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Serious Organised Crime and Police Bill


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

185

 

(a)   

in the case of a complaint, to the complainant and to every

person entitled to be kept properly informed in relation to

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

5

matter under that section.

      (2)  

The notification required by sub-paragraph (1) is one setting

out—

(a)   

the findings of the report;

(b)   

the authority’s determination under paragraph 20E(2);

10

and

(c)   

the action that the authority is required to take in

consequence of that determination.

      (3)  

Subsections (5) to (7) of section 20 shall have effect in relation to

the duties imposed on the appropriate authority by sub-

15

paragraph (1) as they have effect in relation to the duties imposed

on the appropriate authority by that section.

      (4)  

Except so far as may be otherwise provided by regulations made

by virtue of sub-paragraph (3), the appropriate authority shall be

entitled (notwithstanding any obligation of secrecy imposed by

20

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

special report by sending that person a copy of that report.

Special cases: Director of Public Prosecutions

20G   (1)  

On receiving a copy of a special report under paragraph 20B(5)

25

or 20E(5), the Director of Public Prosecutions may make a request

to the appropriate authority that the investigation to which the

report relates be continued, if he considers it desirable to do so in

order to secure additional evidence.

      (2)  

On receipt of a request under sub-paragraph (1), the appropriate

30

authority shall—

(a)   

if the investigation was carried out by a person appointed

under paragraph 18 or designated under paragraph 19,

transmit the request to the Commission, which shall

instruct that person to continue his investigation; or

35

(b)   

if the investigation was carried out by a person appointed

under paragraph 16 or 17, instruct that person to continue

his investigation.

      (3)  

The Director of Public Prosecutions—

(a)   

shall notify the appropriate authority of any decision of

40

his to take, or not to take, action in respect of the matters

dealt with in a special report copied to him under

paragraph 20B(5) or 20E(5); and

(b)   

where the special report was copied to him under

paragraph 20B(5), shall send a copy of that notification to

45

the Commission.

      (4)  

It shall be the duty of the Commission to notify the persons

mentioned in sub-paragraph (6) if criminal proceedings are

 

 

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

186

 

brought against any person by the Director of Public Prosecutions

in respect of any matters dealt with in a special report copied to

him under paragraph 20B(5).

      (5)  

It shall be the duty of the appropriate authority to notify the

persons mentioned in sub-paragraph (6) if criminal proceedings

5

are brought against any person by the Director of Public

Prosecutions in respect of any matters dealt with in a special

report copied to him under paragraph 20E(5).

      (6)  

Those persons are—

(a)   

in the case of a complaint, the complainant and every

10

person entitled to be kept properly informed in relation to

the complaint under section 21; and

(b)   

in the case of a recordable conduct matter, every person

entitled to be kept properly informed in relation to that

matter under that section.

15

Special cases: recommendation or direction of Commission

20H   (1)  

Where the appropriate authority has submitted, or is required to

submit, a memorandum to the Commission under paragraph

20B(7), the Commission may make a recommendation to the

appropriate authority that it should certify the case under

20

paragraph 20B(3).

      (2)  

If the Commission determines to make a recommendation under

this paragraph, it 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

25

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.

      (3)  

The notification required by sub-paragraph (2) is one setting

30

out—

(a)   

the findings of the special report; and

(b)   

the Commission’s recommendation under this

paragraph.

      (4)  

Subsections (5) to (7) of section 20 shall have effect in relation to

35

the duties imposed on the Commission by sub-paragraph (2) as

they have effect in relation to the duties imposed on the

Commission by that section.

      (5)  

Except so far as may be otherwise provided by regulations made

by virtue of sub-paragraph (4), the Commission shall be entitled

40

(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 (2) notification of the findings of the

special report by sending that person a copy of the report.

      (6)  

It shall be the duty of the appropriate authority to notify the

45

Commission whether it accepts the recommendation and (if it

does) to certify the case and proceed accordingly.

 

 

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

187

 

      (7)  

If, after the Commission has made a recommendation under this

paragraph, the appropriate authority does not certify the case

under paragraph 20B(3)—

(a)   

the Commission may direct the appropriate authority so

to certify it; and

5

(b)   

it shall be the duty of the appropriate authority to comply

with the direction and proceed accordingly.

      (8)  

Where the Commission gives the appropriate authority a

direction under this paragraph, it shall supply the appropriate

authority with a statement of its reasons for doing so.

10

      (9)  

The Commission may at any time withdraw a direction given

under this paragraph.

     (10)  

The appropriate authority shall keep the Commission informed

of whatever action it takes in response to a recommendation or

direction.

15

20I   (1)  

Where—

(a)   

the Commission makes a recommendation under

paragraph 20H in the case of an investigation of a

complaint, and

(b)   

the appropriate authority notifies the Commission that

20

the recommendation has been accepted,

           

the Commission shall notify the complainant and every person

entitled to be kept properly informed in relation to the complaint

under section 21 of that fact and of the steps that have been, or are

to be, taken by the appropriate authority to give effect to it.

25

      (2)  

Where in the case of an investigation of a complaint the

appropriate authority—

(a)   

notifies the Commission that it does not accept the

recommendation made by the Commission under

paragraph 20H, or

30

(b)   

fails to certify the case under paragraph 20B(3) and to

proceed accordingly,

           

it shall be the duty of the Commission to determine what if any

further steps to take under paragraph 20H.

      (3)  

It shall be the duty of the Commission to notify the complainant

35

and every person entitled to be kept properly informed in relation

to the complaint under section 21—

(a)   

of any determination under sub-paragraph (2) not to take

further steps under paragraph 20H; and

(b)   

where it determines under that sub-paragraph to take

40

further steps under that paragraph, of the outcome of the

taking of those steps.”

4          

In paragraph 25, after sub-paragraph (2) insert—

   “(2A)  

In sub-paragraph (2)—

(a)   

references to the findings of an investigation do not

45

include a reference to findings on a report submitted under

paragraph 20A; and

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police

188

 

(b)   

references to the report of an investigation do not include

a reference to a report submitted under that

paragraph.”

Schedule 12

Section 137

 

Investigations of deaths and serious injuries during or after contact with the

5

police

1          

The Police Reform Act 2002 (c. 30) has effect subject to the following

amendments.

2     (1)  

Section 10(2) (general functions of the Commission) is amended as

follows.

10

      (2)  

After paragraph (b) insert—

“(ba)   

the recording of matters from which it appears that a person

has died or suffered serious injury during, or following,

contact with a person serving with the police;”.

      (3)  

In paragraph (c), after “paragraph (b)” insert “or (ba)”.

15

3          

In section 12 (matters to which Part 2 applies), after subsection (2) insert—

“(2A)   

In this Part “death or serious injury matter” (or “DSI matter” for

short) means any circumstances (other than those which are or have

been the subject of a complaint or which amount to a conduct

matter)—

20

(a)   

in or in consequence of which a person has died or has

sustained serious injury; and

(b)   

in relation to which the requirements of either subsection

(2B) or subsection (2C) are satisfied.

(2B)   

The requirements of this subsection are that at the time of the death

25

or serious injury the person—

(a)   

had been arrested by a person serving with the police and

had not been released from that arrest; or

(b)   

was otherwise detained in the custody of a person serving

with the police.

30

(2C)   

The requirements of this subsection are that—

(a)   

at or before the time of the death or serious injury the person

had contact (of whatever kind, and whether direct or

indirect) with a person serving with the police who was

acting in the execution of his duties; and

35

(b)   

there is an indication that the contact may have caused

(whether directly or indirectly) or contributed to the death or

serious injury.”

(2D)   

In subsection (2A) the reference to a person includes a person

serving with the police, but in relation to such a person “contact” in

40

subsection (2C) does not include contact that he has whilst acting in

the execution of his duties.”

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police

189

 

4          

In the following provisions, for “and conduct matters” substitute “, conduct

matters and DSI matters”—

(a)   

the cross-heading preceding section 13;

(b)   

the heading for section 13 (handling of complaints and conduct

matters); and

5

(c)   

that section itself.

5     (1)  

Section 16(2) (assistance for which payment is required) is amended as

follows.

      (2)  

In paragraph (a), for the words from “an investigation relating to” to the

end substitute—

10

“(i)   

an investigation relating to the conduct of a person

who, at the time of the conduct, was a member of the

other force, or

(ii)   

an investigation of a DSI matter in relation to which

the relevant officer was, at the time of the death or

15

serious injury, a member of the other force; and”.

      (3)  

In paragraph (b), for the words from “an investigation” to the end

substitute—

“(i)   

an investigation relating to the conduct of a person

who, at the time of the conduct, was not a member of

20

that force, or

(ii)   

an investigation of a DSI matter in relation to which

the relevant officer was, at the time of the death or

serious injury, not a member of that force.”

6          

In section 18 (inspection of police premises on behalf of the Commission),

25

in subsection (2)(a), after “conduct matters” insert “or DSI matters”.

7     (1)  

Section 21 (duty to provide information) is amended as follows.

      (2)  

In subsection (1), for “or recordable conduct matter” substitute “, recordable

conduct matter or DSI matter”.

      (3)  

In subsection (1)(a), after “subsection (2)” insert “or (2A)”.

30

      (4)  

In subsection (2), after “if” insert “(in the case of a complaint or recordable

conduct matter)”.

      (5)  

After subsection (2) insert—

“(2A)   

A person falls within this subsection if (in the case of a DSI

matter)—

35

(a)   

he is a relative of the person who has died;

(b)   

he is a relative of the person who has suffered serious injury

and that person is incapable of making a complaint;

(c)   

he himself is the person who has suffered serious injury.”

      (6)  

In subsection (3)—

40

(a)   

after “subsection (2)” insert “or (2A)”; and

(b)   

for “or recordable conduct matter” (in both places) substitute “,

recordable conduct matter or DSI matter”.

      (7)  

In subsection (5), for “or conduct matter” substitute “, conduct matter or DSI

matter”.

45

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police

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      (8)  

In subsections (6) and (7), for “or recordable conduct matter” substitute “,

recordable conduct matter or DSI matter”.

      (9)  

After subsection (9)(b) insert—

“(ba)   

whether the Commission or the appropriate authority has

made a determination under paragraph 21A of Schedule

5

3;”.

     (10)  

In subsection (9)(c), after “paragraph 22” insert “or 24A”.

     (11)  

In subsection (10), for “or recordable conduct matter” substitute “,

recordable conduct matter or DSI matter”.

8     (1)  

Section 22 (power of Commission to issue guidance) is amended as

10

follows.

      (2)  

In subsection (2)(b)(ii), after “recordable conduct matters” insert “or DSI

matters”.

      (3)  

In subsection (5)—

(a)   

in paragraph (a), after “recordable conduct matters” insert “or DSI

15

matters”;

(b)   

in paragraphs (b) and (d)(ii), after “recordable conduct matter”

insert “or DSI matter”; and

(c)   

in paragraph (e)(i), for “or conduct matter” substitute “, conduct

matter or DSI matter”.

20

9     (1)  

Section 23(2) (regulations) is amended as follows.

      (2)  

In paragraph (b), after “recordable conduct matters” insert “and DSI

matters”.

      (3)  

For paragraph (h) substitute—

“(h)   

for combining into a single investigation the investigation

25

of any complaint, conduct matter or DSI matter with any one

or more, or any combination, of the following—

(i)   

complaints (whether or not relating to the same

conduct),

(ii)   

conduct matters, or

30

(iii)   

DSI matters,

   

and for splitting a single investigation into two or more

separate investigations;”.

      (4)  

In paragraph (j), for “or conduct matter” substitute “, conduct matter or DSI

matter”.

35

      (5)  

In paragraph (n)(ii), after “recordable conduct matters” insert “or DSI

matters”.

10    (1)  

Section 29 (interpretation) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for the definition of “the appropriate authority” substitute—

40

““the appropriate authority”—

(a)   

in relation to a person serving with the police

or in relation to any complaint, conduct

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police

191

 

matter or investigation relating to the conduct

of such a person, means—

(i)   

if that person is a senior officer, the

police authority for the area of the

police force of which he is a member;

5

and

(ii)   

if he is not a senior officer, the chief

officer under whose direction and

control he is; and

(b)   

in relation to a death or serious injury matter,

10

means—

(i)   

if the relevant officer is a senior

officer, the police authority for the area

of the police force of which he is a

member; and

15

(ii)   

if he is not a senior officer, the chief

officer under whose direction and

control he is;”; and

(b)   

after the definition of “conduct matter” insert—

““death or serious injury matter” and “DSI matter”

20

have the meaning given by section 12;”.

      (3)  

After subsection (1) insert—

“(1A)   

In this Part “the relevant officer”, in relation to a DSI matter, means

the person serving with the police (within the meaning of section

12(7))—

25

(a)   

who arrested the person who has died or suffered serious

injury,

(b)   

in whose custody that person was at the time of the death or

serious injury, or

(c)   

with whom that person had the contact in question;

30

   

and where there is more than one such person it means, subject to

subsection (1B), the one who so dealt with him last before the death

or serious injury occurred.

(1B)   

Where it cannot be determined which of two or more persons

serving with the police dealt with a person last before a death or

35

serious injury occurred, the relevant officer is the most senior of

them.”

11         

Schedule 3 (handling of complaints and conduct matters) is amended as set

out in the following paragraphs.

12         

After paragraph 14 insert—

40

“Part 2A

handling of death and serious injury (DSI) matters

Duty to record DSI matters

14A   (1)  

Where a DSI matter comes to the attention of the police authority

or chief officer who is the appropriate authority in relation to that

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