Policing and Crime Bill (HC Bill 3)

(7) Regulations under subsection (6) may (amongst other things) make
provision about—

(a) the steps that a local policing body must take before giving a
notice;

(b) 5the circumstances in which a notice may be withdrawn.””

12 Definition of police complaint

(1) Section 12 of the Police Reform Act 2002 (complaints, matters and persons to
which Part 2 of the Act applies) is amended as follows.

(2) For subsection (1) substitute—

“(1) 10In this Part references to a complaint are references (subject to the
following provisions of this section) to any expression of dissatisfaction
with a police force which is expressed (whether in writing or otherwise)
by or on behalf of a member of the public.

(1A) But an expression of dissatisfaction is a complaint for the purposes of
15this Part—

(a) where it relates to conduct of a person serving with the police,
only if the person in question is a person falling within
subsection (1B);

(b) in any other case, only if the person in question has been
20adversely affected by the matter about which dissatisfaction is
expressed.

(1B) In relation to an expression of dissatisfaction that relates to conduct of
a person serving with the police, a person falls within this subsection if
the person is—

(a) 25a person who claims to be the person in relation to whom the
conduct took place;

(b) a person not falling within paragraph (a) who claims to have
been adversely affected by the conduct; or

(c) a person who claims to have witnessed the conduct.””

(3) 30In subsection (3)—

(a) for “subsection (1)(b)” substitute “subsection (1B)(b)”;

(b) for “made by or on behalf of a person who” substitute “where the
person in question”.

(4) After subsection (4) insert—

“(4A) 35In this section, “the person in question” means the person expressing
dissatisfaction or the person on whose behalf dissatisfaction is being
expressed.””

(5) In subsection (6), for the words before paragraph (a) substitute “For the
purposes of this Part a person may authorise another person to make a
40complaint on his behalf only if—”.

(6) Schedule 3 makes amendments of the Police Reform Act 2002 in consequence
of the amendments of section 12 of that Act made by this section.

13 Duty to keep complainant and other interested persons informed

(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended
as follows.

(2) In section 20 (duty to keep the complainant informed), after subsection (3)
5insert—

“(3A) In any case in which a complaint is being handled—

(a) in accordance with paragraph 6(2A) of Schedule 3 otherwise
than by the appropriate authority making arrangements for the
complaint to be investigated by the authority on its own behalf,
10or

(b) otherwise than in accordance with Schedule 3 (as to which see
paragraph 2(6C) of that Schedule),

it shall be the duty of the appropriate authority to provide the
complainant with all such information as will keep him properly
15informed, while the complaint is being handled and subsequently, of
all the matters mentioned in subsection (4).””

(3) In section 20, for subsection (4) substitute—

“(4) The matters of which the complainant must be kept properly informed
are—

(a) 20the progress of the handling of the complaint;

(b) the outcome of the handling of the complaint;

(c) any right to apply for a review conferred on the complainant by
paragraph 6A or 25 of Schedule 3 (as the case may be);

(d) such other matters as may be specified in regulations made by
25the Secretary of State.

(4A) The generality of subsection (4)(a) and (b) is not affected by any
requirement to notify the complainant that is imposed by any other
provision of this Part.””

(4) In section 20, after subsection (8) insert—

“(8A) 30In any case in which there is an investigation of a complaint, the
Commission or the appropriate authority may comply with its duty
under subsection (1) or (2) (as the case may be) so far as relating to the
findings of a report submitted under provision made by virtue of
paragraph 20A(4)(b) of Schedule 3, or a report of the investigation
35submitted under paragraph 22 of Schedule 3, by sending the
complainant a copy of the report.

(8B) Subsection (8A) applies notwithstanding any obligation of secrecy
imposed by any rule of law or otherwise but is subject to—

(a) regulations made under subsection (5), and

(b) 40section 21A.””

(5) In section 20(9), after “under this Part” insert “, or who is otherwise involved in
the handling of a complaint under this Part,”.

(6) In section 21 (duty to provide information for other persons), after subsection
(8) insert—

“(8A) 45In any case in which—

(a) the complaint is being handled in accordance with paragraph
6(2A) of Schedule 3 otherwise than by the appropriate authority
making arrangements for the complaint to be investigated by
the authority on its own behalf, or

(b) 5the recordable conduct matter or DSI matter is being handled in
a manner determined by the appropriate authority in
accordance with paragraph 10(4D), 11(3E), 14(2) or 14D(2) of
Schedule 3 otherwise than by the appropriate authority making
arrangements for the matter to be investigated by the authority
10on its own behalf,

it shall be the duty of the appropriate authority to provide the
interested person with all such information as will keep him properly
informed, while the complaint, recordable conduct matter or DSI
matter is being handled and subsequently, of all the matters mentioned
15in subsection (9).””

(7) In section 21, for subsection (9) substitute—

“(9) The matters of which the interested person must be kept properly
informed are—

(a) the progress of the handling of the complaint, recordable
20conduct matter or DSI matter;

(b) the outcome of the handling of the complaint, recordable
conduct matter or DSI matter;

(c) such other matters as may be specified in regulations made by
the Secretary of State.

(9A) 25The generality of subsection (9)(a) and (b) is not affected by any
requirement to notify an interested person that is imposed by any other
provision of this Part.””

(8) In section 21, after subsection (11) insert—

“(11A) In any case in which there is an investigation of a complaint, recordable
30conduct matter or DSI matter, the Commission or the appropriate
authority may comply with its duty under subsection (6) or (7) (as the
case may be) so far as relating to the findings of a report submitted
under provision made by virtue of paragraph 20A(4)(b) of Schedule 3,
or a report of the investigation submitted under paragraph 22 or 24A of
35Schedule 3, by sending an interested person a copy of the report.

(11B) Subsection (11A) applies notwithstanding any obligation of secrecy
imposed by any rule of law or otherwise but is subject to—

(a) regulations made under subsection (10), and

(b) section 21A.””

(9) 40In Schedule 3—

(a) in paragraph 23 (action by the Commission in response to an
investigation report under paragraph 22), omit sub-paragraphs (4) and
(9) to (12);

(b) in paragraph 24 (action by the appropriate authority in response to an
45investigation report under paragraph 22), omit sub-paragraphs (4) and
(7) to (10).

(10) In consequence of the repeal made by subsection (9)(b), Schedule 3 is further
amended as follows—

(a) in paragraph 24, after sub-paragraph (6A) (as inserted by Schedule 4)
insert—

“(6B) It shall be the duty of the appropriate authority—

(a) to take the action which it determines under sub-
5paragraph (6) that it is required to, or will in its
discretion, take, and

(b) in a case where that action consists of or includes the
bringing of disciplinary proceedings, to secure that
those proceedings, once brought, are proceeded with
10to a proper conclusion.”;”

(b) in paragraph 27 (duties with respect to disciplinary proceedings etc)—

(i) in sub-paragraph (1), omit paragraph (a) (including the “or” at
the end);

(ii) in sub-paragraph (2)(a), omit “which has been or is required to
15be notified or, as the case may be,”.

(11) In consequence of the repeals made by subsection (9), omit the following—

(a) in the Criminal Justice and Immigration Act 2008, in Schedule 23, omit
paragraph 14(7) and (8);

(b) in the Anti-social Behaviour, Crime and Policing Act 2014, in Part 3 of
20Schedule 11, omit paragraph 95(6).

14 Complaints, conduct matters and DSI matters: procedure

Schedule 4 amends Schedule 3 to the Police Reform Act 2002 (handling of
complaints and conduct matters etc).

15 Initiation of investigations by IPCC

(1) 25Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct
matters etc) is amended as follows.

(2) In paragraph 4 (reference of complaints to the Commission), in sub-paragraph
(7), in the words before paragraph (a), after “occasion” insert “, or that has been
treated as having been so referred by virtue of paragraph 4A”.

(3) 30After paragraph 4 insert—

““Power of Commission to treat complaint as having been referred

4A (1) The Commission may treat a complaint that comes to its attention
otherwise than by having been referred to it under paragraph 4 as
having been so referred.

(2) 35Where the Commission treats a complaint as having been referred to
it—

(a) paragraphs 2 and 4 do not apply, or cease to apply, in relation
to the complaint except to the extent provided for by
paragraph 4(7), and

(b) 40paragraphs 5, 6, 6A, 15 and 25 apply in relation to the
complaint as if it had been referred to the Commission by the
appropriate authority under paragraph 4.

(3) The Commission must notify the following that it is treating a
complaint as having been referred to it—

(a) the appropriate authority;

(b) the complainant;

(c) 5except in a case where it appears to the Commission that to
do so might prejudice an investigation of the complaint
(whether an existing investigation or a possible future one),
the person complained against (if any).

(4) Where an appropriate authority receives a notification under sub-
10paragraph (3) in respect of a complaint and the complaint has not yet
been recorded, the appropriate authority must record the
complaint.””

(4) In paragraph 11 (recording etc of conduct matters otherwise than where
conduct matters arise in civil proceedings), omit sub-paragraph (5).

(5) 15In paragraph 13 (reference of conduct matters to the Commission), in sub-
paragraph (7), in the words before paragraph (a), after “occasion” insert “, or
that has been treated as having been so referred by virtue of paragraph 13A”.

(6) After paragraph 13 insert—

““Power of Commission to treat conduct matter as having been referred

13A (1) 20The Commission may treat a conduct matter that comes to its
attention otherwise than by having been referred to it under
paragraph 13 as having been so referred.

(2) Where the Commission treats a conduct matter as having been
referred to it—

(a) 25paragraphs 10, 11 and 13 do not apply, or cease to apply, in
relation to the matter except to the extent provided for by
paragraph 13(7), and

(b) paragraphs 14 and 15 apply in relation to the matter as if it
had been referred to the Commission by the appropriate
30authority under paragraph 13.

(3) The Commission must notify the following that it is treating a
conduct matter as having been referred to it—

(a) the appropriate authority;

(b) except in a case where it appears to the Commission that to
35do so might prejudice an investigation of the matter (whether
an existing investigation or a possible future one), the person
to whose conduct the matter relates.

(4) Where an appropriate authority receives a notification under sub-
paragraph (3) in respect of a conduct matter and the matter has not
40yet been recorded, the appropriate authority must record the
matter.””

(7) In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).

(8) In paragraph 14C (reference of DSI matters to the Commission), in sub-
paragraph (3), after “occasion” insert “, or that has been treated as having been
45so referred by virtue of paragraph 14CA,”.

(9) After paragraph 14C insert—

““Power of Commission to treat DSI matter as having been referred

14CA (1) The Commission may treat a DSI matter that comes to its attention
otherwise than by having been referred to it under paragraph 14C as
5having been so referred.

(2) Where the Commission treats a DSI matter as having been referred
to it—

(a) paragraphs 14A and 14C do not apply, or cease to apply, in
relation to the matter except to the extent provided for by
10paragraph 14C(3), and

(b) paragraphs 14D and 15 apply in relation to the matter as if it
had been referred to the Commission by the appropriate
authority under paragraph 14C.

(3) The Commission must notify the appropriate authority that it is
15treating a DSI matter as having been referred to it.

(4) Where an appropriate authority receives a notification under sub-
paragraph (3) in respect of a DSI matter and the matter has not yet
been recorded, the appropriate authority must record the matter.””

(10) In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act),
20in subsection (1), in paragraph (a) of the definition of “recordable conduct
matter”, for “or 11” substitute “, 11 or 13A”.

16 IPCC power to require re-investigation

(1) In Part 2 of the Police Reform Act 2002 (complaints and misconduct), after
section 13A (as inserted by section 11) insert—

“13B 25Power of the Commission to require re-investigation

(1) This section applies where—

(a) a report on an investigation of a complaint, recordable conduct
matter or DSI matter carried out under the direction of the
Commission has been submitted to it under paragraph 22(3) or
3024A of Schedule 3, or

(b) a report on an investigation of a complaint, recordable conduct
matter or DSI matter carried out by a person designated by the
Commission has been submitted to it under paragraph 22(5) or
24A of Schedule 3.

(2) 35The Commission may at any time determine that the complaint,
recordable conduct matter or DSI matter is to be re-investigated if it is
satisfied that there are compelling reasons for doing so.

(3) Where the Commission makes a determination under subsection (2), it
must determine that the re-investigation is to take the form of an
40investigation by the Commission unless subsection (4) applies, in
which case the Commission must determine that the re-investigation is
to take the form described in that subsection.

(4) This subsection applies where the Commission determines that it
would be more appropriate for the re-investigation to take the form of

an investigation by the appropriate authority under the direction of the
Commission.

(5) Where—

(a) the Commission determines under subsection (3) or (7) that a re-
5investigation is to take the form of an investigation by the
Commission, and

(b) at any time after that the Commission determines that
subsection (4) applies in relation to the re-investigation,

the Commission may make a further determination under this section
10(to replace the earlier one) that the re-investigation is instead to take the
form of an investigation by the appropriate authority under the
direction of the Commission.

(6) Where the Commission determines under subsection (3) or (5) that a re-
investigation is to take the form of an investigation by the appropriate
15authority under the direction of the Commission, the Commission
must keep under review whether subsection (4) continues to apply in
relation to the re-investigation.

(7) If, on such a review, the Commission determines that subsection (4) no
longer applies in relation to a re-investigation, the Commission must
20make a further determination under this section (to replace the earlier
one) that the re-investigation is instead to take the form of an
investigation by the Commission.

(8) Sub-paragraphs (6) and (7) of paragraph 15 of Schedule 3 shall apply in
relation to a further determination under subsection (5) or (7) as they
25apply in the case of a further determination under sub-paragraph (5A)
or (5B) of that paragraph.

(9) The other provisions of Schedule 3 shall apply in relation to any re-
investigation in pursuance of a determination under this section as they
apply in relation to any investigation in pursuance of a determination
30under paragraph 15.

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

(11) The Commission shall also notify the following of any determination
35that it makes under this section and of its reasons for making the
determination—

(a) every person entitled to be kept properly informed in relation to
the complaint, recordable conduct matter or DSI matter (as the
case may be) under section 21;

(b) 40where the determination is made in relation to a complaint, the
complainant;

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

(12) The duty imposed by subsection (11) on the Commission shall have
effect subject to such exceptions as may be provided for by regulations
45made by the Secretary of State.

(13) Subsections (6) to (8) of section 20 apply for the purposes of subsection
(12) as they apply for the purposes of that section.

(14) In relation to a matter that was formerly a DSI matter but was recorded
as a conduct matter in pursuance of paragraph 21A(5) of Schedule 3, the
reference in subsection (10) to the appropriate authority is a reference
to the appropriate authority in relation to the person whose conduct
5was in question.

(15) The reference to a report in subsection (1) includes a report on a re-
investigation by virtue of this section or paragraph 25 of Schedule 3.””

(2) Part 3 of Schedule 3 to the Police Reform Act 2002 (handling of complaints and
conduct matters etc: investigations and subsequent proceedings) is amended
10as follows.

(3) In paragraph 23 (action by the Commission in response to an investigation
report under paragraph 22), after sub-paragraph (1) insert—

“(1A) But if, following the submission of such a report, the Commission
determines under section 13B that the complaint or recordable
15conduct matter is to be re-investigated the provisions of this
paragraph other than sub-paragraph (2)(a) do not apply, or cease to
apply, in relation to that report.””

(4) In paragraph 24A (final reports on investigations: DSI matters), after sub-
paragraph (5) (as inserted by Schedule 4) insert—

“(6) 20But sub-paragraphs (4) and (5) and paragraphs 24B and 24C do not
apply, or cease to apply, in relation to a report submitted under sub-
paragraph (2) if, following the submission of the report, the
Commission determines under section 13B that the DSI matter is to
be re-investigated.””

(5) 25In paragraph 27 (duties with respect to disciplinary proceedings etc), after sub-
paragraph (1) insert—

“(1A) But where this paragraph would otherwise apply by virtue of sub-
paragraph (1)(c), it does not apply, or ceases to apply, in relation to
the investigation if the Commission determines under section 13B
30that the DSI matter is to be re-investigated.””

(6) In paragraph 28B (response to recommendation by the Commission under
paragraph 28A), at the end insert—

“(12) This paragraph does not apply, or ceases to apply, in relation to a
recommendation made by virtue of paragraph 28A(1) if the
35Commission determines under section 13B that the complaint,
recordable conduct matter or DSI matter that the Commission received
a report on is to be re-investigated.””

17 Sensitive information received by IPCC: restriction on disclosure

(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended
40as follows.

(2) After section 21 insert—

“21A Restriction on disclosure of sensitive information

(1) Where the Commission receives information within subsection (3), the
Commission must not disclose (whether under section 11, 20 or 21 or

otherwise) the information, or the fact that it has been received, unless
the relevant authority consents to the disclosure.

(2) Where a person appointed under paragraph 18 of Schedule 3 to
investigate a complaint or matter (a “paragraph 18 investigator”)
5receives information within subsection (3), the paragraph 18
investigator must not disclose the information, or the fact that it has
been received, to any person other than the Commission unless the
relevant authority consents to the disclosure.

(3) The information is—

(a) 10intelligence service information;

(b) intercept information;

(c) information obtained from a government department which, at
the time it is provided to the Commission or the paragraph 18
investigator, is identified by the department as information the
15disclosure of which may, in the opinion of the relevant
authority—

(i) cause damage to national security, international
relations or the economic interests of the United
Kingdom or any part of the United Kingdom, or

(ii) 20jeopardise the safety of any person.

(4) Where the Commission or a paragraph 18 investigator discloses to
another person information within subsection (3), or the fact that the
Commission or the paragraph 18 investigator has received it, the other
person must not disclose that information or that fact unless the
25relevant authority consents to the disclosure.

(5) In this section—

• “government department” means a department of Her Majesty’s
  Government but does not include—

  (a)

  the Security Service,

  (b)

  30the Secret Intelligence Service, or

  (c)

  the Government Communications Headquarters
  (“GCHQ”);

• “intelligence service information” means information that was
  obtained (directly or indirectly) from or that relates to—

  (a)

  35the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  GCHQ, or

  (d)

  any part of Her Majesty’s forces, or of the Ministry of
  Defence, which engages in intelligence activities;

• 40“intercept information” means information relating to any of the
  matters mentioned in section 19(3) of the Regulation of
  Investigatory Powers Act 2000;

• “Minister of the Crown” includes the Treasury;

• “paragraph 18 investigator” has the meaning given by subsection
  45(2);

• “relevant authority” means—

  (a)

  in the case of intelligence service information obtained
  (directly or indirectly) from or relating to the Security
  Service, the Director-General of the Security Service;

  Policing and Crime BillPage 29

  (b)

  in the case of intelligence service information obtained
  (directly or indirectly) from or relating to the Secret
  Intelligence Service, the Chief of the Secret Intelligence
  Service;

  (c)

  5in the case of intelligence service information obtained
  (directly or indirectly) from or relating to GCHQ, the
  Director of GCHQ;

  (d)

  in the case of intelligence service information obtained
  (directly or indirectly) from or relating to Her Majesty’s
  10forces or the Ministry of Defence, the Secretary of State;

  (e)

  in the case of intercept information, the person to whom
  the relevant interception warrant is or was addressed;

  (f)

  in the case of information within subsection (3)(c)—

  (i)

  the Secretary of State, or

  (ii)

  15the Minister of the Crown in charge of the
  government department from which the
  information was obtained (if that Minister is not
  a Secretary of State);

• “relevant interception warrant” means the interception warrant
  20issued under section 5 of the Regulation of Investigatory
  Powers Act 2000 that relates to the intercept information.

21B Provision of sensitive information to the Commission and certain
investigators

(1) A person who provides information that is intelligence service
25information or intercept information to the Commission or a paragraph
18 investigator (whether under a provision of this Part or otherwise)
must—

(a) make the Commission or the paragraph 18 investigator aware
that the information is intelligence service information or (as the
30case may be) intercept information, and

(b) provide the Commission or the paragraph 18 investigator with
such additional information as will enable the Commission or
the paragraph 18 investigator to identify the relevant authority
in relation to the information.

(2) 35In this section, “intelligence service information”, “intercept
information”, “paragraph 18 investigator” and “relevant authority”
have the same meaning as in section 21A.””

(3) In Schedule 3 (handling of complaints and conduct matters etc), in Part 3
(investigations and subsequent proceedings)—

(a) 40omit paragraph 19ZD (sensitive information: restriction on further
disclosure of information received under an information notice);

(b) in paragraph 22 (final reports on investigations: complaints, conduct
matters and certain DSI matters)—

(i) after sub-paragraph (6) insert—

“(6A) 45Where a person would contravene section 21A by
submitting, or (as the case may be) sending a copy of,
a report in its entirety to the appropriate authority
under sub-paragraph (2) or (3)(b), the person must
instead submit, or send a copy of, the report after
50having removed or obscured the information which