Police Reform and Social Responsibility Bill (HL Bill 86)

Membership and proceedings of Independent Police Complaints Commission

2 In section 9(2)(b) (minimum number of members of Commission), for “ten”
substitute “five”.

3 In Schedule 2 (the Independent Police Complaints Commission), in
5paragraph 10 (proceedings), omit sub-paragraph (6).

Complaints about policing

4 Omit section 14 (direction and control matters).

5 (1) In section 29(1) (interpretation of Part 2), in the definition of “conduct” in
subsection (1), for “and statements” substitute “, statements and decisions”.

(2) 10In Schedule 3 (handling of complaints and conduct matters), in paragraph 4
(reference of complaints to the Commission), after sub-paragraph (7)
insert—

“(8) In a case where—

(a) a complaint relates to a direction and control matter, and

(b) 15there is no obligation under this paragraph for the
appropriate authority to refer the complaint to the
Commission,

the appropriate authority may refer the complaint to the
Commission under this paragraph only if the Commission
20consents.”.

6 In consequence of paragraph 4—

(a) in section 10 (general functions of the Commission), omit subsection
(8);

(b) in section 13 (handling of complaints, conduct matters and DSI
25matters etc), omit “subject to section 14(1)”.

Power of local policing body to direct chief officer of police to comply with obligations

7 In section 15 (general duties of local policing bodies, chief officers and
inspectors), after subsection (2) insert—

“(2A) Subsection (2B) applies in a case where it appears to a local policing
30body that—

(a) an obligation to act or refrain from acting has arisen by or
under this Part,

(b) that obligation is an obligation of the chief officer of police of
the police force which is maintained by the local policing
35body, and

(c) the chief officer has not yet complied with that obligation, or
has contravened it.

(2B) The local policing body may direct the chief officer to take such steps
as the local policing body thinks appropriate.

(2C) 40The chief officer must comply with any direction given under
subsection (2B).”.

Initial handling and recording of complaints

8 (1) In Schedule 3 (handling of complaints and conduct matters), paragraph 2
(initial handling and recording of complaints) is amended in accordance
with sub-paragraphs (2) to (5).

(2) 5For sub-paragraph (1) substitute—

“(1) Where a complaint is made to the Commission, it shall give
notification of the complaint to the appropriate authority.

(1A) But the Commission need not give that notification if the
Commission considers that there are exceptional circumstances
10that justify its not being given.”.

(3) Omit sub-paragraph (4).

(4) In sub-paragraph (5)—

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

(i) omit the words from “or the Commission” to “sub-paragraph
15(4)”;

(ii) omit “or, as the case may be, the Commission”;

(b) omit sub-paragraph (b) (and the word “or” preceding it).

(5) After sub-paragraph (7) insert—

“(8) Nothing in this paragraph shall require the recording by any
20person of any complaint about any conduct if that person
considers that the complaint falls within a description of
complaints specified in regulations made by the Secretary of State
for the purposes of this paragraph.”.

(6) In consequence of the amendments made by sub-paragraphs (2) to (5)—

(a) 25in section 12(2) (complaints, matters and persons to which Part 2
applies), omit “, paragraph 2(4) of Schedule 3”;

(b) in section 29(1) (interpretation of Part 2), omit paragraph (b) of the
definition of “recordable conduct matter”.

Handling of complaints by the appropriate authority

9 (1) 30In Schedule 3 (handling of complaints and conduct matters), for paragraph
6 (handling of complaints by the appropriate authority) substitute—

“6 (1) This paragraph applies where a complaint has been recorded by
the appropriate authority.

(2) But this paragraph does not apply to a complaint if it is one that
35has been, or must be, referred to the Commission under paragraph
4, unless the complaint is for the time being—

(a) referred back to the authority under paragraph 5, or

(b) the subject of a determination under paragraph 15.

(3) Subject to paragraph 7, the appropriate authority shall determine
40whether or not the complaint is suitable for being subjected to
local resolution.

(4) If the appropriate authority determines that the complaint is
suitable for being subjected to local resolution, it shall make
arrangements for it to be so subjected.

(5) If the appropriate authority determines that the complaint is not
5so suitable, it shall make arrangements for the complaint to be
investigated by the authority on its own behalf.

(6) A determination that a complaint is suitable for being subjected to
local resolution may not be made unless the following conditions
are both met.

(7) 10The first condition is that the appropriate authority is satisfied that
the conduct complained of (even if it were proved) would not
justify the bringing of any criminal or disciplinary proceedings
against the person whose conduct is complained of.

(8) The second condition is that the appropriate authority is satisfied
15that the conduct complained of (even if it were proved) would not
involve the infringement of a person’s rights under Article 2 or 3
of the Convention (within the meaning of the Human Rights Act
1998).

(9) In a case where this paragraph applies to a complaint by virtue of
20sub-paragraph (2)(b), a determination that the complaint is
suitable for being subjected to local resolution may not be made
unless the Commission approves the determination.

(10) No more than one application may be made to the Commission for
the purposes of sub-paragraph (9) in respect of the same
25complaint.

(11) Sub-paragraph (9) (where applicable) is in addition to sub-
paragraphs (6) to (8).”.

(2) In paragraphs 7(6)(a) and 16(1)(a) of that Schedule, for “paragraph 6(2)”
substitute “paragraph 6(3)”.

(3) 30In section 22 (power of the Commission to issue guidance), in subsection
(5)(c), omit sub-paragraph (ii) (and the word “and” at the end of sub-
paragraph (i)).”.

Disapplication of requirements of Schedule 3 to 2002 Act

10 (1) Schedule 3 (handling of complaints and conduct matters) is amended in
35accordance with this paragraph.

(2) In the italic heading that precedes paragraph 7 (dispensation by the
Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation
by the Commission from” substitute “Disapplication of”.

(3) Paragraph 7 is amended in accordance with the following provisions of this
40paragraph.

(4) In sub-paragraph (1), omit “apply to the Commission, in accordance with the
regulations, for permission to”.

(5) After sub-paragraph (1) insert—

“(1A) But, in a case where paragraph 6 applies by virtue of paragraph
6(2)(a) or (b), the appropriate authority may not handle the
complaint in whatever manner (if any) the authority thinks fit
5unless—

(a) the authority applies to the Commission, in accordance
with the regulations, for permission to so handle the
complaint, and

(b) the Commission gives permission.”.

(6) 10For sub-paragraph (2) substitute—

“(2) The appropriate authority shall notify the complainant —

(a) that the appropriate authority has decided to handle the
complaint as permitted by sub-paragraph (1) (in a case
where the appropriate authority is not required to apply
15for permission under sub-paragraph (1A) to so handle the
complaint); or

(b) about the making of the application under sub-paragraph
(1A) (in a case where the appropriate authority makes such
an application).”.

(7) 20In sub-paragraph (5)—

(a) for the words before paragraph (a) substitute—

“(5) Where the complaint is to be handled in whatever manner (if
any) the authority thinks fit (whether or not the
Commission’s permission is needed), the authority—”;

(b) 25in sub-paragraph (b), for “but for the permission” substitute “if it
were not proceeding in accordance with this paragraph”.

(8) In sub-paragraph (6)—

(a) after “Where” insert “the appropriate authority applies to the
Commission under sub-paragraph (1A) and”;

(b) 30omit “under this paragraph”.

Conduct matters arising in civil proceedings

11 (1) In Schedule 3 (handling of complaints and conduct matters), paragraph 10
(conduct matters arising in civil proceedings) is amended in accordance
with sub-paragraphs (2) to (4).

(2) 35In sub-paragraph (3), for “record that matter” substitute “determine whether
the matter is one which it or he is required to refer to the Commission under
paragraph 13 or is one which it would be appropriate to so refer”.

(3) For sub-paragraph (4) substitute—

“(4) In a case where the appropriate authority determines that the
40matter is one which it or he is required to refer to the Commission
under paragraph 13, or is one which it would be appropriate to so
refer, it or he shall record the matter.

(4A) In any other case, the appropriate authority shall determine
whether the matter falls within a description of matters specified

in regulations made by the Secretary of State for the purposes of
this sub-paragraph.

(4B) In a case where the appropriate authority determines that the
matter does not fall within such a description, it or he shall record
5the matter.

(4C) In any other case, the appropriate authority may (but need not)
record the matter.

(4D) In a case where the appropriate authority—

(a) records a matter under this paragraph, and

(b) 10is not required to refer the matter to the Commission under
paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other
manner (if any) as it or he may determine.”.

(4) In sub-paragraph (5), for “sub-paragraph (3)” substitute “sub-paragraph (4)
15or (4B)”.

(5) In paragraph 16(2)(a) of Schedule 3, for “10(4)(b)” substitute “10(4D)”.

Recording etc of conduct matters in other cases

12 (1) In Schedule 3 (handling of complaints and conduct matters), paragraph 11
(recording etc of conduct matters in other cases) is amended in accordance
20with sub-paragraphs (2) to (4).

(2) In sub-paragraph (1)—

(a) for the words before paragraph (a) substitute—

“(1) This paragraph applies where—”;

(b) omit the words after paragraph (b).

(3) 25For sub-paragraph (3) substitute—

“(3) The appropriate authority must determine whether the matter is
one which it or he is required to refer to the Commission under
paragraph 13, or is one which it would be appropriate to so refer.

(3A) In a case where the appropriate authority determines that the
30matter is one which it or he is required to refer to the Commission
under paragraph 13, or is one which it would be appropriate to so
refer, it or he shall record the matter.

(3B) In any other case, the appropriate authority shall determine
whether the matter falls within a description of matters specified
35in regulations made by the Secretary of State for the purposes of
this sub-paragraph.

(3C) In a case where the appropriate authority determines that the
matter does not fall within such a description, it or he shall record
the matter.

(3D) 40In any other case, the appropriate authority may (but need not)
record the matter.

(3E) In a case where the appropriate authority—

(a) records a matter under this paragraph, and

(b) is not required to refer the matter to the Commission under
paragraph 13 and does not do so,

the appropriate authority may deal with the matter in such other
manner (if any) as it or he may determine.”.

(4) 5In sub-paragraph (4), for “sub-paragraph (1)” substitute “sub-paragraph
(3A) or (3C)”.

(5) In paragraph 16(2)(a) of Schedule 3, for “11(3)(b)” substitute “11(3E)”.

Power to discontinue an investigation

13 (1) Schedule 3 (handling of complaints and conduct matters) is amended in
10accordance with this paragraph.

(2) In the italic heading that precedes paragraph 21 (power of the Commission
to discontinue an investigation), omit “of the Commission”.

(3) Paragraph 21 is amended in accordance with the following provisions of this
paragraph.

(4) 15For sub-paragraph (1) substitute—

“(1) The Commission may by order require the discontinuance of the
investigation of a complaint or matter if (whether on the
application of the appropriate authority or otherwise) it appears to
the Commission that—

(a) 20the complaint or matter is of a description specified in
regulations made by the Secretary of State for the purposes
of this paragraph, and

(b) discontinuance of the investigation is within the
Commission’s power.

(1A) 25The appropriate authority that is investigating a complaint or
matter may discontinue the investigation if it appears to that
authority that—

(a) the complaint or matter is of a description specified in
regulations made by the Secretary of State for the purposes
30of this paragraph, and

(b) discontinuance of the investigation is not within the
Commission’s power.

(1B) For the purposes of this paragraph—

(a) discontinuance of the investigation of a complaint is
35within the Commission’s power if—

(i) the investigation is being undertaken by the
appropriate authority on its own behalf and the
complaint is one required to be referred to the
Commission under paragraph 4; or

(ii) 40the investigation is under the supervision or
management of the Commission;

(b) discontinuance of the investigation of a matter other than
a complaint is within the Commission’s power if the
investigation is under the supervision or management of
45the Commission.”.

(5) After sub-paragraph (3) insert—

“(3A) Where the appropriate authority discontinues an investigation
under sub-paragraph (1A), the appropriate authority shall give
notification of the discontinuance—

(a) 5to every person entitled to be kept properly informed in
relation to the investigation under section 21; and

(b) in a case where the investigation that is discontinued is an
investigation of a complaint, to the complainant.”.

(6) In sub-paragraph (4), for “in accordance with this paragraph” substitute “in
10accordance with an order under sub-paragraph (1)”.

(7) After sub-paragraph (5) insert—

“(6) Where an investigation of a complaint, recordable conduct matter
or DSI matter is discontinued in accordance with sub-paragraph
(1A)—

(a) 15the appropriate authority may take any such steps of a
description specified in regulations made by the Secretary
of State as he or it considers appropriate for purposes
connected with the discontinuance of the investigation;
and

(b) 20subject to the preceding paragraphs, neither the
appropriate authority nor the Commission shall take any
further action in accordance with the provisions of this
Schedule in relation to that complaint or matter.”.

Duties with respect to disciplinary proceedings

14 (1) 25Schedule 3 is amended in accordance with this paragraph.

(2) In paragraph 23 (action by the Commission in response to an investigation
report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i)
insert—

“(ia) whether or not any such person’s performance is
30unsatisfactory, and”.

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

“(ia) whether or not any such person’s performance is
35unsatisfactory, and”.

(4) In paragraph 25 (appeals to the Commission with respect to an
investigation)—

(a) in sub-paragraph (2)(ba), after “answer” (in the second place) insert
“or that such a person’s performance is, or is not, unsatisfactory”;

(b) 40in sub-paragraph (3), after sub-paragraph (za) insert—

“(zb) sets out whether the appropriate authority has
determined any such person’s performance is, or is
not, unsatisfactory;”;

(c) in sub-paragraph (5)(c)(i), after “sub-paragraph (3)(za)” insert “or
45(zb)”;

(d) in sub-paragraph (9), in the words before sub-paragraph (a), for
“considers appropriate or” substitute “considers appropriate, or

determines that the appropriate authority has not made a
determination as to whether a person’s performance is or is not
unsatisfactory, or determines that the appropriate authority”.

(5) In paragraph 27 (duties with respect to disciplinary proceedings), in sub-
5paragraph (3)—

(a) after sub-paragraph (za) insert—

“(zb) that the person’s performance is, or is not,
unsatisfactory;”;

(b) in sub-paragraph (a), after “conduct” insert “, efficiency or
10effectiveness”;

(c) in sub-paragraph (b), after “conduct” insert “, efficiency or
effectiveness”.

Rights of appeal

15 Schedule 3 (handling of complaints and conduct matters) is amended in
15accordance with the following paragraphs of this Schedule.

16 In paragraph 3 (failures to notify or record a complaint), after sub-paragraph
(3) insert—

“(3A) But the complainant has no right of appeal under sub-paragraph
(3) in either of the following cases.

(3B) 20The first case is where, by virtue of paragraph 2(7), there is no
requirement to record the complaint.

(3C) The second case is where—

(a) the complaint relates to a direction and control matter, and

(b) the appeal relates to a failure by a local policing body.”.

17 (1) 25Paragraph 7 (dispensation by the Commission from requirements of
Schedule 3 to 2002 Act) is amended in accordance with this paragraph.

(2) After sub-paragraph (7) insert—

“(8) The complainant shall have a right of appeal to the relevant appeal
body against any decision by the appropriate authority under this
30paragraph to handle the complaint otherwise than in accordance
with this Schedule or to take no action in relation to it.

(9) But the complainant has no right of appeal in either of the
following cases.

(10) The first case is where the appeal relates to a decision for which the
35Commission has given permission under this paragraph.

(11) The second case is where the complaint relates to a direction and
control matter.

(12) On an appeal under this paragraph, subject to sub-paragraphs (13)
and (14), the relevant appeal body shall—

(a) 40determine whether any decision taken by the appropriate
authority under this paragraph should have been taken in
the case in question; and

(b) if the relevant appeal body finds in the complainant’s
favour, give such directions as the relevant appeal body

thinks appropriate to the local policing body or chief
officer as to the action to be taken for handling the
complaint in accordance with this Schedule or handling it
otherwise than in accordance with this Schedule;

5and it shall be the duty of a local policing body or chief officer to
comply with any directions given under paragraph (b).

(13) Sub-paragraph (12) does not apply in a case where a particular
chief officer of police is—

(a) the person in respect of whose decision the appeal is made
10under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(14) In such a case—

(a) the appeal shall determine whether any decision taken by
the appropriate authority under this paragraph should
15have been taken in the case in question; and

(b) if the appeal finds in the complainant’s favour, the chief
officer of police must take such action as the chief officer
thinks appropriate for handling the complaint in
accordance with this Schedule or handling it otherwise
20than in accordance with this Schedule.”.

18 For paragraph 9 and the italic heading that precedes it (Appeals relating to
local resolution) substitute—

(1) The complainant shall have a right of appeal to the relevant appeal
body against the outcome of any complaint that is—

(a) 25subjected to local resolution, or

(b) handled otherwise than in accordance with this Schedule.

(2) But the complainant has no right of appeal if the complaint relates
to a direction and control matter.

(3) On an appeal under this paragraph, subject to sub-paragraphs (4)
30and (5), the relevant appeal body shall—

(a) determine whether the outcome of the complaint is a
proper outcome; and

(b) if the relevant appeal body finds in the complainant’s
favour, give such directions as the relevant appeal body
35thinks appropriate to the appropriate authority as to the
action to be taken in relation to the complaint;

and it shall be the duty of the appropriate authority to comply
with any directions given under paragraph (b).

(4) Sub-paragraph (3) does not apply in a case where a chief officer of
40police is the relevant appeal body in relation to the appeal.

(5) In such a case—

(a) the appeal shall determine whether the outcome of the
complaint is a proper outcome; and

(b) if the appeal finds in the complainant’s favour, the chief
officer of police must take such action as the chief officer
thinks appropriate in relation to the complaint.”.

19 (1) Paragraph 21 (power of the Commission to discontinue an investigation) is
5amended in accordance with this paragraph.

(2) After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule)
insert—

“(7) The complainant shall have a right of appeal to the relevant appeal
body against any decision by the appropriate authority under sub-
10paragraph (1A) to discontinue the investigation of the complaint.

(8) But the complainant has no right of appeal if the complaint relates
to a direction and control matter.

(9) On an appeal under this paragraph, subject to sub-paragraphs (10)
and (11), the relevant appeal body shall—

(a) 15determine whether any decision taken by the appropriate
authority under this paragraph should have been taken in
the case in question; and

(b) if the relevant appeal body finds in the complainant’s
favour, give such directions as the relevant appeal body
20thinks appropriate to the local policing body or chief
officer as to the action to be taken for investigating the
complaint;

and it shall be the duty of a local policing body or chief officer to
comply with any directions given under paragraph (b).

(10) 25Sub-paragraph (9) does not apply in a case where a particular chief
officer of police is—

(a) the person in respect of whose decision an appeal is made
under this paragraph, and

(b) the relevant appeal body in relation to the appeal.

(11) 30In such a case—

(a) the appeal shall determine whether any decision taken by
the appropriate authority under this paragraph should
have been taken in the case in question; and

(b) if the appeal finds in the complainant’s favour, the chief
35officer of police must take such action as the chief officer
thinks appropriate for investigating the complaint.”.

20 (1) In the italic heading that precedes paragraph 25 (appeals to the Commission
with respect to an investigation), omit “to the Commission”.

(2) Paragraph 25 is amended in accordance with the following provisions of this
40paragraph.

(3) In sub-paragraph (2)

(a) in the words before sub-paragraph (a), for “to the Commission”
substitute “to the relevant appeal body”;

(b) in the words after sub-paragraph (d)—

(i) 45for “Commission” substitute “relevant appeal body”;