Policing and Crime Bill (HC Bill 158)

Policing and Crime BillPage 30

by virtue of section 21A the person must not
disclose.”;

(ii) in sub-paragraph (8), at the end insert “except so far as the
person is prevented from doing so by section 21A”;

(c) 5in paragraph 23 (action by the Commission in response to an
investigation report under paragraph 22), after sub-paragraph (2)
insert—

(2ZA) Where the Commission would contravene section 21A by
sending a copy of a report in its entirety to the appropriate
10authority under sub-paragraph (2)(a) or to the Director of
Public Prosecutions under sub-paragraph (2)(c), the
Commission must instead send a copy of the report after
having removed or obscured the information which by virtue
of section 21A the Commission must not disclose.”;

(d) 15in paragraph 24A (final reports on investigations: other DSI matters),
after sub-paragraph (3) insert—

(3A) Where a person would contravene section 21A by sending a
copy of a report in its entirety to the appropriate authority
under sub-paragraph (2)(b), the person must instead send a
20copy of the report after having removed or obscured the
information which by virtue of section 21A the person must
not disclose.”

18 Investigations by IPCC: powers of seizure and retention

(1) In Schedule 3 to the Police Reform Act 2002 (handling of complaints and
25conduct matters etc), in Part 3 (investigations and subsequent proceedings),
before paragraph 19A insert—

“Investigations by the Commission: power of seizure

19ZE (1) The powers conferred by this paragraph are exercisable by a
person—

(a) 30who is designated under paragraph 19(2) in relation to an
investigation (the “designated person”), and

(b) who is lawfully on any premises for the purposes of the
investigation.

(2) The designated person may seize anything which is on the premises
35if the designated person has reasonable grounds for believing—

(a) that it is evidence relating to the conduct or other matter to
which the investigation relates, and

(b) that it is necessary to seize it in order to prevent the evidence
being concealed, lost, altered or destroyed.

(3) 40The designated person may require any information which is stored
in any electronic form and is accessible from the premises to be
produced in a form in which it can be taken away and in which it is
visible and legible, or from which it can readily be produced in a
visible and legible form, if the designated person has reasonable
45grounds for believing—

(a) that it is evidence relating to the conduct or other matter to
which the investigation relates, and

Policing and Crime BillPage 31

(b) that it is necessary to do so in order to prevent the evidence
being concealed, lost, tampered with or destroyed.

(4) The powers conferred by this paragraph do not authorise the seizure
of an item which the designated person exercising the power has
5reasonable grounds for believing to be an item subject to legal
privilege within the meaning of the 1984 Act (see section 10 of that
Act).

(5) Where a designated person has the power to seize a thing or require
information to be produced under this paragraph and under section
1019 of the 1984 Act (by virtue of section 97(8) of the 1996 Act or
paragraph 19(4)), the designated person is to be treated for all
purposes as acting in exercise of the power conferred by section 19 of
the 1984 Act.

(6) In this paragraph “premises” has the same meaning as in the 1984
15Act (see section 23 of that Act).

Further provision about seizure under paragraph 19ZE

19ZF (1) This paragraph applies where a designated person seizes anything
under paragraph 19ZE(2).

(2) The designated person must provide a notice in relation to the thing
20seized if requested to do so by a person showing himself—

(a) to be the occupier of the premises on which it was seized, or

(b) to have had custody or control of it immediately before the
seizure.

(3) The notice must state what has been seized and the reason for its
25seizure.

(4) The notice must be provided within a reasonable time from the
making of the request for it.

(5) In this paragraph “designated person” has the same meaning as in
paragraph 19ZE.

30Investigations by the Commission: power of retention

19ZG (1) This paragraph applies to anything which, for the purposes of an
investigation in accordance with paragraph 19—

(a) has been seized under paragraph 19ZE(2) or taken away
following a requirement imposed under paragraph 19ZE(3),
35or

(b) is otherwise lawfully in the possession of the Commission.

(2) Anything to which this paragraph applies may be retained by the
Commission for as long as is necessary in all the circumstances,
including (amongst other things) so that it may be used as evidence
40in criminal or disciplinary proceedings or in an inquest held under
Part 1 of the Coroners and Justice Act 2009.

(3) For the purposes of sub-paragraph (2), the retention of anything to
which this paragraph applies is not necessary if having a photograph
or copy of the thing would suffice (and the Commission may arrange

Policing and Crime BillPage 32

for the thing to be photographed or copied before it ceases to be
retained).

Further provision about things retained under paragraph 19ZG

19ZH (1) This paragraph applies to anything which—

(a) 5has been seized (whether under paragraph 19ZE(2) or
otherwise), and

(b) is being retained by the Commission under paragraph 19ZG.

(2) If a request for permission to be granted access to a thing to which
this paragraph applies is made to the Commission by—

(a) 10a person who had custody or control of the thing
immediately before it was seized, or

(b) someone acting on behalf of such a person,

the Commission must allow the person who made the request access
to it under the supervision of a member of the Commission’s staff.

(3) 15Sub-paragraph (4) applies if a request for a photograph or copy of a
thing to which this paragraph applies is made to the Commission
by—

(a) a person who had custody or control of the thing
immediately before it was seized, or

(b) 20someone acting on behalf of such a person.

(4) The Commission must either—

(a) allow the person who made the request access to the thing
under the supervision of a member of the Commission’s staff
for the purpose of photographing or copying it, or

(b) 25arrange for the thing to be photographed or copied.

(5) If the Commission acts under sub-paragraph (4)(b), the Commission
must supply the photograph or copy to the person who made the
request within a reasonable time from the making of the request.

(6) The Commission is not obliged to do anything in response to a
30request under sub-paragraph (2) or (3) if the Commission has
reasonable grounds for believing that to do so would prejudice—

(a) any investigation being carried out in accordance with this
Schedule, or

(b) any criminal or disciplinary proceedings or any inquest held
35under Part 1 of the Coroners and Justice Act 2009.”

(2) In section 21 of the Police and Criminal Evidence Act 1984 (access and
copying), at the end insert—

(10) The references to a constable in subsections (1) and (2) do not include a
constable who has seized a thing under paragraph 19ZE of Schedule 3
40to the Police Reform Act 2002.”

19 References to England and Wales in connection with IPCC functions

(1) In section 29 of the Police Reform Act 2002 (interpretation of Part 2), at the end

Policing and Crime BillPage 33

insert—

(8) References in sections 26, 26BA and 26C to England and Wales include
the sea and other waters within the seaward limits of the territorial sea
adjacent to England and Wales.”

(2) 5In section 28 of the Commissioners for Revenue and Customs Act 2005
(complaints and misconduct: England and Wales), in subsection (6), at the end
insert “, including the sea and other waters within the seaward limits of the
territorial sea adjacent to England and Wales”.

(3) In section 41 of the Police and Justice Act 2006 (immigration and asylum
10enforcement functions and customs functions: complaints and misconduct), in
subsection (7), at the end insert “, including the sea and other waters within the
seaward limits of the territorial sea adjacent to England and Wales”.

20 Oversight functions of local policing bodies

(1) In section 1 of the Police Reform and Social Responsibility Act 2011 (police and
15crime commissioners), in subsection (8) (duty to hold chief constable to
account), after paragraph (c) insert—

(ca) the exercise of the chief constable’s functions under Part 2 of the
Police Reform Act 2002 in relation to the handling of
complaints;”.

(2) 20In section 3 of that Act (Mayor’s Office for Policing and Crime), in subsection
(8) (duty to hold Commissioner of Police of the Metropolis to account), after
paragraph (c) insert—

(ca) the exercise of the Commissioner’s functions under Part 2 of the
Police Reform Act 2002 in relation to the handling of
25complaints;”.

(3) In section 6ZA of the Police Act 1996 (power to confer particular functions on
the Common Council), in subsection (2), after paragraph (a) insert—

(aa) to hold the Commissioner of Police for the City of London to
account for the exercise of the Commissioner’s functions under
30Part 2 of the Police Reform Act 2002 in relation to the handling
of complaints;”.

21 Delegation of functions by local policing bodies

(1) In section 23 of the Police Reform Act 2002 (Part 2 regulations), in subsection
(2), after paragraph (p) insert—

(pa) 35for local policing bodies to have power to delegate the exercise
or performance of powers and duties conferred or imposed on
them by or under this Part (including powers and duties that
are acquired by virtue of giving a notice under section 13A);”.

(2) In section 18 of the Police Reform and Social Responsibility Act 2011
40(delegation of functions by police and crime commissioners), in subsection (3),
after paragraph (a) insert—

(aa) arrange, under subsection (1)(b) or (2), for the deputy police and
crime commissioner or any other person to exercise a function
that the police and crime commissioner has under or by virtue
45of Part 2 of the Police Reform Act 2002 (see instead section

Policing and Crime BillPage 34

23(2)(pa) of that Act and regulations made under that
provision);”.

(3) In section 19 of the Police Reform and Social Responsibility Act 2011
(delegation of functions by Mayor’s Office for Policing and Crime), in
5subsection (3), after paragraph (a) insert—

(aa) arrange, under subsection (1)(b) or (2), for the Deputy Mayor for
Policing and Crime or any other person to exercise a function
that the Mayor’s Office for Policing and Crime has under or by
virtue of Part 2 of the Police Reform Act 2002 (see instead
10section 23(2)(pa) of that Act and regulations made under that
provision);”.

(4) In section 107 of the Local Government Act 1972 (application of sections 101 to
106 of that Act to the Common Council)—

(a) in subsection (2), omit the words from the beginning to “and” in the
15first place it occurs;

(b) after subsection (2) insert—

(2A) The Common Council may not, under section 101(1)(a), arrange
for any person to exercise a function that the Common Council
has under or by virtue of Part 2 of the Police Reform Act 2002
20(see instead section 23(2)(pa) of that Act and regulations made
under that provision).”

22 Transfer of staff to local policing bodies

(1) A local policing body may make one or more schemes for the transfer to itself
from the chief officer of police of the police force maintained by the local
25policing body of rights and liabilities under, or in connection with, a relevant
contract of employment provided that the condition in subsection (2) is
satisfied in relation to each such scheme.

(2) The condition referred to in subsection (1) is that it is desirable to make the
scheme to enable the local policing body to discharge functions that are, or are
30to be, conferred on it under or by virtue of the Police Reform Act 2002 as a
result of the amendments of that Act made by section 11 of, and paragraph 36
of Schedule 4 to, this Act.

(3) For the purposes of this section a contract of employment is a relevant contract
of employment if it is a contract of employment of a member of the civilian staff
35of the police force (within the meaning of Part 1 of the Police Reform and Social
Responsibility Act 2011) and the staff member is not designated under section
38 of the Police Reform Act 2002.

(4) The local policing body must obtain the consent of the chief officer of police to
the making of the scheme.

(5) 40Where the chief officer of police does not consent to the making of the scheme,
the local policing body may make the scheme notwithstanding subsection (4)
if the Secretary of State consents to the making of the scheme.

(6) A scheme under subsection (1) must make provision that has the same or
similar effect as the Transfer of Undertakings (Protection of Employment)
45Regulations 2006 (S.I. 2006/246S.I. 2006/246) (so far as those regulations do not apply in
relation to the transfer).

Policing and Crime BillPage 35

CHAPTER 2 Police super-complaints

23 Power to make super-complaints

After Part 2 of the Police Reform Act 2002 (complaints and misconduct)
insert—

5“Part 2A Super-complaints
29A Power to make super-complaints

(1) A designated body may make a complaint to Her Majesty’s Chief
Inspector of Constabulary that a feature, or combination of features, of
10policing in England and Wales by one or more than one police force is,
or appears to be, significantly harming the interests of the public.

(2) See section 29B for the meaning of “designated body”.

(3) In this section-

  • “England and Wales” includes the adjacent United Kingdom
    15waters within the meaning of section 30 of the Police Act 1996,

  • “police force” means any of the following—

    (a)

    the metropolitan police force,

    (b)

    a police force maintained under section 2 of the Police
    Act 1996 (police forces in England and Wales outside
    20London),

    (c)

    the National Crime Agency,

    (d)

    the City of London police force,

    (e)

    the Ministry of Defence Police,

    (f)

    the Civil Nuclear Constabulary,

    (g)

    25the British Transport Police.”

24 Bodies who may make super-complaints

In Part 2A of the Police Reform Act 2002, after section 29A (for which see
section 23 above), insert—

29B Bodies who may make super-complaints

(1) 30In this Part “designated body” means a body designated in regulations
made by the Secretary of State.

(2) The Secretary of State—

(a) may make or revoke such a designation if the Secretary of State
considers it appropriate to do so, and

(b) 35must make or revoke such a designation if asked to do so by an
authorised person.

(3) The Secretary of State must, in deciding whether to act under
subsection (2)(a), apply criteria specified or described in regulations
made by the Secretary of State.

Policing and Crime BillPage 36

(4) The authorised person must, in deciding whether to ask the Secretary
of State to act under subsection (2)(b), apply criteria specified or
described in regulations made by the Secretary of State.

(5) The Secretary of State must, before making regulations under
5subsection (3) or (4), consult such persons as the Secretary of State
considers appropriate.

(6) In this section “authorised person” means any person specified or
described in regulations made by the Secretary of State.”

25 Regulations about super-complaints

(1) 10In Part 2A of the Police Reform Act 2002, after section 29B (for which see
section 24 above), insert—

29C Regulations about super-complaints

(1) The Secretary of State may by regulations make provision about
complaints under section 29A.

(2) 15Such provision may, in particular, include provision about—

(a) the procedure for dealing with a matter before a complaint is
made under section 29A (including who is to deal with the
matter),

(b) the procedure for dealing with a complaint under section 29A
20(including who is to deal with the matter),

(c) whether, or the extent to which, a matter is to be dealt with
under this Part or Part 2.

(3) Regulations under this section may—

(a) confer (or enable the conferring of) functions on Her Majesty’s
25Chief Inspector of Constabulary, the Independent Police
Complaints Commission, the College of Policing or any other
person,

(b) apply (with or without modifications), in relation to any matter
to be dealt with by the Independent Police Complaints
30Commission under this Part, any provision made by or under
Part 2.”

(2) After section 10(3) of that Act (general functions of the Commission) insert—

(3A) The Commission also has any functions conferred on it by regulations
under section 29C of this Act (regulations about super-complaints).”

CHAPTER 3 35Whistle-blowing: power of IPCC to investigate

26 Investigations by the IPCC: whistle-blowing

(1) After Part 2A of the Police Reform Act 2002 (for which see sections 23 to 25

Policing and Crime BillPage 37

above) insert—

“Part 2B Investigation of concerns raised by whistle-blowers
29E Power to investigate concerns raised by whistle-blowers

(1) 5For the purposes of this Part, a person is a “whistle-blower” if—

(a) the person raises a concern that is about a police force or a
person serving with the police,

(b) the person raising the concern was under the direction and
control of a chief officer of police at any time when the matters
10giving rise to the concern occurred, and

(c) the concern is not about—

(i) the conditions of service of persons serving with the
police, or

(ii) a matter that is, or could be, the subject of a complaint by
15the person under Part 2.

(2) The Commission may investigate any concern raised by a whistle-
blower of which it becomes aware (whether because the whistle-blower
has contacted the Commission or for any other reason) but only if the
whistle-blower informs the Commission, before the beginning of the
20investigation, that he or she consents to an investigation taking place.

(3) In deciding whether to investigate, the Commission must take into
account the public interest.

(4) Subsection (2) is subject to section 29G (which deals with the position
where the concern is a conduct matter for the purposes of Part 2).

(5) 25Schedule 3A (which makes provision about the procedure etc where
the Commission decides to investigate under subsection (2)) has effect.

29F Commission’s powers and duties where it decides not to investigate

(1) If the Commission decides not to carry out an investigation under
section 29E(2), the Commission must inform the whistle-blower of the
30decision.

(2) In such a case, the Commission may, with the consent of the whistle-
blower—

(a) disclose the nature of the concern to the appropriate authority,
and

(b) 35make recommendations in the light of the concern.

(3) In this Part, “appropriate authority” means—

(a) if the concern relates to a chief officer or an acting chief officer,
the local policing body for the area of the police force of which
he or she is a member;

(b) 40if the concern relates to any other person, the chief officer under
whose direction and control that person is;

(c) if the concern does not relate to any particular persons, the chief
officer of the police force to which the concern relates.

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(4) The Secretary of State may by regulations make further provision about
recommendations under subsection (2).

(5) The regulations may (amongst other things)—

(a) describe the kinds of recommendations that the Commission
5may make under subsection (2);

(b) specify the persons to whom the recommendations may be
made;

(c) authorise the Commission to require a response to any
recommendation made by the Commission under subsection
10(2).

29G Special provision for “conduct matters”

(1) Before deciding whether to carry out an investigation under section
29E(2), the Commission must consider whether the concern is about a
conduct matter for the purposes of Part 2 (see section 12(2)).

(2) 15If the Commission determines that the concern is about a conduct
matter for the purposes of Part 2—

(a) it may not carry out an investigation under section 29E(2), and

(b) it must notify the appropriate authority in relation to the person
whose conduct is in question of its determination.

(3) 20Where the appropriate authority in relation to the person whose
conduct is in question is notified under subsection (2), it must record
the matter under paragraph 11 of Schedule 3 to this Act as a conduct
matter.

(4) The Secretary of State may by regulations make provision modifying
25Schedule 3 in relation to a conduct matter that, in accordance with
subsection (3), is recorded under paragraph 11 of that Schedule but
only for the purpose of making provision for the protection of the
anonymity of whistle-blowers.

29H Commission’s powers and duties where whistle-blower is deceased

(1) 30The power of the Commission to carry out an investigation under
section 29E(2) applies where the whistle-blower dies before the
Commission becomes aware of the concern (or before it decides to
investigate).

(2) Any investigation begun by the Commission under section 29E(2)
35before the death of the whistle-blower may be continued after the
death.

(3) Where a whistle-blower dies—

(a) any requirement under this Part to obtain the consent of the
whistle-blower may be satisfied by obtaining the consent of that
40person’s approved representative;

(b) any requirement under this Part to give any document or other
information to the whistle-blower may be satisfied by giving
the document or other information to the person’s approved
representative;

(c) 45any requirement under this Part not to disclose the identity of
the whistle-blower does not apply or (where the Commission
became aware of the concern before the death) ceases to apply.

Policing and Crime BillPage 39

(4) For the purpose of this section, “approved representative” means a
person who has been approved by the Commission for the purposes of
this Part.

(5) The Commission may only approve a person who is—

(a) 5the widow or widower (or surviving civil partner) of the
deceased whistle-blower,

(b) a personal representative (within the meaning of section
55(1)(xi) of the Administration of Estates Act 1925) of the
deceased whistle-blower, or

(c) 10any other person appearing to the Commission to have, by
reason of a family or similar relationship with the deceased
whistle-blower, a relevant interest in the outcome of the
concern.

29I Duty to keep whistle-blowers informed

(1) 15Where the Commission carries out an investigation under section
29E(2), it must keep the whistle-blower properly informed about the
progress of the investigation and its outcome.

(2) The Secretary of State may by regulations provide for exceptions to the
duty under subsection (1).

(3) 20The power conferred by subsection (2) may be exercised only to the
extent that the Secretary of State considers necessary for any of the
permitted non-disclosure purposes.

(4) “The permitted non-disclosure purposes” are—

(a) preventing the premature or inappropriate disclosure of
25information that is relevant to, or may be used in, any actual or
prospective criminal proceedings;

(b) preventing the disclosure of information in any circumstances
in which it has been determined in accordance with the
regulations that its non-disclosure—

(i) 30is in the interests of national security,

(ii) is for the purposes of the prevention or detection of
crime or the apprehension or prosecution of offenders,

(iii) is for the purposes of the investigation of an allegation
of misconduct against the whistle-blower or the taking
35of disciplinary proceedings or other appropriate action
in relation to such an allegation,

(iv) is for the purposes of an investigation under Part 2 that
relates to the whistle-blower,

(v) is required on proportionality grounds, or

(vi) 40is otherwise necessary in the public interest.

(5) The non-disclosure of information is required on proportionality
grounds if its disclosure would cause, directly or indirectly, an adverse
effect which would be disproportionate to the benefits arising from its
disclosure.

29J 45Protection of anonymity of whistle-blowers

(1) The Secretary of State may by regulations make provision setting out
the circumstances in which the Commission is required or authorised