|
| |
|
(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 |
| |
| |
(a) | the findings of the report; |
| |
(b) | the authority’s determination under paragraph 20E(2); |
| 10 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(4) | It shall be the duty of the Commission to notify the persons |
| |
mentioned in sub-paragraph (6) if criminal proceedings 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 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). |
| |
| |
(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 |
| |
(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 |
| |
(a) | the findings of the special report; and |
| |
(b) | the Commission’s recommendation under this |
| |
| |
(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. |
| |
|
| |
|
| |
|
(7) | If, after the Commission has made a recommendation under this |
| |
paragraph, the appropriate authority does not certify the case |
| |
| |
(a) | the Commission may direct the appropriate authority so |
| |
| 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 |
| |
| |
(10) | The appropriate authority shall keep the Commission informed |
| |
of whatever action it takes in response to a recommendation or |
| |
| 15 |
| |
(a) | the Commission makes a recommendation under |
| |
paragraph 20H in the case of an investigation of a |
| |
| |
(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 |
| |
| |
(a) | notifies the Commission that it does not accept the |
| |
recommendation made by the Commission under |
| |
| 30 |
(b) | fails to certify the case under paragraph 20B(3) and to |
| |
| |
| 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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(b) | references to the report of an investigation do not include |
| |
a reference to a report submitted under that |
| |
| |
| |
| |
Investigations of deaths and serious injuries during or after contact with the |
| 5 |
| |
1 | The Police Reform Act 2002 (c. 30) has effect subject to the following |
| |
| |
2 (1) | Section 10(2) (general functions of the Commission) is amended as |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
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 |
| |
| 5 |
| |
5 (1) | Section 16(2) (assistance for which payment is required) is amended as |
| |
| |
(2) | In paragraph (a), for the words from “an investigation relating to” to the |
| |
| 10 |
“(i) | an investigation relating to the conduct of a person |
| |
who, at the time of the conduct, was a member of the |
| |
| |
(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 |
| |
| |
“(i) | an investigation relating to the conduct of a person |
| |
who, at the time of the conduct, was not a member of |
| 20 |
| |
(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 |
| |
| |
(5) | After subsection (2) insert— |
| |
“(2A) | A person falls within this subsection if (in the case of a DSI |
| |
| 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.” |
| |
| 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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(2) | In subsection (2)(b)(ii), after “recordable conduct matters” insert “or DSI |
| |
| |
| |
(a) | in paragraph (a), after “recordable conduct matters” insert “or DSI |
| 15 |
| |
(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 |
| |
| 20 |
9 (1) | Section 23(2) (regulations) is amended as follows. |
| |
(2) | In paragraph (b), after “recordable conduct matters” insert “and DSI |
| |
| |
(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 |
| |
| |
| 30 |
| |
| 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 |
| |
| 35 |
(5) | In paragraph (n)(ii), after “recordable conduct matters” insert “or DSI |
| |
| |
10 (1) | Section 29 (interpretation) is amended as follows. |
| |
| |
(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 |
| |
|
| |
|
| |
|
matter or investigation relating to the conduct |
| |
| |
(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 |
| |
(ii) | if he is not a senior officer, the chief |
| |
officer under whose direction and |
| |
| |
(b) | in relation to a death or serious injury matter, |
| 10 |
| |
(i) | if the relevant officer is a senior |
| |
officer, the police authority for the area |
| |
of the police force of which he is a |
| |
| 15 |
(ii) | if he is not a senior officer, the chief |
| |
officer under whose direction 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 |
| |
| 25 |
(a) | who arrested the person who has died or suffered serious |
| |
| |
(b) | in whose custody that person was at the time of the death 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 |
| |
| |
11 | Schedule 3 (handling of complaints and conduct matters) is amended as set |
| |
out in the following paragraphs. |
| |
12 | After paragraph 14 insert— |
| 40 |
| |
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 |
| 45 |
|
| |
|