Policing and Crime Bill (HC Bill 158)

(b) requiring the person investigating to supply information
to the appropriate authority.

(7) In this paragraph “the person concerned”—

(a) in relation to an investigation of a complaint, means the
5person in respect of whom it appears to the person
investigating that there is the indication mentioned in sub-
paragraph (2)(b) or (as the case may be) the person in
respect of whom the Commission determines that there is
the indication mentioned in sub-paragraph (3)(b);

(b) 10in relation to an investigation of a recordable conduct
matter, means the person to whose conduct the
investigation relates.”

22 (1) Paragraph 19F (interview of persons serving with the police etc during
certain investigations) is amended as follows.

(2) 15In sub-paragraph (2)—

(a) in paragraph (a), for “, and” substitute “other than, in the case of an
investigation to which paragraph 19A applies, a serving officer who
is the person concerned in relation to the investigation (within the
meaning of paragraph 19A).”;

(b) 20omit paragraph (b).

(3) In sub-paragraph (7)—

(a) omit the “or” at the end of paragraph (a);

(b) after paragraph (a) insert—

“(aa) a body required by section 26BA to enter into an
25agreement with the Commission, or”.

23 For paragraphs 20A to 20I (accelerated procedure in special cases)
substitute—

“20A (1) This paragraph applies where—

(a) at any time before the completion of an investigation of a
30complaint or recordable conduct matter, the person
investigating believes that the appropriate authority
would, on consideration of the matter, be likely to consider
that the conditions in sub-paragraph (2) are satisfied, or

(b) at any time before the completion of an investigation of a
35complaint or recordable conduct matter being carried out
by a person appointed under paragraph 18, the
Commission determines that the appropriate authority
would, on consideration of the matter, be likely to consider
that the conditions in sub-paragraph (2) are satisfied.

(2) 40The conditions in this sub-paragraph are that—

(a) there is sufficient evidence, in the form of written
statements or other documents, to establish on the balance
of probabilities that conduct to which the investigation
relates constitutes gross misconduct, and

(b) 45it is in the public interest for the person whose conduct it is
to cease to be a member of a police force, or to be a special
constable, without delay.

(3) Where this paragraph applies the person investigating, the
appropriate authority and the Commission must proceed in
accordance with regulations made by the Secretary of State.

(4) Regulations under sub-paragraph (3) may (amongst other things)
5make provision—

(a) for the person investigating to continue the investigation
(whether to its full extent or to such lesser extent as is
provided) or to stop investigating;

(b) for the person investigating to submit a report on the
10investigation to a point before its completion (not being a
report under paragraph 22);

(c) for the conduct to which the investigation relates to be
certified for the purposes of paragraph 20(1)(a).”

24 Omit paragraph 21 (power to discontinue an investigation) and the italic
15heading before that paragraph.

25 (1) Paragraph 21A (procedure where conduct matter is revealed during
investigation of DSI matter) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) If during the course of an investigation of a DSI matter being
20carried out by a person appointed under paragraph 18 the
Commission determines (without there having been a submission
under sub-paragraph (1)) that there is an indication that a person
serving with the police (“the person whose conduct is in
question”) may have—

(a) 25committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of
disciplinary proceedings,

it shall notify the appropriate authority in relation to the DSI
matter and (if different) the appropriate authority in relation to the
30person whose conduct is in question of its determination.”

(3) In sub-paragraph (5)(a), after “(2)” insert “or (2A)”.

26 (1) Paragraph 23 (action by the Commission in response to an investigation
report under paragraph 22) is amended as follows.

(2) After sub-paragraph (5) insert—

“(5A) 35On receipt of the report, the Commission shall also—

(a) seek the views of the appropriate authority on—

(i) whether any person to whose conduct the
investigation related has a case to answer in respect
of misconduct or gross misconduct or has no case
40to answer,

(ii) whether or not any such person’s performance is
unsatisfactory, and

(iii) the other matters (if any) dealt with in the report
(but not on whether the conditions in sub-
45paragraphs (2A) and (2B) are satisfied in respect of
the report),

(b) having considered the views (if any) of the appropriate
authority, make a determination as to—

(i) the matters described in paragraph (a)(i) and (ii),
and

(ii) 5whether or not disciplinary proceedings should be
brought against any person to whose conduct the
investigation related and, if so, what form the
disciplinary proceedings should take,

(c) if it considers it appropriate to do so, make a determination
10as to any matter dealt with in the report, being a
determination other than one that it is required to make
under sub-paragraph (2)(b) or paragraph (b) of this sub-
paragraph,

(d) notify the appropriate authority of its determination under
15paragraph (b) and any determination under paragraph (c),

(e) where the Commission determines that disciplinary
proceedings of a form specified in the determination
should be brought against a person, direct the appropriate
authority to bring those proceedings, and

(f) 20direct the appropriate authority to determine what action
(if any) the appropriate authority will in its discretion take,
not being action involving the bringing of disciplinary
proceedings, in respect of the matters dealt with in the
report and having regard to the Commission’s
25determination under paragraph (b) and any determination
under paragraph (c).

(5B) The appropriate authority must comply with a direction given
under sub-paragraph (5A)(e) and must secure that the
proceedings, once brought, are proceeded with to a proper
30conclusion.

(5C) The Commission may at any time withdraw a direction given
under sub-paragraph (5A)(e); and sub-paragraph (5B) shall not
impose any obligation in relation to any time after the withdrawal
of the direction.

(5D) 35The appropriate authority must keep the Commission informed of
the action it takes in response to a direction given under sub-
paragraph (5A)(e).

(5E) The appropriate authority must comply with the direction given
under sub-paragraph (5A)(f) and must notify the Commission of
40the determination it makes.

(5F) On receipt of the report, where it is a report of an investigation of
a complaint, the Commission may also make a recommendation
under paragraph 28ZA.”

(3) Omit sub-paragraphs (6) to (8).

27 45In paragraph 24 (action by the appropriate authority in response to an
investigation report under paragraph 22), after sub-paragraph (6) insert—

“(6A) Where the report is a report of an investigation of a complaint and
the appropriate authority is a local policing body, the appropriate

authority may also, on receipt of the report, make a
recommendation under paragraph 28ZA.”

28 In paragraph 24A (final reports on investigations: other DSI matters), at the
end insert —

“(5) 5On receipt of the report, the Commission shall also, if it considers
it appropriate to do so, make a determination as to any matter
dealt with in the report, being a determination other than one that
it is required to make under sub-paragraph (4) or that the
appropriate authority may be required to make by virtue of
10paragraph 24C(3).”

Part 4 Reviews

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

30 15In paragraph 4 (reference of complaints to the Commission), after sub-
paragraph (5) insert—

“(5A) The power of an appropriate authority to refer a complaint to the
Commission under sub-paragraph (2) is also exercisable after a
complaint has been handled in accordance with this Schedule if a
20recommendation is made under paragraph 6A(6)(a) or 25(4E)(b)
(recommendation on a review).”

31 After paragraph 6 insert—

““Reviews relating to complaints dealt with other than by investigation

6A (1) This paragraph applies where a complaint is handled by the
25appropriate authority in accordance with paragraph 6(2A)
otherwise than by the authority making arrangements for the
complaint to be investigated by the authority on its own behalf.

(2) The complainant has the right to apply to the relevant review body
for a review of the outcome of the complaint.

(3) 30The relevant review body must notify the following of an
application for a review under sub-paragraph (2)—

(a) the appropriate authority,

(b) every person entitled to be kept properly informed in
relation to the complaint under section 21, and

(c) 35the person complained against (if any).

(4) On a review applied for under sub-paragraph (2), the relevant
review body must determine whether the outcome is a reasonable
and proportionate outcome.

(5) Where the Commission is the relevant review body and the
40Commission finds that the outcome is not a reasonable and
proportionate outcome, the Commission may—

(a) determine that it is necessary for the complaint to be
investigated;

(b) make a recommendation under paragraph 28ZA.

(6) Where a local policing body is the relevant review body and the
local policing body finds that the outcome is not a reasonable and
proportionate outcome, the local policing body may—

(a) 5where the complaint has not previously been referred to
the Commission under paragraph 4, make a
recommendation to the appropriate authority that it refer
the complaint to the Commission under sub-paragraph (2)
of that paragraph;

(b) 10make a recommendation to the appropriate authority that
it make arrangements for the complaint to be investigated
by the authority on its own behalf;

(c) make a recommendation under paragraph 28ZA.

(7) The Secretary of State may by regulations make further provision
15about recommendations under sub-paragraph (6)(a) or (b).

(8) The regulations may (amongst other things) authorise the local
policing body making the recommendation to require a response
to the recommendation.

(9) The relevant review body must give notification of the outcome of
20a review under this paragraph and of its reasons for the
determination made under sub-paragraph (4)—

(a) to the appropriate authority,

(b) to the complainant,

(c) to every person entitled to be kept properly informed in
25relation to the complaint under section 21, and

(d) except in a case where it appears to the relevant review
body that to do so might prejudice any investigation of the
complaint, to the person complained against (if any).

(10) In this paragraph references to the outcome of a complaint do not
30include the outcome of any criminal or disciplinary proceedings
brought in relation to any matter which was the subject of the
complaint.”

32 Omit paragraph 8A (appeals relating to complaints dealt with other than by
investigation) and the italic heading before that paragraph.

33 35In the italic heading before paragraph 25, for “Appeals” substitute
“Reviews”.

34 (1) Paragraph 25 (appeals with respect to an investigation) is amended as
follows.

(2) After sub-paragraph (1) insert—

“(1A) 40But this paragraph does not apply where the person investigating
submitted a report on the investigation under provision made by
virtue of paragraph 20A(4)(b) and did not (as a result of provision
made by virtue of paragraph 20A(4)(a)) submit a further report
under paragraph 22(2).

(1B) 45Where this paragraph applies, the complainant has the right to
apply to the relevant review body for a review of the outcome of
the complaint.

(1C) The relevant review body must notify the following of an
application for a review under sub-paragraph (1B)—

(a) the appropriate authority,

(b) every person entitled to be kept properly informed in
5relation to the complaint under section 21, and

(c) the person complained against (if any).”

(3) Omit sub-paragraphs (2) to (3).

(4) For sub-paragraph (4) substitute—

“(4) Where the relevant review body so requires on the making of an
10application for a review under sub-paragraph (1B), the
appropriate authority must provide the relevant review body
with—

(a) a copy of the report of the investigation, and

(b) such information concerning the authority’s
15determinations under paragraph 24 as is described in a
notification given by the relevant review body to the
authority.”

(5) After sub-paragraph (4) insert—

“(4A) On a review applied for under sub-paragraph (1B), the relevant
20review body must determine whether the outcome of the
complaint is a reasonable and proportionate outcome.

(4B) In making a determination under sub-paragraph (4A), the
relevant review body may review the findings of the investigation.

(4C) Where the Commission is the relevant review body and the
25Commission finds that the outcome is not a reasonable and
proportionate outcome, the Commission may—

(a) make its own findings (in place of, or in addition to,
findings of the investigation);

(b) direct that the complaint be re-investigated;

(c) 30make a recommendation to the appropriate authority in
respect of any person serving with the police—

(i) that the person has a case to answer in respect of
misconduct or gross misconduct or has no case to
answer in relation to the person’s conduct to which
35the investigation related;

(ii) that the person’s performance is, or is not,
unsatisfactory;

(iii) that disciplinary proceedings of the form specified
in the recommendation are brought against the
40person in respect of the person’s conduct,
efficiency or effectiveness to which the
investigation related;

(iv) that any disciplinary proceedings brought against
that person are modified so as to deal with such
45aspects of that conduct, efficiency or effectiveness
as may be so specified;

(d) make a recommendation under paragraph 28ZA.

(4D) Where the Commission makes a recommendation under sub-
paragraph (4C)(c)—

(a) the appropriate authority must notify the Commission
whether it accepts the recommendation and (if it does) set
5out in the notification the steps that it is proposing to take
to give effect to it, and

(b) sub-paragraphs (4) to (8) and (9)(b) of paragraph 27 apply
in relation to the recommendation as if it had been made
under that paragraph.

(4E) 10Where a local policing body is the relevant review body and the
local policing body finds that the outcome is not a reasonable and
proportionate outcome, the local policing body may—

(a) make a recommendation to the appropriate authority that
the complaint be re-investigated by the authority on its
15own behalf;

(b) where the complaint has not previously been referred to
the Commission under paragraph 4, make a
recommendation to the appropriate authority that it refer
the complaint to the Commission under sub-paragraph (2)
20of that paragraph;

(c) make a recommendation to the appropriate authority in
respect of any person serving with the police—

(i) that the person has a case to answer in respect of
misconduct or gross misconduct or has no case to
25answer in relation to the person’s conduct to which
the investigation related;

(ii) that the person’s performance is, or is not,
unsatisfactory;

(iii) that disciplinary proceedings of the form specified
30in the recommendation are brought against the
person in respect of the person’s conduct,
efficiency or effectiveness to which the
investigation related;

(iv) that any disciplinary proceedings brought against
35that person are modified so as to deal with such
aspects of that conduct, efficiency or effectiveness
as may be so specified;

(d) make a recommendation under paragraph 28ZA.

(4F) Sub-paragraph (4G) applies where, on a review applied for under
40sub-paragraph (1B), the relevant review body determines that the
report of the investigation indicates that a criminal offence may
have been committed by a person (if any) to whose conduct the
investigation related and that—

(a) the circumstances are such that, in the opinion of the
45relevant review body, it is appropriate for the matters dealt
with in the report to be considered by the Director of
Public Prosecutions, or

(b) any matters dealt with in the report fall within any
category of matters prescribed for the purposes of
50paragraph 24(2B)(b).

(4G) Where this sub-paragraph applies—

(a) if the Commission is the relevant review body, the
Commission must notify the Director of Public
Prosecutions of the determination under sub-paragraph
(4F) and send the Director a copy of the report;

(b) 5if a local policing body is the relevant review body, the
local policing body must make a recommendation to the
appropriate authority that the appropriate authority—

(i) notify the Director of Public Prosecutions of the
determination under sub-paragraph (4F), and

(ii) 10send the Director a copy of the report.

(4H) The Secretary of State may by regulations make further provision
about recommendations under sub-paragraph (4E)(a), (b) or (c) or
(4G)(b).

(4I) The regulations may (amongst other things) authorise the local
15policing body making the recommendation to require a response
to the recommendation.

(4J) Where this paragraph applies because the person investigating
submitted a report on the investigation under provision made by
virtue of paragraph 20A(4)(b) (“the first report”) and a further
20report under paragraph 22(2), the references in sub-paragraphs
(4B) and (4C)(a) to the findings of the investigation do not include
a reference to findings on the first report.”

(6) Omit sub-paragraphs (5) to (9A).

(7) In sub-paragraph (10)—

(a) 25in the words before paragraph (a)—

(i) for “appeal” substitute “review”;

(ii) for “any determination” substitute “the outcome of a review”;

(iii) after “paragraph” insert “and of its reasons for the
determination made under sub-paragraph (4A)”;

(b) 30in paragraph (a), omit “(unless it is the relevant appeal body)”;

(c) in paragraph (d)—

(i) for “appeal” substitute “review”;

(ii) omit “proposed review or”.

(8) Omit sub-paragraph (11).

(9) 35In sub-paragraph (13)—

(a) in paragraph (a), for “appeals under this paragraph are to be
brought” substitute “applications under sub-paragraph (1B) are to be
made”;

(b) in paragraph (b), for “appeal must be brought” substitute
40“application must be made”;

(c) for paragraph (c) substitute—

“(c) for the procedure to be followed by the relevant
review body when carrying out a review applied
for under sub-paragraph (1B).”

(10) 45After sub-paragraph (13) insert—

“(14) In this paragraph references in relation to an investigation to the
outcome of the complaint do not include the outcome of any

criminal or disciplinary proceedings brought in relation to any
matter which was the subject of the investigation.”

35 After paragraph 25 insert—

““Information for complainant about disciplinary recommendations

25A (1) 5This paragraph applies where, on the review of the outcome of a
complaint under paragraph 25, the Commission makes a
recommendation under sub-paragraph (4C)(c) of that paragraph.

(2) Where the appropriate authority notifies the Commission under
paragraph 25(4D)(a) that the recommendation has been accepted,
10the Commission must notify the complainant and every person
entitled to be kept properly informed in relation to the complaint
under section 21 of that fact and of the steps that have been, or are
to be taken, by the appropriate authority to give effect to it.

(3) Where the appropriate authority—

(a) 15notifies the Commission under paragraph 25(4D)(a) that it
does not (either in whole or in part) accept the
recommendation, or

(b) fails to take steps to give full effect to the recommendation,

the Commission must determine what, if any, further steps to take
20under paragraph 27 as applied by paragraph 25(4D)(b).

(4) The Commission must notify the complainant and every person
entitled to be kept properly informed in relation to the complaint
under section 21—

(a) of any determination under sub-paragraph (3) not to take
25further steps, and

(b) where the Commission determines under that sub-
paragraph that it will take further steps, of the outcome of
the taking of those steps.”

36 For the italic heading before paragraph 26, substitute “Re-investigations
30following a review”.

37 (1) Paragraph 26 (reviews and re-investigations following an appeal) is
amended as follows.

(2) Omit sub-paragraph (1).

(3) In sub-paragraph (2), omit “or sub-paragraph (1)”.

(4) 35In sub-paragraph (3), for “(3)” substitute “(4)”.

(5) After sub-paragraph (3) insert—

“(3A) Where, following a recommendation under paragraph 25(4E)(a) in
relation to a complaint, the appropriate authority determines that
it is appropriate for it to re-investigate the complaint on its own
40behalf, sub-paragraphs (3) to (5) of paragraph 16 shall apply in
relation to the re-investigation as they apply in relation to an
investigation to which paragraph 16 applies.”

(6) In sub-paragraph (4)—

(a) for “25(8)” substitute “25(4C)(b)”;

(b) omit “or sub-paragraph (1) of this paragraph”;

(c) before “as they apply” insert “and any re-investigation of the type
described in sub-paragraph (3A) of this paragraph”.

(7) For sub-paragraph (5) substitute—

“(5) 5The Commission shall notify the appropriate authority of any
determination that it makes under this paragraph and of its
reasons for making the determination.

(5A) The Commission shall also notify the following of any
determination that it makes under this paragraph and of its
10reasons for making the determination—

(a) the complainant;

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

(c) the person complained against (if any).

(5B) 15The duty imposed by sub-paragraph (5A) on the Commission
shall have effect subject to such exceptions as may be provided for
by regulations made by the Secretary of State.

(5C) Subsections (6) to (8) of section 20 apply for the purposes of sub-
paragraph (5B) as they apply for the purposes of that section.”

(8) 20Omit sub-paragraph (6).

38 In the italic heading before paragraph 30—

(a) for “Appeals” substitute “Reviews”;

(b) for “appeal” substitute “review”.

39 (1) Paragraph 30 (appeals: the relevant appeal body) is amended as follows.

(2) 25In sub-paragraph (1)—

(a) in the words before paragraph (a)—

(i) for “appeal”, in the first place it occurs, substitute “review”;

(ii) for “an appeal” substitute “a review”;

(b) in paragraph (a), after “in a case where” insert “a local policing body
30is the appropriate authority in relation to the relevant complaint or”;

(c) for paragraph (b) substitute—

“(b) the local policing body which is the relevant local
policing body in relation to the relevant complaint,
in any other case.”

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

“(2) In this paragraph and paragraphs 31 and 32—

• “relevant complaint”, in relation to a review, means the
  complaint to which the review relates;

• “relevant local policing body”, in relation to a relevant
  40complaint where a chief officer is the appropriate authority
  in relation to the complaint, means the local policing body
  for the area of the police force of which the chief officer is
  a member;

• “review” means a review applied for under paragraph 6A(2)
  45or 25(1B).”