Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
178

(iv)
shall be entitled to use reasonable force for the
purpose of complying with his duty under sub-
paragraph (iii).”
9     (1)
Paragraph 35 (escort of persons in police detention) is amended as
follows.
5
      (2)
In sub-paragraph (3)—
(a)
in paragraph (b), after “duty” insert “to keep the person under
control and”,
(b)
in paragraph (c), at the end add “and under his control”.
      (3)
After sub-paragraph (3) insert—
10
   “(3A)
A person who has escorted another person to a police station or
other place in accordance with an authorisation under sub-
paragraph (1) or (2) —
(a)
shall be under a duty to remain at the police station or
other place until he has transferred control of the other
15
person to a custody officer or other responsible person
there;
(b)
until he has so transferred control of the other person,
shall be treated for all purposes as having that person in his
lawful custody;
20
(c)
for so long as he is at the police station or other place, or
in its immediate vicinity, in compliance with, or having
complied with, his duty under paragraph (a), shall be
under a duty to prevent the escape of the other person and
to assist in keeping him under control; and
25
(d)
shall be entitled to use reasonable force for the purpose of
complying with his duty under paragraph (c).”
Staff custody officers
10
After paragraph 35A (inserted by section 111(5) of this Act) insert—
“Powers in respect of detained persons
30
35B
Where a designation applies this paragraph to any person, he
shall be under a duty, when in the course of his employment he is
present at a police station—
(a)
to keep under control any person detained at the police
station and for whom he is for the time being responsible;
35
(b)
to assist any officer or other designated person to keep
any other person detained at the police station under
control; and
(c)
to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),
40

and for those purposes shall be entitled to use reasonable
force.”

Serious Organised Crime and Police Bill
Schedule 10 — Racial and religious hatred
179

Schedule 10
Section 119

Racial and religious hatred
1
Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect
subject to the following amendments.
2
For the heading for Part 3 substitute “RACIAL AND RELIGIOUS
5
HATRED”.
3
After section 17 insert—
“Meaning of “religious hatred”
17A
Meaning of “religious hatred”
In this Part “religious hatred” means hatred against a group of
10
persons defined by reference to religious belief or lack of religious
belief.”
4
In the cross-heading before section 18 for “racial hatred” substitute “racial
or religious hatred”.
5     (1)
Section 18 (use of words or behaviour or display of written material) is
15
amended as follows.
      (2)
In subsections (1)(a) and (5) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the words, behaviour
20
or material are (or is) likely to be heard or seen by any person
in whom they are (or it is) likely to stir up racial or religious
hatred.”
6     (1)
Section 19 (publishing or distributing written material) is amended as
follows.
25
      (2)
In subsections (1)(a) and (2) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the material is likely
to be seen by any person in whom it is likely to stir up racial
30
or religious hatred.”
7     (1)
Section 20 (public performance of play) is amended as follows.
      (2)
In subsections (1)(a) and (2) (in both places) for “racial hatred” substitute
“racial or religious hatred”.
      (3)
For subsection (1)(b) substitute—
35
“(b)
having regard to all the circumstances the performance is
likely to be attended by any person in whom the performance
(taken as a whole) is likely to stir up racial or religious
hatred.”
8     (1)
Section 21 (distributing, showing or playing a recording) is amended as
40
follows.

Serious Organised Crime and Police Bill
Schedule 11 — Investigations into conduct of police officers: accelerated procedure in special cases
180

      (2)
In subsections (1)(a) and (3) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances, the recording is
likely to be seen or heard by any person in whom it is likely
5
to stir up racial or religious hatred.”
9     (1)
Section 22 (broadcasting or including programme in programme service)
is amended as follows.
      (2)
In subsections (1)(a), (3), (4) (in both places), (5) (in both places) and (6) for
“racial hatred” substitute “racial or religious hatred”.
10
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances, the programme is
likely to be seen or heard by any person in whom it is likely
to stir up racial or religious hatred.”
10
For the cross-heading before section 23 substitute “Inflammatory material”.
15
11    (1)
Section 23 (possession of racially inflammatory material) is amended as
follows.
      (2)
In subsection (1) for the words from “if he intends” onwards substitute “if
he intends racial or religious hatred to be stirred up thereby or subsection
(1A) applies.”
20
      (3)
After subsection (1) insert—
“(1A)
This subsection applies if, having regard to all the circumstances,
the material or recording is likely to be seen or heard by any person
in whom it is likely to stir up racial or religious hatred.”
      (4)
In subsection (3) for “racial hatred” substitute “racial or religious hatred”.
25
      (5)
In the sidenote, for “racially inflammatory” substitute “inflammatory”.
12
In section 29 (interpretation) after the definition of “recording” insert—
““religious hatred” has the meaning given by section 17A;”.
Schedule 11
Section 136

Investigations into conduct of police officers: accelerated procedure in
30
special cases
1
Schedule 3 to the Police Reform Act 2002 (c. 30) is amended as follows.
2
In paragraph 20(1)—
(a)
for “until” substitute “until—
(a)
the appropriate authority has certified the case as
35
a special case under paragraph 20B(3), or”; and
(b)
make the words from “a report” to the end paragraph (b).

Serious Organised Crime and Police Bill
Schedule 11 — Investigations into conduct of police officers: accelerated procedure in special cases
181

3
After paragraph 20 insert—
“Accelerated procedure in special cases
20A   (1)
If, at any time before the completion of his investigation, a
person appointed or designated to investigate a complaint or
recordable conduct matter believes that the appropriate authority
5
would, on consideration of the matter, be likely to consider that
the special conditions are satisfied, he shall proceed in accordance
with the following provisions of this paragraph.
      (2)
If the person was appointed under paragraph 16, he shall submit
to the appropriate authority—
10
(a)
a statement of his belief and the grounds for it; and
(b)
a written report on his investigation to that point;

and if he was appointed following a determination made by the
Commission under paragraph 15 he shall send a copy of the
statement and the report to the Commission.
15
      (3)
If the person was appointed under paragraph 17 or 18 or
designated under paragraph 19, he shall submit to the appropriate
authority—
(a)
a statement of his belief and the grounds for it; and
(b)
a written report on his investigation to that point;
20

and shall send a copy of the statement and the report to the
Commission.
      (4)
A person submitting a report under this paragraph shall not be
prevented by any obligation of secrecy imposed by any rule of law
or otherwise from including all such matters in his respect as he
25
thinks fit.
      (5)
A statement and report may be submitted under this paragraph
whether or not a previous statement and report have been
submitted; but a second or subsequent statement and report may
be submitted only if the person submitting them has grounds to
30
believe that the appropriate authority will reach a different
determination under paragraph 20B(2) or 20E(2).
      (6)
The special conditions are that—
(a)
the person whose conduct is the subject matter of the
investigation may have committed an imprisonable
35
offence and that person’s conduct is of a serious nature;
(b)
there is sufficient evidence, in the form of written
statements or other documents, to establish on the balance
of probabilities that conduct justifying dismissal took
place; and
40
(c)
it is in the public interest for the person whose conduct is
the subject matter of the investigation to cease to be a
member of a police force, or to be a special constable,
without delay.
      (7)
In sub-paragraph (6)—
45

Serious Organised Crime and Police Bill
Schedule 11 — Investigations into conduct of police officers: accelerated procedure in special cases
182

(a)
in paragraph (a), “imprisonable offence” means an offence
which is punishable with imprisonment in the case of a
person aged 21 or over; and
(b)
in paragraph (b), “conduct justifying dismissal” means
conduct which is so serious that disciplinary proceedings
5
brought in respect of it would be likely to result in a
dismissal.
      (8)
In paragraphs 20B to 20H “special report” means a report
submitted under this paragraph.
Investigations managed or carried out by Commission: action by appropriate
10
authority
20B   (1)
This paragraph applies where —
(a)
a statement and special report on an investigation carried
out under the management of the Commission, or
(b)
a statement and special report on an investigation carried
15
out by a person designated by the Commission,

are submitted to the appropriate authority under paragraph
20A(3).
      (2)
The appropriate authority shall determine whether the special
conditions are satisfied.
20
      (3)
If the appropriate authority determines that the special
conditions are satisfied then, unless it considers that the
circumstances are such as to make it inappropriate to do so, it
shall—
(a)
certify the case as a special case for the purposes of
25
Regulation 11 of the Police (Conduct) Regulations 2004
(S.I. 2004/645); and
(b)
take such steps as are required by that Regulation in
relation to a case so certified.
      (4)
The reference in sub-paragraph (3) to Regulation 11 includes a
30
reference to any corresponding provision replacing that
Regulation.
      (5)
If the appropriate authority determines that the special
conditions are satisfied then it shall notify the Director of Public
Prosecutions of its determination and send him a copy of the
35
special report.
      (6)
The appropriate authority shall notify the Commission of a
certification under sub-paragraph (3).
      (7)
If the appropriate authority determines—
(a)
that the special conditions are not satisfied, or
40
(b)
that, although those conditions are satisfied, the
circumstances are such as to make it inappropriate at
present to bring disciplinary proceedings,

it shall submit to the Commission a memorandum under this sub-
paragraph.
45

Serious Organised Crime and Police Bill
Schedule 11 — Investigations into conduct of police officers: accelerated procedure in special cases
183

      (8)
The memorandum required to be submitted under sub-
paragraph (7) is one which—
(a)
notifies the Commission of its determination that those
conditions are not satisfied or (as the case may be) that they
are so satisfied but the circumstances are such as to make
5
it inappropriate at present to bring disciplinary
proceedings; and
(b)
(in either case) sets out its reasons for so determining.
      (9)
In this paragraph “special conditions” has the meaning given by
paragraph 20A(6).
10
Investigations managed or carried out by Commission: action by Commission
20C   (1)
On receipt of a notification under paragraph 20B(6), the
Commission shall give a notification—
(a)
in the case of a complaint, to the complainant and to every
person entitled to be kept properly informed in relation to
15
the complaint under section 21; and
(b)
in the case of a recordable conduct matter, to every person
entitled to be kept properly informed in relation to that
matter under that section.
      (2)
The notification required by sub-paragraph (1) is one setting
20
out—
(a)
the findings of the special report;
(b)
the appropriate authority’s determination under
paragraph 20B(2); and
(c)
the action that the appropriate authority is required to
25
take as a consequence of that determination.
      (3)
Subsections (5) to (7) of section 20 shall have effect in relation to
the duties imposed on the Commission by sub-paragraph (1) as
they have effect in relation to the duties imposed on the
Commission by that section.
30
      (4)
Except so far as may be otherwise provided by regulations made
by virtue of sub-paragraph (3), the Commission shall be entitled
(notwithstanding any obligation of secrecy imposed by any rule of
law or otherwise) to discharge the duty to give a person
mentioned in sub-paragraph (1) notification of the findings of the
35
special report by sending that person a copy of that report.
20D   (1)
On receipt of a memorandum under paragraph 20B(7), the
Commission shall—
(a)
consider the memorandum;
(b)
determine, in the light of that consideration, whether or
40
not to make a recommendation under paragraph 20H;
and
(c)
if it thinks fit to do so, make a recommendation under that
paragraph.
      (2)
If the Commission determines not to make a recommendation
45
under paragraph 20H, it shall require the person appointed under

Serious Organised Crime and Police Bill
Schedule 11 — Investigations into conduct of police officers: accelerated procedure in special cases
184

paragraph 18 or designated under paragraph 19 to continue the
investigation.
Other investigations: action by appropriate authority
20E   (1)
This paragraph applies where—
(a)
a statement and a special report on an investigation
5
carried out by an appropriate authority on its own behalf,
or
(b)
a statement and a special report on an investigation
carried out under the supervision of the Commission,

are submitted to the appropriate authority under paragraph
10
20A(2) or (3).
      (2)
The appropriate authority shall determine whether the special
conditions are satisfied.
      (3)
If the appropriate authority determines that the special
conditions are satisfied then, unless it considers that the
15
circumstances are such as to make it inappropriate to do so, it
shall—
(a)
certify the case as a special case for the purposes of
Regulation 11 of the Police (Conduct) Regulations 2004
(S.I. 2004/645); and
20
(b)
take such steps as are required by that Regulation in
relation to a case so certified.
      (4)
The reference in sub-paragraph (3) to Regulation 11 includes a
reference to any corresponding provision replacing that
Regulation.
25
      (5)
If the appropriate authority determines that the special
conditions are satisfied then it shall notify the Director of Public
Prosecutions of its determination and send him a copy of the
special report.
      (6)
Where the statement and report were required under paragraph
30
20A(2) to be copied to the Commission, the appropriate authority
shall notify the Commission of a certification under sub-
paragraph (3).
      (7)
If the appropriate authority determines—
(a)
that the special conditions are not satisfied, or
35
(b)
that, although those conditions are satisfied, the
circumstances are such as to make it inappropriate at
present to bring disciplinary proceedings,

it shall require the person appointed under paragraph 16 or 17 to
continue his investigation.
40
      (8)
In this paragraph “special conditions” has the meaning given by
paragraph 20A(6).
20F   (1)
If the appropriate authority certifies a case under paragraph
20E(3), it shall give a notification—