|Criminal Justice And Police Bill - continued||House of Commons|
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Clause 81: Restrictions on use and destruction of fingerprints and samples
221. Subsection (2) removes the obligation to destroy fingerprints and samples when the individual is cleared of the offence for which they were taken or a decision is made not to prosecute. The obligation to destroy is replaced by a rule to the effect that any fingerprints or samples retained can only be used for the purposes related to the prevention and detection of crime, the investigation of any offence or the conduct of any prosecution. The term "use" includes retaining fingerprints and information derived from samples on databases that will allow speculative searches. Thus if a match is established between an individual who has been cleared of an offence at a subsequent crime scene the police are able to use this information in the investigation of the crime.
222. Subsection (3) and (4) have the effect that if a person, who is not a suspect, provides a sample or fingerprints voluntarily e.g. for the purposes of elimination, there is no obligation for him to allow his samples or fingerprints to be retained or used other than for the purpose for which they were taken. He will be asked whether he wishes to consent to their retention and use. Where consent is not given the fingerprints or samples must be destroyed and the information derived from them can not be used in evidence against the person concerned or for the purposes of investigation of any offence.
Clause 82: Provision for Northern Ireland corresponding to s.81
223. This clause amends the Police and Criminal Evidence (NI) Order 1989 so that the restrictions on the use and destruction of fingerprints and samples correspond to the new provisions for England and Wales contained in clause 81.
Clause 83: Amendment of Terrorism Act 2000 equivalent to s.81
224. This clause makes consequential amendments to the Terrorism Act 2000. It modifies the restriction on the use of fingerprints and samples taken under the provisions of the Act in England and Wales and Northern Ireland to allow their use additionally for the purposes set out in clause 81 (the prevention and detection of any crime, the investigation of any offence or the conduct of any prosecution).
Clause 84: Power to apply 1984 Act provisions
225. This clause amends the Police and Criminal Evidence Act 1984 to enable the Secretary of State by order to apply the "special procedure" material provisions of Schedule 1 to the 1984 Act for the purposes of certain investigations as they apply for the purposes of investigations of offences conducted by police officers. Subsection (2) limits the investigations to which the provisions will apply to investigations of serious arrestable offences conducted by an officer of the Department of the Secretary of State for Trade and Industry (or another person authorised to act on his behalf). Subsection (3) provides that the provision applies to the investigation of offences committed before the coming into force of the order or the section and subsection (4) provides that any order made under subsection (1) shall be subject to the negative resolution procedure.
Clause 85: Process for obtaining excluded and special procedure material
226. This clause amends the Police and Criminal Evidence Act 1984 to apply section 4 of the Summary Jurisdiction (Process) Act 1881 to orders and warrants for special procedure and excluded material. The 1881 Act currently enables process issued by a court of summary jurisdiction in England & Wales to be endorsed for execution in Scotland and vice versa. However these arrangements do not apply to search warrants and production orders in respect of 'special procedure' material (e.g. bank details) or excluded material, since such warrants and orders can be issued and made only by a circuit judge, who does not constitute a court of summary jurisdiction. Comparable provision is made in relation to Northern Ireland.
Part V: Police Training
227. Police training in England and Wales has been the subject of an unprecedented level of scrutiny recently. A number of reports have made recommendations about the way police training is organised.
228. These include two reports by the Police Federation "Project Forward (May 1998) and "Police Training - What Next?" (July 1999), the recommendations of the report of the enquiry into the death of Stephen Lawrence (February 1999), the first ever thematic inspection of training by HMIC (April 1999), a report by the Home Affairs Committee (June 1999), and a report from Sir William Stubbs (July 1999) on the organisation and the funding of police training.
229. In November 1999 the Government published a consultation document on police training. It outlined a range of proposals to raise standards in police training and ensure relevant training for staff throughout their career. The Government received 80 responses to the paper. These represented the broad range of interests in this field including all the key national organisations such as the staff associations, the Association of Police Authorities (APA) and the Association of Chief Police Officers (ACPO), 7 police authorities, and 24 individual forces, as well as other organisations and individuals with a relevant interest.
230. Virtually all those who responded welcomed the fact that training, which was seen as key to what the police service does and can achieve, was being examined and debated. The majority of responses broadly welcomed the proposals.
231. In May 2000 the Government published "Police Training: The Way Forward" (This was published by Home Office Communication Directorate and is available on the Home Office website at http://www.home.office.gov.uk.). This outlined its intentions in light of the comments received during the consultation period, and in the light of a cost-benefit analysis conducted to examine the cost and efficiency savings that could be made through more effective collaboration between forces. "Police Training: The Way Forward" forms the basis for the measures in Part V of this Bill. Key stakeholders were consulted about the clauses in draft.
232. Part V creates a new Central Police Training and Development Authority as a Non-Departmental Public Body (NDPB). The Authority will build on the services currently provided by National Police Training, which was established by the Home Office in 1993 with a remit to design, deliver and accredit training programmes for core policing operations. As an NDPB, the new Authority will have greater independence from the Home office. The Bill allows the Secretary of State, in consultation with stakeholders, to establish a mandatory core curriculum and qualifications for police. It also strengthens the powers of the Secretary of State to require improvements in the quality of police training following and inspection undertaken by Her Majesty's Inspectorate of Constabulary (HMIC).
233. There are a number of other measures to improve police training which do not require primary legislation, on which work on implementation has already begun. A new HMIC inspector of training was appointed in the Summer 2000. Other proposed measures are set out below.
Clauses 86 to 95: The Central Police Training and Development Authority
234. Establish the Central Police Training and Development Authority as an NDPB and set out its functions and operational requirements. They give effect to Schedule 4 which contains detailed provisions about the Authority. They also set out the powers of the Secretary of State in relation to the Authority. These cover the power to set objectives (clause 88), to set performance targets (clause 90) and to require an inspection by HMIC and make directions as a result (clause 92).
Clause 86: Establishment of the Authority
235. Creates the Central Police Training and Development Authority as a corporate body.
Schedule 4:The Central Police Training and Development Authority
Paragraph 1: Constitution of the Authority
236. This provides for members of the Authority (including the chairman) to be appointed by the Secretary of State. Before appointing a chairman the Secretary of State must consult those persons who he considers to represent the interests of police authorities and the chief officers of police. In practice that is likely to mean that he will consult APA and ACPO. It provides for a minimum of 11 members, of whom 6 are independent members, 2 represent the interests of chief police officers, 2 represent the interests of police authorities, and one is a Crown servant.
Paragraphs 2 and 3: Disqualification
237. These set out a range of factors which would disqualify someone from appointment to the Authority. They are designed to ensure that Membership of the Authority is of a minimum age of 21 and does not include unsuitable persons.
Paragraphs 4 to 7: Tenure of office
238. Set out the arrangement for tenure of office as a member of the Authority. They set out the maximum term (5 years) for which a post can be held. They deal with resignation of members, and outline the circumstances in which a person may be removed from office.
Paragraph 8: Eligibility for re-appointment
239. Makes provision for a member to be re-appointed.
Paragraph 9: Remuneration, pensions etc. of members
240. Allows the Authority to pay remuneration, allowances and severance payments to members and to pay pensions and gratuities to members and former members. The amounts of all such payments are to be determined by the Secretary of State.
Paragraph 10: Members of staff of the Authority
241. Creates the position of chief executive, to be appointed by the Authority, with the consent of the Secretary of State. It also provides for the appointment of other staff by the Authority. Their numbers, and terms and conditions of appointment, are subject to the approval of the Secretary of State.
Paragraphs 11 and 12: Staff remuneration and pensions
242. Make provision for the payment of remuneration and allowances to members of the Authority's staff and for the payment of pensions and gratuities to members and former members of the Authority's staff.
Paragraph 13: Status of chief executive and staff members as constables
243. Provides that any individual who on appointment holds the office of constable shall hold the rank of chief constable if appointed as chief executive. It also ensures that any constable appointed to the staff continues to hold this office on appointment to the Authority.
Paragraph 14: Liability for acts of police members of staff
244. Establishes the Authority's liability in circumstances where there is a civil wrong committed by a seconded member of staff who is not an employee, for which damages can be claimed.
Paragraph 15: Committees
245. Allows the Authority to conduct its business through committees and sub-committees. People who are not members of the Authority may be appointed to such committees or sub-committees. Sub-paragraph (4) allows the Authority to pay remuneration and allowances to these individuals.
Paragraph 16: Delegation to committees
246. Allows the Authority to delegate its functions to committees, and in turn for the committees to delegate to sub-committees.
Paragraphs 17 to 19: Proceedings
247. Allow the Authority to determine its own procedures including for a quorum but sets a minimum requirement. They ensure that decisions taken by the Authority remain valid, even when there are vacancies in the membership of the Authority or when members have subsequently been disqualified.
Paragraphs 20 and 21: Application of seal and evidence
248. Set out the requirements for authenticating the Authority's seal and for accepting documents in evidence.
Paragraph 22: Status
249. This specifies that the Authority is not a Crown body.
Paragraph 23 to 26: Money
250. These paragraphs provide for the Authority to be funded through grant in aid and enable it to charge for its services. Paragraph 25 allows the Authority to accept gifts and loans. Sub-paragraph (3) of paragraph 25 specifies that any borrowing by the Authority is subject to the consent of the Secretary of State. Paragraph 26 requires the Authority to keep proper accounts and makes the accounts subject to audit by the Comptroller and Auditor General.
Clause 87: Functions of the Authority
251. Subsections (1) and (2) set out the core functions of the Authority. This encompasses the provision of training and the giving of advice and consultancy on training and other matters related to policing. It is intended that the Authority will serve as a centre of excellence for police training and development, promoting the value of police training and working to enhance the efficiency and effectiveness of forces in England and Wales.
252. Subsection (2)(c) requires the Authority to promote the understanding of policing issues at an international level.
253. Subsections (3) and (4) require the Authority, in carrying out its functions, to have regard to:
254. Subsections, (7) and (8) define the bodies and individuals for whom the Authority is entitled to provide services, in addition to those to whom it provide services by virtue of its primary functions.
255. Subsection (10) defines those to whom the Authority is required to provide training, advice and consultancy services as police officers, special constables and police civilian staff in England and Wales.
Clause 88: Setting of objectives by the Secretary of State
256. Gives the Secretary of State the power to determine objectives for the Authority and modify the objectives he has set.
Clause 89: The Authority's annual objectives
257. Requires the Authority to set objectives for each financial year, and sets out the bodies it is required to consult in that process.
Clause 90: The Setting of performance targets
258. Allows the Secretary of State to require the Authority to establish performance targets for any objectives he has set under clause 88.
Clause 91: Training and development plans.
259. Requires the Authority to prepare an annual training and development plan which sets out how the Authority will meet its objectives. It lists the contents of such a plan, and the bodies to which it should be distributed.
Clause 92: Inspections of the Authority
260. Allows the Secretary of State to require an inspection by HMIC and to make directions in respect of the efficiency and effectiveness of the Authority as a result.
Clause 93: Power to require reports from the Authority
261. Allows the Secretary of State to require a report from the Authority on any relevant issue.
Clause 94: Annual reports
262. Requires the Authority to submit an annual report at the end of the financial year to the Secretary of State to detail how it has carried out its functions in the preceding year. Subsection (2) provides that this should include an assessment of the success of the training and development plan. The Secretary of State is required to lay a copy of the annual report before Parliament.
Clause 95: Secretary of State's duty to promote efficiency etc of Authority
263. Requires the Secretary of State to exercise his powers in a manner that promotes the efficiency and effectiveness of the Authority.
Clauses 96 to 98: Other provision about training
264. These clauses cover a variety of matters relating to police training that are largely not directly associated with the new Authority.
Clause 96: Regulations for police forces
265. This clause allows the Secretary of State to make regulations in respect of training and qualifications. This will allow the implementation and evaluation of a mandatory core curriculum and mandatory qualifications for particular tasks and roles. Subsection (4) sets out the bodies whom the Secretary of State is required to consult before making any regulations under this clause. Regulations under this clause are subject to the negative resolution procedure (subsection (5)).
Clause 97: Directions after inspection identifies training needs
266. This strengthens existing provision (where the Secretary of State can intervene after a special report by the HMIC that he has asked to be carried out) to allow the Secretary of State to make directions following a routine report. These directions must relate to recommendations by HMIC in respect of the provision of training or the provision of opportunities for professional development.
Clause 98: Joint provision of training
267. This amends section 23(6) of the Police Act 1996 to enable the Secretary of State to direct chief constables and police authorities to enter into agreements to collaborate on training.
Clause 99: Orders and regulations
268. This establishes that any power of the Secretary of State to make orders or regulations under part V should be exercisable by statutory instrument. It also allows for him to make different provision for different cases.
Clause 101 and Schedule 5: Consequential amendments relating to police training
269. Schedule 5, which is given effect by clause 101 makes amendments to legislation that are consequential on the creation of the Authority.
Paragraph 1: The Public Records Act 1958
270. Includes the Central Police Training and Development Authority within the list of bodies subject to the Public Records Act.
Paragraph 2: The Parliamentary Commissioner Act 1967
271. Includes the Central Police Training and Development Authority within the jurisdiction of the Parliamentary Commissioner for Administration.
Paragraph 3: The Superannuation Act 1972
272. Inserts the Central Police Training and Development Authority within the list of bodies to whose employees a scheme under the Superannuation Act may apply.
Paragraph 4: The House of Commons Disqualification Act 1975
273. Prevents members of the Authority from being members of Parliament.
Paragraph 5: The Northern Ireland Assembly Disqualification Act 1975
274. Prevents members of the Authority from being members of the Northern Ireland Assembly.
Paragraph 6: Amendments of Police Pensions Act 1976
275. Amends the Police Pensions Act 1976 to include service by police officers with the Central Police Training and Development Authority within the types of service which are pensionable under the provisions of the Act.
Paragraph 7: The Police Act 1966
276. Sub-paragraph (1) amends the Police Act 1996 to make the Authority subject to inspection by the Inspectors of Constabulary. Sub-paragraph (2) amends the Act to allow the Secretary of State to publish any report by the Inspectorate, allowing him to make omissions from the report if it would be against the interests of national security or might jeopardise the safety of any person. Sub-paragraph (3) provides that temporary service by police officers seconded to the Authority is to be treated as relevant service, that is service by police officers outside their force.
Paragraph 8: The Freedom of Information Act 2000
277. Includes the Authority within the list of public authorities subject to the provisions of the Freedom of Information Act 2000.
Clause 102: Transitional arrangements relating to Authority's establishment etc
278. Subsection (1) enables the Secretary of State by order to make transitional provisions in connection with the commencement of Part V. Subsection (2) enables the Secretary of State to make orders concerning the transfer of property and staff in connection with the establishment of the Authority. Subsection (3) enables transitional provisions orders and transfer orders to make provision for matters to be determined outside the orders and to provide for the payment of fees to people nominated to make such determinations. Orders under this clause are subject to the negative resolution procedure (subsection (4)).
Part VI: Police OrganisationPolice Authorities etc
279. The Bill introduces changes to some of the provisions currently governing police authorities, and the Service Authorities for the National Crime Squad (NCS) and the National Criminal Intelligence Service (NCIS). Most police authorities already appoint vice-chairmen, but this Bill will make the appointment statutory. It removes the maximum age limit for membership of police authorities, independent member selection panels and NCS/NCIS, bringing them into line with the Metropolitan Police Authority. The Bill also enables police authorities, and the Service Authorities for NCS/NCIS, to devise their own schemes for payment of allowances, where previously they were bound by a centrally regulated scheme.
Constitution of the Service Authorities, Financial Provisions, and Directors General for NCIS and NCS
280. The National Crime Squad (NCS) and the National Criminal Intelligence Service (NCIS) were established by the Police Act 1997. This part of the Bill makes changes to the constitution of the Service Authorities that maintain the NCS and the NCIS, alters the financial arrangements for those Authorities and makes further provision relating to the Director General of NCS and NCIS.
281. The main source of funding both Service Authorities' is levies issued, under the Police Act 1997, to police authorities in England and Wales. (The NCIS Service Authority, as a UK-wide body, also receives separately negotiated contributions from Scotland and Northern Ireland.) The Bill replaces the provision for levies with provision for annual grants, to be made to the Service Authorities by the Secretary of State.
282. Currently, the Audit Commission audits the accounts as is the case for police authorities. This Bill changes the auditing arrangements to provide for the National Audit Office to take on this role.
283. As a result of the change in funding arrangements, this part of the Bill also disapplies a wide range of local government enactments that apply to the NCS Service Authority. Provision equivalent to that made by these local government enactments applies to the NCIS Service Authority by virtue of orders under section 44 of the Police Act 1997. Section 44 is also being repealed by the Bill and, accordingly, the orders under that section will cease to have effect.
284. With the abolition of levies on police authorities, provision is made to reduce the number of members of the Service Authorities who are appointed to those Authorities by virtue of their membership of police authorities. At the same time, the NCIS and NCS Service Authority membership is being widened to encompass HM Customs and Excise and the Security Service. Also, changes to the criteria made by the Bill mean a wider range of police authority members will now be eligible for appointment as such members.
285. At present, Directors General for NCIS and NCS are appointed (and removed) by the Service Authorities with the approval of the Secretary of State. The Bill provides for their appointment (and removal) by the Secretary of State. This is because under the new funding arrangements the Permanent Secretary of the Home Office will become the Departmental Accounting Officer (DAO) for NCIS and the NCS, and the Director General of each service will be that service's Accounting Officer (AO). The DAO is responsible for providing funds to both services and for ensuring that the financial and management controls applied by the services conform with the propriety and good financial management requirements applied by the department. The DAO is also accountable to Parliament for those funds. The Accounting Officer (AO) for NCIS and NCS is responsible for the overall organisation, management and staffing of the services and for ensuring that there is a high standard of financial management as a whole. The AO is responsible to Parliament for the resources under his control. By providing for the Secretary of State to make the appointments, the Bill enables him to ensure that each person appointed is competent to fulfil the role of Accounting Officer.
286. Following a recommendation of the Sheehy inquiry ("The Inquiry into Police Responsibilities and Rewards" published in 1993 (ISBN: 0101228023)) the ranks of deputy chief constable (and the equivalent rank of deputy assistant commissioner in the Metropolitan Police) and chief superintendent were abolished with effect from 1 April 1995. The Home Secretary announced in an answer to a written Parliamentary question on 2 March 1999 that he would reintroduce them at the earliest legislative opportunity.
287. The abolition of the rank of deputy chief constable has given rise to concerns about the selection procedures for assistant chief constable (designate) and the arrangements for the direction and control of a police force. Under the present arrangements an assistant chief constable (designate), has responsibility for managing the police force in the absence of the chief constable. He or she is selected from among the serving assistant chief constables in the force by the chief constable. This procedure differs from other appointments to senior positions which are made by the police authority following the post being advertised and an open selection procedure. Selection by Chief Constable alone may provide an unintended obstacle to the career development of assistant chief constables. The rank of deputy assistant commissioner in the Metropolitan Police which is deemed equivalent to deputy chief constable is also re-introduced in the Bill.
288. The arrangements for the direction and control of a force are being improved by providing that in the absence of both the chief constable and deputy chief constable the police authority would be able to temporarily designate one of the assistant chief constables to direct and control the force in their absence.
289. The abolition of the rank of chief superintendent has led to inconsistencies and confusion with many police forces still using the term chief superintendent. It is now considered that there are advantages in having two superintendent ranks in terms of both command structures and personal positions.
290. The Bill will remove an anomaly by bringing the regulations on police conduct into line with those in criminal proceedings, where the new style of caution was introduced in the Criminal Justice and Public Order Act 1994.
291. This is the fifth item on a number of commitments to the Home Affairs Committee in response to their report on Police Disciplinary and Complaints Procedures.
|© Parliamentary copyright 2001||Prepared: 19 January 2001|