(a), for “5” substitute “5(2)(b)”.

12 In paragraph 13 (reference of conduct matters to the Commission), in sub-
paragraph (6)(b), for “a possible future investigation of that matter”
substitute “an investigation of that matter (whether an existing investigation
or a possible future one)”.

13 (1) 25Paragraph 14 (duties of Commission on references under paragraph 13:
recordable conduct matters) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) The Secretary of State may by regulations provide that the
Commission must determine that it is necessary for recordable
30conduct matters referred to it that relate to the conduct of a chief
officer or the Deputy Commissioner of Police of the Metropolis to
be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty
on the Commission applies only in relation to recordable conduct
35matters relating to the conduct of a chief officer or the Deputy
Commissioner of Police of the Metropolis that are of a description
specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that,
where the Commission is required by the regulations to determine
40that it is necessary for a recordable conduct matter to be
investigated, paragraph 15 is to apply in relation to the matter as
if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.”

(3) In sub-paragraph (2), for the words from “, it may” to the end of the sub-
paragraph substitute “—

(a) 45in a case where the recordable conduct matter is already being
investigated by the appropriate authority on its own behalf (and
notwithstanding the Commission’s determination), the Commission

must refer the matter back to the appropriate authority for the
investigation to be completed, and

(b) in any other case, the Commission may, if it thinks fit, refer the
matter back to the appropriate authority to be dealt with by that
5authority in such manner (if any) as that authority may determine.”

(4) In sub-paragraph (3)(b), for “a possible future investigation of that matter”
substitute “an investigation of that matter (whether an existing investigation
or a possible future one)”.

14 (1) Paragraph 14D (duties of Commission on references under paragraph 14C:
10DSI matters) is amended as follows.

(2) After sub-paragraph (1) insert—

“(1A) The Secretary of State may by regulations provide that the
Commission must determine that it is necessary for DSI matters
referred to it in relation to which the relevant officer is a chief
15officer or the Deputy Commissioner of Police of the Metropolis to
be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty
on the Commission applies only in relation to DSI matters in
relation to which the relevant officer is a chief officer or the Deputy
20Commissioner of Police of the Metropolis that are of a description
specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that,
where the Commission is required by the regulations to determine
that it is necessary for a DSI matter to be investigated, paragraph
2515 is to apply in relation to the matter as if sub-paragraphs (4)(a),
(4A) and (5A)(b) were omitted.”

(3) In sub-paragraph (2), for the words from “, it may” to the end of the sub-
paragraph substitute “—

(a) in a case where the DSI matter is already being investigated by the
30appropriate authority on its own behalf (and notwithstanding the
Commission’s determination), the Commission must refer the
matter back to the appropriate authority for the investigation to be
completed, and

(b) in any other case, the Commission may, if it thinks fit, refer the
35matter back to the appropriate authority to be dealt with by that
authority in such manner (if any) as that authority may determine.”

15 (1) Paragraph 15 (power of the Commission to determine the form of an
investigation) is amended as follows.

(2) In sub-paragraph (1)(b), after “determines” insert “under paragraph 5(1),
4014(1) or 14D(1)”.

(3) After sub-paragraph (1) insert—

“(1A) This paragraph also applies where the Commission determines
under paragraph 6A(5)(a) that it is necessary for a complaint to be
investigated.”

(4) 45Omit sub-paragraph (3).

(5) In sub-paragraph (4)—

(a) omit paragraph (b);

(b) in paragraph (c), for “management” substitute “direction”.

(6) After sub-paragraph (4) insert—

“(4A) In making a determination under sub-paragraph (2) the
5Commission must first determine whether, having regard to the
seriousness of the case and the public interest, it is appropriate for
the investigation to take the form of an investigation by the
appropriate authority on its own behalf and if it is the Commission
must determine that the investigation is to take that form.

(4B) 10Where, in accordance with sub-paragraph (4A), the Commission
determines that it is not appropriate for the investigation to take
the form of an investigation by the appropriate authority on its
own behalf, the Commission must determine that the
investigation is to take the form of an investigation by the
15Commission unless sub-paragraph (4C) applies.

(4C) This sub-paragraph applies where the Commission determines
that it would be more appropriate for the investigation to take the
form of an investigation by the appropriate authority under the
direction of the Commission, in which case the Commission must
20determine that the investigation is to take that form.”

(7) For sub-paragraph (5) substitute—

“(5) Where the Commission determines under sub-paragraph (4C) or
(5B) that an investigation is to take the form of an investigation by
the appropriate authority under the direction of the Commission,
25the Commission must keep under review whether that form of
investigation continues to be the most appropriate form of
investigation.

(5A) If, on such a review, the Commission determines that—

(a) it would be more appropriate for the investigation to take
30the form of an investigation by the Commission, the
Commission must make a further determination under
this paragraph (to replace the earlier one) that the
investigation is instead to take that form;

(b) having regard to the seriousness of the case and the public
35interest, it would be more appropriate for the investigation
to take the form of an investigation by the appropriate
authority on its own behalf, the Commission may make a
further determination under this paragraph (to replace the
earlier one) that the investigation is instead to take that
40form.

(5B) Subject to sub-paragraph (5A), if at any time the Commission
determines that, were it to apply sub-paragraphs (4A) to (4C)
again, the form of the investigation would be different, the
Commission may make a further determination under this
45paragraph (to replace the earlier one) such that the investigation
takes that different form.”

(8) In sub-paragraph (8), at the end insert “and of its reasons for making the
determination”.

(9) After sub-paragraph (8) insert—

“(9) The Commission shall also notify the following of any
determination that it makes under this paragraph in relation to a
particular complaint, recordable conduct matter or DSI matter and
5of its reasons for making the determination—

(a) every person entitled to be kept properly informed in
relation to the complaint or matter under section 21;

(b) where the determination is made in relation to a
complaint, the complainant;

(c) 10the person to whose conduct the investigation will relate.

(10) The duty imposed by sub-paragraph (9) on the Commission in
relation to a complaint, recordable conduct matter or DSI matter
shall have effect subject to such exceptions as may be provided for
by regulations made by the Secretary of State.

(11) 15Subsections (6) to (8) of section 20 apply for the purposes of sub-
paragraph (10) as they apply for the purposes of that section.”

16 (1) Paragraph 16 (investigations by the appropriate authority on its own behalf)
is amended as follows.

(2) Before sub-paragraph (1) insert—

“(A1) 20This paragraph applies if the appropriate authority, acting in
accordance with paragraph 6(2A) or in response to a
recommendation under paragraph 6A(6)(b), is to make
arrangements for a complaint to be investigated by the
appropriate authority on its own behalf.”

(3) 25In sub-paragraph (1)—

(a) in the words before paragraph (a), after “paragraph” insert “also”;

(b) omit paragraph (a) and the “or” following it.

17 Omit paragraph 17 (investigations supervised by the Commission) and the
italic heading before that paragraph.

18 30In the italic heading before paragraph 18, for “managed” substitute
“directed”.

19 (1) Paragraph 18 (investigations managed by the Commission) is amended as
follows.

(2) In sub-paragraph (1), for “manage” substitute “direct”.

(3) 35For sub-paragraph (2) substitute—

“(2) On being given notice of that determination, the appropriate
authority shall, if it has not already done so, appoint—

(a) a person serving with the police (whether under the
direction and control of the chief officer of police of the
40relevant force or of the chief officer of another force), or

(b) a National Crime Agency officer,

to investigate the complaint or matter.

(2A) The Commission may require that no appointment is made under
sub-paragraph (2) unless it has given notice to the appropriate

authority that it approves the person whom that authority
proposes to appoint.

(2B) Where at any time the Commission is not satisfied with the person
investigating, the Commission may require the appropriate
5authority, as soon as reasonably practicable after being required to
do so—

(a) to select another person falling within sub-paragraph
(2)(a) or (b) to investigate the complaint or matter, and

(b) to notify the Commission of the person selected.

(2C) 10Sub-paragraph (2B) applies whether the person investigating was
appointed—

(a) before the appropriate authority was given notice of the
Commission’s determination that it should direct the
investigation by the appropriate authority,

(b) 15under sub-paragraph (2) (including where the
appointment was approved by the Commission in
accordance with sub-paragraph (2A)), or

(c) under sub-paragraph (2D)(a).

(2D) Where a selection made in pursuance of a requirement under sub-
20paragraph (2B) has been notified to the Commission—

(a) the appropriate authority shall appoint that person to
investigate the complaint or matter if, but only if, the
Commission notifies the authority that it approves the
appointment of that person;

(b) 25if the Commission notifies the authority that it does not
approve the appointment of that person, the appropriate
authority must make another selection in accordance with
sub-paragraph (2B).

(2E) A person appointed under this paragraph to investigate any
30complaint or conduct matter—

(a) in the case of an investigation relating to any conduct of a
chief officer, must not be a person under that chief officer’s
direction and control, and

(b) in the case of an investigation relating to any conduct of the
35Commissioner of Police of the Metropolis or of the Deputy
Commissioner of Police of the Metropolis, must be a
person nominated by the Secretary of State for
appointment under this paragraph (and approved for
appointment in accordance with sub-paragraph (2A) (if
40required) or (2D)(a)).

(2F) A person appointed under this paragraph to investigate any DSI
matter—

(a) in relation to which the relevant officer is a chief officer,
must not be a person under that chief officer’s direction
45and control, and

(b) in relation to which the relevant officer is the
Commissioner of Police of the Metropolis or the Deputy
Commissioner of Police of the Metropolis, must be a
person nominated by the Secretary of State for
50appointment under this paragraph (and approved for

appointment in accordance with sub-paragraph (2A) (if
required) or (2D)(a)).”

(4) After sub-paragraph (3) insert—

“(4) The person appointed to investigate the complaint or matter shall
5keep the Commission informed of the progress of the
investigation.”

20 (1) Paragraph 19 (investigations by the Commission itself) is amended as
follows.

(2) In sub-paragraph (7), omit paragraph (aa) and the “or” following it.

21 10For paragraphs 19A to 19E (special procedure where investigation relates to
police officer or special constable) substitute—

“19A (1) This paragraph applies to an investigation where condition A, B or
C is satisfied.

(2) Condition A is that—

(a) 15the investigation is an investigation of a complaint, and

(b) during the course of the investigation it appears to the
person investigating that there is an indication that a
member of a police force, or a special constable, to whose
conduct the investigation relates may have committed a
20criminal offence or behaved in a manner which would
justify the bringing of disciplinary proceedings.

(3) Condition B is that—

(a) the investigation is an investigation of a complaint being
carried out by a person appointed under paragraph 18,
25and

(b) during the course of the investigation the Commission
determines that there is an indication that a member of a
police force, or a special constable, to whose conduct the
investigation relates may have committed a criminal
30offence or behaved in a manner which would justify the
bringing of disciplinary proceedings.

(4) Condition C is that—

(a) the investigation is an investigation of a recordable
conduct matter, and

(b) 35the investigation relates to the conduct of a member of a
police force or a special constable.

(5) Where this paragraph applies to an investigation the person
investigating must proceed with the investigation in accordance
with regulations made by the Secretary of State under this sub-
40paragraph.

(6) Regulations under sub-paragraph (5) may (amongst other things)
make provision—

(a) as to the procedure to be followed in connection with any
interview of the person concerned, including provision
45requiring the person concerned to attend an interview;