Policing and Crime Bill (HC Bill 3)

Policing and Crime BillPage 50

carried out (including by encouraging the efficient and effective use of
resources in the carrying out of those functions).

(4) In carrying out its functions the Office must in particular have regard
to public confidence in the existence of suitable arrangements with
5respect to the matters mentioned in section 10(2) and with the operation
of the arrangements that are in fact maintained with respect to those
matters.

(5) The Office may do anything which appears to it to be calculated to
facilitate, or is incidental or conducive to, the carrying out of its
10functions.

10B Efficiency etc in exercise of functions

The Director General and the Office must carry out their functions
efficiently and effectively.

10C Strategy for exercise of functions

(1) 15The Director General and the Office must jointly—

(a) prepare a strategy for the carrying out of their functions, and

(b) review the strategy (and revise it as appropriate) at least once
every 12 months.

(2) The strategy must set out how the Director General and the Office
20propose to carry out their functions in the relevant period.

(3) The strategy must also include a plan for the use during the relevant
period of resources for the carrying out of functions of the Director
General and the Office.

(4) The Director General and the Office must each give effect to the
25strategy in carrying out their functions.

(5) The Director General and the Office must jointly publish a strategy (or
revised strategy) prepared under this section (stating the time from
which it takes effect).

(6) In this section “relevant period”, in relation to a strategy, means the
30period of time that is covered by the strategy.

10D Code of practice

(1) The Director General and the Office must jointly prepare a code of
practice dealing with the relationship between the Director General
and the Office.

(2) 35In doing so, they must (in particular) seek to reflect the principle that
the Director General is to act independently when making decisions in
connection with the carrying out of the Director General’s functions.

(3) The code must include provision as to the following—

(a) how the strategy required by section 10C is to be prepared,
40reviewed and revised;

(b) the matters to be covered by the strategy and the periods to be
covered by it from time to time;

(c) how the carrying out of functions by the Director General is to
be monitored and reviewed by other members of the Office;

Policing and Crime BillPage 51

(d) the giving of advice to the Director General by other members
of the Office in connection with the carrying out of functions by
the Director General;

(e) the keeping of written records of instances where the Director
5General has not followed advice given by other members of the
Office and the reasons for not doing so;

(f) how non-executive members of the Office are to give practical
effect to the requirement imposed by subsection (2).

(4) The Code may include whatever other provision the Director General
10and the Office think appropriate.

(5) The Director General and the Office must jointly review the code
regularly and revise it as appropriate.

(6) The Director General and the Office must each comply with the code.

(7) The Director General and the Office must jointly publish a code (or
15revised code) prepared under this section (stating the time from which
it takes effect).”

CHAPTER 6 Inspection

33 Powers of inspectors to obtain information, access to police premises etc

(1) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s
20Inspectors of Constabulary), for paragraphs 6A and 6B substitute—

“Powers of inspectors to obtain information etc

6A (1) An inspector may serve on a person a notice requiring the person—

(a) to provide the inspector with any information or documents
that the inspector reasonably requires for the purposes of an
25inspection under section 54;

(b) to produce or deliver up to the inspector any evidence or
other things that the inspector reasonably requires for those
purposes.

This is subject to sub-paragraphs (6) to (9).

(2) 30A notice under this paragraph must—

(a) specify or describe the information, documents, evidence or
other things that are required by the inspector;

(b) specify the period within which the information, documents,
evidence or other things must be provided, produced or
35delivered up;

(c) give details of the right of appeal under paragraph 6D against
the notice.

(3) A period specified under sub-paragraph (2)(b) must not end before
the end of the period within which an appeal can be brought against
40the notice.

Policing and Crime BillPage 52

(4) A notice under this paragraph may specify the form and manner in
which any information, documents, evidence or other things are to
be provided, produced or delivered up.

(5) An inspector may cancel a notice under this paragraph by written
5notice to the person on whom it was served.

(6) A notice under this paragraph must not be used to obtain
information, or any document or other thing, from—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) 10the Government Communications Headquarters,

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

(e) the Crown Prosecution Service,

(f) the Service Prosecuting Authority, or

(g) 15the Serious Fraud Office.

(7) A notice under this paragraph must also not be used to obtain
information, or any document or other thing, from any person if—

(a) the information, or the document or other thing, was
obtained by that person (directly or indirectly) from a body
20or other entity mentioned in sub-paragraph (6), or

(b) the information, or the document or other thing, relates to a
body or other entity mentioned in that sub-paragraph.

(8) A notice under this paragraph must not require a person—

(a) to provide information that might incriminate the person;

(b) 25to provide an item subject to legal privilege within the
meaning of the Police and Criminal Evidence Act 1984 (see
section 10 of that Act);

(c) to make a disclosure that would be prohibited by Part 1 of the
Regulation of Investigatory Powers Act 2000;

(d) 30to provide information that was provided to the person by, or
by an agency of, the government of a country or territory
outside the United Kingdom where that government does
not consent to the disclosure of the information.

(9) A notice under this paragraph must not require a postal or
35telecommunications operator (within the meaning of Chapter 2 of
Part 1 of the Regulation of Investigatory Powers Act 2000) to provide
communications data (within the meaning of that Chapter).

(10) In this paragraph—

  • “document” means anything in which information of any
    40description is recorded;

  • “inspector” means—

    (a)

    an inspector of constabulary, or

    (b)

    a person appointed under section 56 as an assistant
    inspector of constabulary or staff officer to the
    45inspectors of constabulary.

Policing and Crime BillPage 53

Powers of inspectors to obtain access to police premises

6B (1) An inspector may serve on a person a notice requiring the person to
allow the inspector access, which the inspector reasonably requires
for the purposes of an inspection under section 54, to—

(a) 5premises that are occupied for the purposes of—

(i) a police force,

(ii) a local policing body, or

(iii) a person providing services, in pursuance of
contractual arrangements (but without being
10employed by a chief officer of police of the police
force or its local policing body), to assist a police force
in relation to the discharge of its chief officer’s
functions, and

(b) documents and other things on those premises.

(2) 15A notice under this paragraph must—

(a) specify or describe the premises to which the inspector
requires access;

(b) specify the time when access is required;

(c) give details of the right of appeal under paragraph 6D against
20the notice.

(3) Where there are reasonable grounds for not allowing the inspector to
have access to the premises at the time specified under sub-
paragraph (2)(b), the requirement under this paragraph has effect as
a requirement to secure that access is allowed to the inspector at the
25earliest practicable time specified by the inspector after there cease to
be such grounds.

(4) A time specified under sub-paragraph (2)(b) or (3) must be after the
end of the period within which an appeal can be brought against the
notice.

(5) 30An inspector may cancel a notice under this paragraph by written
notice to the person on whom it was served.

(6) In this paragraph “document” and “inspector” have the same
meanings as in paragraph 6A.

Failure to comply with notice under paragraph 6A or 6B

6C (1) 35If a person who has received a notice under paragraph 6A or 6B—

(a) fails or refuses without reasonable excuse to do what is
required by the notice, or

(b) (in the case of a notice under paragraph 6A) knowingly or
recklessly provides information in response to the notice that
40is false in a material respect,

the chief inspector of constabulary may certify in writing to the High
Court that the person has failed to comply with the notice.

(2) The High Court may then inquire into the matter and, after hearing
any witness who may be produced against or on behalf of the person,
45and after hearing any statement offered in defence, deal with the
person as if the person had committed a contempt of court.

Policing and Crime BillPage 54

Appeals against notices under paragraph 6A or 6B

6D (1) A person on whom a notice is served under paragraph 6A or 6B may
appeal against the notice to the First-tier Tribunal on the ground that
the notice is not in accordance with the law.

(2) 5If an appeal is brought, any requirement imposed by the notice is of
no effect pending the determination or withdrawal of the appeal.

(3) If the Tribunal considers that the notice is not in accordance with the
law—

(a) it must quash the notice, and

(b) 10it may give directions regarding the service of a further notice
under paragraph 6A or 6B.

Sensitive information: restriction on further disclosure

6E (1) Where an inspector receives information within sub-paragraph (2),
the inspector must not disclose the information, or the fact that it has
15been received, unless the relevant authority consents to the
disclosure.

(2) The information is—

(a) intelligence service information;

(b) intercept information;

(c) 20information obtained from a government department which,
at the time it is provided to the inspector, is identified by the
department as information the disclosure of which may, in
the opinion of the relevant authority—

(i) cause damage to national security, international
25relations or the economic interests of the United
Kingdom or any part of the United Kingdom, or

(ii) jeopardise the safety of any person.

(3) Where an inspector discloses to another person information within
sub-paragraph (2), or the fact that the inspector has received it, the
30other person must not disclose that information or that fact unless
the relevant authority consents to the disclosure.

(4) A prohibition on disclosure in sub-paragraph (1) or (3) does not
apply to disclosure by one inspector to another.

(5) In this paragraph—

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

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service, or

    (c)

    the Government Communications Headquarters
    40(“GCHQ”);

  • “inspector” means—

    (a)

    an inspector of constabulary, or

    (b)

    a person appointed under section 56 as an assistant
    inspector of constabulary or staff officer to the
    45inspectors of constabulary;

  • Policing and Crime BillPage 55

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

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service,

    (c)

    5GCHQ, or

    (d)

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

  • “intercept information” means information relating to any of
    the matters mentioned in section 19(3) of the Regulation of
    10Investigatory Powers Act 2000;

  • “Minister of the Crown” includes the Treasury;

  • “relevant authority” means—

    (a)

    in the case of intelligence service information
    obtained (directly or indirectly) from or relating to the
    15Security Service, the Director-General of the Security
    Service;

    (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
    20Intelligence Service;

    (c)

    in 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
    25obtained (directly or indirectly) from or relating to
    Her Majesty’s forces 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
    30addressed;

    (f)

    in the case of information within sub-paragraph
    (2)(c)

    (i)

    the Secretary of State, or

    (ii)

    the Minister of the Crown in charge of the
    35government department from which the
    information was obtained (if that Minister is
    not a Secretary of State);

  • “relevant interception warrant” means the interception warrant
    issued under section 5 of the Regulation of Investigatory
    40Powers Act 2000 that relates to the intercept information.

Provision of sensitive information to inspectors

6F (1) A person who provides information that is intelligence service
information or intercept information to an inspector (whether under
a provision of this Schedule or otherwise) must—

(a) 45make the inspector aware that the information is intelligence
service information or (as the case may be) intercept
information, and

(b) provide the inspector with such additional information as
will enable the inspector to identify the relevant authority in
50relation to the information.

Policing and Crime BillPage 56

(2) In this paragraph, “inspector”, “intelligence service information”,
“intercept information” and “relevant authority” have the same
meaning as in paragraph 6E.”

(2) Omit section 86 of the Police Reform and Social Responsibility Act 2011 (which
5is spent as a result of subsection (1) above).

34 Inspectors and inspections: miscellaneous

(1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of
constabulary), after subsection (6) insert—

(7) For the purposes of this section, a police force includes—

(a) 10staff appointed by the chief officer of police of the police force;

(b) staff appointed by a local policing body if, or to the extent that,
they are employed to assist the police force;

(c) persons providing services, in pursuance of contractual
arrangements (but without being employed by the chief officer
15of police of the police force or its local policing body), to assist
the police force in relation to the discharge of its chief officer’s
functions.”

(2) In section 55 of that Act (publication of reports of inspections), after subsection
(5) insert—

(5A) 20The comments of the local policing body, together with any comments
submitted by the chief officer of police and any response to those
comments by the local policing body, must be published before the end
of the period of 56 days beginning with the day on which the report is
published.

(5B) 25If the published report includes a recommendation, the comments of
the local policing body must include an explanation of—

(a) the action the local policing body has taken or proposes to take
in response to the recommendation, or

(b) why the local policing body has not taken, or does not propose
30to take, any action in response.”

(3) In that section, in subsection (6), for the words after “subsection (5)” substitute
“to—

(a) the inspectors of constabulary, and

(b) the Secretary of State.”

(4) 35In section 56 of that Act (assistant inspectors and staff officers), in subsections
(1) and (2), for “Secretary of State” substitute “chief inspector of constabulary”.

(5) In paragraph 2 of Schedule 4A to that Act (inspection programmes and
inspection frameworks)—

(a) in sub-paragraph (1)(a), for “he proposes” substitute “the inspectors of
40constabulary propose”;

(b) in sub-paragraph (1)(b), for “he proposes to carry out his” substitute
“they propose to carry out their”;

Policing and Crime BillPage 57

(c) after sub-paragraph (5) insert—

(6) The chief inspector of constabulary or, at the request of the
chief inspector, any other inspector may carry out inspections
that have not been set out in an inspection programme (and
5have not been required under section 54(2B) or requested
under section 54(2BA)).

(7) Before deciding to carry out, or to request another inspector
to carry out, an inspection that has not been set out in an
inspection programme, the chief inspector of constabulary
10must consult —

(a) the Secretary of State, and

(b) the local policing body for the police force to which
the inspection relates.”

(6) In Schedule 6 to the Crime and Courts Act 2013 (inspection and complaints), in
15paragraph 4, after sub-paragraph (1) insert—

(1A) The comments must be published before the end of the period of 56
days beginning with the day on which the HMIC report is published
by the Secretary of State.

(1B) If the HMIC report includes a recommendation, the comments must
20include an explanation of—

(a) the action the Director General has taken or proposes to take
in response to the recommendation, or

(b) why the Director General has not taken, or does not propose
to take, any action in response.”

25Part 3 Police workforce and representative institutions

CHAPTER 1 Police workforce

Powers of police civilian staff and volunteers

35 Powers of police civilian staff and police volunteers

(1) 30Chapter 1 of Part 4 of the Police Reform Act 2002 (exercise of police powers etc
by civilians) is amended as follows.

(2) In section 38 (police powers for civilian staff), for subsections (1) and (2)
substitute—

(1) The chief officer of police of any police force may designate a relevant
35employee as either or both of the following—

(a) a community support officer;

(b) a policing support officer.

(1A) The chief officer of police of any police force may designate a police
volunteer as either or both of the following—

Policing and Crime BillPage 58

(a) a community support volunteer;

(b) a policing support volunteer.”

(3) In that section, omit subsections (5A) to (6A).

(4) In that section, before subsection (7) insert—

(6B) 5The powers and duties that may be conferred or imposed on a person
designated under this section are—

(a) any power or duty of a constable, other than a power or duty
specified in Part 1 of Schedule 3B (excluded powers and duties);

(b) where the person is designated as a community support officer
10or a community support volunteer, any power or duty that is
described in Schedule 3C as a power or duty of a community
support officer or community support volunteer.

(6C) The Secretary of State may by regulations amend Part 1 of Schedule 3B
so as to add to the list of powers and duties specified in it.

(6D) 15Part 2 of Schedule 3B makes provision about the application of
legislation in relation to powers or duties of a constable that may be
exercised or performed by a person designated under this section.

(6E) Any power or duty of a constable that is conferred or imposed on a
person designated under this section by a chief officer of police of a
20police force may (subject to provision included in the designation
under subsection (6F)) be exercised or performed by the person—

(a) in the area of that police force, and

(b) in any cases or circumstances in which it could be exercised or
performed by a constable who is a member of that force.

(6F) 25A designation under this section may provide that any power or duty
of a constable that is conferred or imposed by the designation may be
exercised or performed by the person designated—

(a) in such areas outside the area of the police force in question as
are specified in the designation (as well as within the area of the
30police force);

(b) only in such parts of the area of that police force as are specified
in the designation;

(c) only in cases or circumstances so specified.”

(5) In that section, after subsection (7) insert—

(7A) 35A police volunteer authorised or required to do anything by virtue of a
designation under this section —

(a) shall not be authorised or required by virtue of that designation
to engage in any conduct otherwise than while acting as a police
volunteer;

(b) 40shall be so authorised or required subject to such restrictions
and conditions (if any) as may be specified in the designation.”

(6) After subsection (9) insert—

(9A) The chief officer of police of a police force must ensure that no person
designated by the chief officer under this section is authorised to use a
45firearm, within the meaning given by section 57(1) of the Firearms Act
1968, in carrying out functions for the purposes of the designation.

Policing and Crime BillPage 59

(9B) However, subsection (9A) does not apply to—

(a) the use of a weapon, designed or adapted for the discharge of
either of the following substances, for the purpose of
discharging either of those substances—

(i) 5the substance, commonly known as “CS spray”, that is
produced by the use of 2-chlorobenzalmalononitrile;

(ii) the substance, commonly known as PAVA spray, that is
produced by the use of pelargonic acid vanillylamide;

(b) the use of a weapon for a purpose specified in regulations made
10by the Secretary of State;

(c) the use of a weapon of a description specified in regulations
made by the Secretary of State, whether generally or for a
purpose so specified.”

(7) After subsection (9B) (as inserted by subsection (6) above) insert—

(9C) 15A statutory instrument containing regulations under subsection (6C) or
(9B)(b) or (c) may not be made unless a draft of the instrument has been
laid before and approved by a resolution of each House of Parliament.”

(8) In that section, at the end insert—

(12) In this section, “police volunteer” means a person who is under the
20direction and control of the chief officer making a designation under
subsection (1A) otherwise than because the person is a constable, a
special constable or a relevant employee.

(13) For the purpose of subsection (12), a person is to be treated as a relevant
employee only in relation to times when the person is acting in the
25course of the person’s employment.”

(9) In the heading to section 38, after “civilian staff” insert “and volunteers”.

(10) Omit section 38A (standard powers and duties of community support officers).

(11) After Schedule 3 insert —

(a) the new Schedule 3B set out in Schedule 9 to this Act, and

(b) 30(after that new Schedule) the new Schedule 3C set out in Schedule 10 to
this Act.

36 Application of Firearms Act 1968 to the police: special constables and
volunteers

(1) The Firearms Act 1968 is amended as follows.

(2) 35In section 54 of that Act (Application of Parts 1 and 2 to Crown servants), in
subsection (3)—

(a) after paragraph (b) insert—

(ba) a community support volunteer or a policing support
volunteer designated under section 38 of the Police
40Reform Act 2002 by the chief constable of a police force
in England and Wales,”;

(b) after paragraph (f) insert , or

(g) a community support volunteer or a policing support
volunteer designated under section 38 of the Police
45Reform Act 2002 (as it applies by virtue of section 28 of