Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police
192

matter, it shall be the duty of the appropriate authority to record
that matter.
      (2)
If it appears to the Commission—
(a)
that any matter that has come to its attention is a DSI
matter, but
5
(b)
that that matter has not been recorded by the appropriate
authority,

the Commission may direct the appropriate authority to record
that matter; and it shall be the duty of that authority to comply
with the direction.
10
Duty to preserve evidence relating to DSI matters
14B   (1)
Where—
(a)
a DSI matter comes to the attention of a police authority,
and
(b)
the relevant officer in relation to that matter is the chief
15
officer of the force maintained by that authority,

it shall be the duty of that authority to secure that all such steps
as are appropriate for the purposes of Part 2 of this Act are taken,
both initially and from time to time after that, for obtaining and
preserving evidence relating to that matter.
20
      (2)
Where—
(a)
a chief officer becomes aware of a DSI matter, and
(b)
the relevant officer in relation to that matter is a person
under his direction and control,

it shall be his duty to take all such steps as appear to him to be
25
appropriate for the purposes of Part 2 of this Act for obtaining and
preserving evidence relating to that matter.
      (3)
The chief officer’s duty under sub-paragraph (2) must be
performed as soon as practicable after he becomes aware of the
matter in question.
30
      (4)
After that, he shall be under a duty, until he is satisfied that it is
no longer necessary to do so, to continue to take the steps from
time to time appearing to him to be appropriate for the purposes
of Part 2 of this Act for obtaining and preserving evidence relating
to the matter.
35
      (5)
It shall be the duty of a police authority to comply with all such
directions as may be given to it by the Commission in relation to
the performance of any duty imposed on it by virtue of sub-
paragraph (1).
      (6)
It shall be the duty of the chief officer to take all such specific steps
40
for obtaining or preserving evidence relating to any DSI matter as
he may be directed to take for the purposes of this paragraph by
the police authority maintaining his force or by the
Commission.

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Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police
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Reference of DSI matters to the Commission
14C   (1)
It shall be the duty of the appropriate authority to refer a DSI
matter to the Commission.
      (2)
The appropriate authority must do so within such period as may
be provided for by regulations made by the Secretary of State.
5
      (3)
A matter that has already been referred to the Commission under
this paragraph on a previous occasion shall not be required to be
referred again under this paragraph unless the Commission so
directs.
Duties of Commission on references under paragraph 14C
10
14D   (1)
It shall be the duty of the Commission, in the case of every DSI
matter referred to it by a police authority or a chief officer, to
determine whether or not it is necessary for the matter to be
investigated.
      (2)
Where the Commission determines under this paragraph that it is
15
not necessary for a DSI matter to be investigated, it may if it thinks
fit refer the matter back to the appropriate authority to be dealt
with by that authority in such manner (if any) as that authority
may determine.”
13
In paragraph 15(1)(a) and (8) (power of the Commission to determine the
20
form of an investigation), for “or recordable conduct matter” substitute “,
recordable conduct matter or DSI matter”.
14    (1)
Paragraph 16 (investigations by the appropriate authority on its own
behalf) is amended as follows.
      (2)
In sub-paragraph (1), for “or recordable conduct matter” substitute “,
25
recordable conduct matter or DSI matter”.
      (3)
In sub-paragraph (2)(a), after “recordable conduct matter” insert “or under
paragraph 14D(2) in relation to any DSI matter”.
      (4)
In sub-paragraph (3), after “(4)” insert “or (5)”.
      (5)
In sub-paragraph (4), for “matter” substitute “conduct matter”.
30
      (6)
After sub-paragraph (4) add—
    “(5)
The person appointed under this paragraph to investigate any
DSI matter—
(a)
in relation to which the relevant officer is a chief officer,
must not be a person under that chief officer’s direction
35
and control;
(b)
in relation to which the relevant officer is the
Commissioner of Police of the Metropolis or the Deputy
Commissioner of Police of the Metropolis, must be the
person nominated by the Secretary of State for
40
appointment under this paragraph.”
15    (1)
Paragraph 17 (investigations supervised by the Commission) is amended
as follows.

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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      (2)
In sub-paragraph (1), for “or recordable conduct matter” substitute “,
recordable conduct matter or DSI matter”.
      (3)
In sub-paragraph (6), for “matter” substitute “conduct matter”.
      (4)
After sub-paragraph (6) insert—
   “(6A)
The person appointed under this paragraph to investigate any
5
DSI matter—
(a)
in relation to which the relevant officer is a chief officer,
must not be a person under that chief officer’s direction
and control;
(b)
in relation to which the relevant officer is the
10
Commissioner of Police of the Metropolis or the Deputy
Commissioner of Police of the Metropolis, must be the
person nominated by the Secretary of State for
appointment under this paragraph.”
16    (1)
Paragraph 18 (investigations managed by the Commission) is amended as
15
follows.
      (2)
In sub-paragraph (1), for “or recordable conduct matter” substitute “,
recordable conduct matter or DSI matter”.
      (3)
In sub-paragraph (2), for “(6)” substitute “(6A)”.
17    (1)
Paragraph 19 (investigations by the Commission itself) is amended as
20
follows.
      (2)
In sub-paragraph (1), for “or recordable conduct matter” substitute “,
recordable conduct matter or DSI matter”.
      (3)
After sub-paragraph (3) insert—
   “(3A)
The person designated under sub-paragraph (2) to be the person
25
to take charge of an investigation of a DSI matter in relation to
which the relevant officer is the Commissioner of Police of the
Metropolis or the Deputy Commissioner of Police of the
Metropolis must be the person nominated by the Secretary of State
to be so designated under that sub-paragraph.”
30
18
In paragraph 20(1) (restrictions on proceedings pending the conclusion of
an investigation), after “22” insert “or 24A”.
19
In paragraph 21(4) (power of the Commission to discontinue an
investigation), for “or recordable conduct matter” substitute “, recordable
conduct matter or DSI matter”.
35
20
After paragraph 21 insert—
“Procedure where conduct matter is revealed during investigation of DSI matter
21A   (1)
If during the course of an investigation of a DSI matter it appears
to a person appointed under paragraph 18 or designated under
paragraph 19 that there is an indication that a person serving with
40
the police (“the person whose conduct is in question”) may have—
(a)
committed a criminal offence, or
(b)
behaved in a manner which would justify the bringing of
disciplinary proceedings,

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Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police
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he shall make a submission to that effect to the Commission.
      (2)
If, after considering a submission under sub-paragraph (1), the
Commission determines that there is such an indication, it shall—
(a)
unless it considers that to do so might prejudice any
further investigation of the matter, notify the person
5
whose conduct is in question of its determination; and
(b)
notify the appropriate authority in relation to the DSI
matter and (if different) the appropriate authority in
relation to the person whose conduct is in question of its
determination.
10
      (3)
If during the course of an investigation of a DSI matter it appears
to a person appointed under paragraph 16 or 17 that there is an
indication that a person serving with the police (“the person
whose conduct is in question”) may have—
(a)
committed a criminal offence, or
15
(b)
behaved in a manner which would justify the bringing of
disciplinary proceedings,

he shall make a submission to that effect to the appropriate
authority in relation to the DSI matter.
      (4)
If, after considering a submission under sub-paragraph (3), the
20
appropriate authority determines that there is such an indication,
it shall—
(a)
unless it considers that to do so might prejudice any
further investigation of the matter, notify the person
whose conduct is in question of its determination;
25
(b)
if it is not the appropriate authority in relation to the
person whose conduct is in question, notify that other
authority of its determination; and
(c)
notify the Commission of its determination and send to it
a copy of the submission under sub-paragraph (3).
30
      (5)
Where the appropriate authority in relation to the person whose
conduct is in question—
(a)
is notified of a determination by the Commission under
sub-paragraph (2),
(b)
(in a case where it is also the appropriate authority in
35
relation to the DSI matter) makes a determination under
sub-paragraph (4), or
(c)
(in a case where it is not the appropriate authority in
relation to the DSI matter) is notified by that other
authority of a determination by it under sub-paragraph
40
(4),

it shall record the matter as a conduct matter.
      (6)
If the Commission—
(a)
makes a determination under sub-paragraph (2), or
(b)
is notified of a determination by an appropriate authority
45
under sub-paragraph (4),

it shall, if it thinks fit, make a further determination under
paragraph 15 as to the form which the investigation should take

Serious Organised Crime and Police Bill
Schedule 12 — Investigations of deaths and serious injuries during or after contact with the police
196

thereafter (and paragraphs 15(3) to (8) shall apply to any such
determination).”
21
For paragraph 22 (final reports on investigations) substitute—
“Final reports on investigations: complaints, conduct matters and certain DSI
matters
5
22    (1)
This paragraph applies on the completion of an investigation
of—
(a)
a complaint,
(b)
a conduct matter, or
(c)
a DSI matter in respect of which the Commission or the
10
appropriate authority has made a determination under
paragraph 21A(2) or (4).
      (2)
A person appointed under paragraph 16 shall submit a report on
his investigation to the appropriate authority.
      (3)
A person appointed under paragraph 17 or 18 shall—
15
(a)
submit a report on his investigation to the Commission;
and
(b)
send a copy of that report to the appropriate authority.
      (4)
In relation to a DSI matter in respect of which a determination has
been made under paragraph 21A(2) or (4), the references in sub-
20
paragraphs (2) and (3) of this paragraph to the appropriate
authority are references to—
(a)
the appropriate authority in relation to the DSI matter;
and
(b)
(where different) the appropriate authority in relation to
25
the person whose conduct is in question.
      (5)
A person designated under paragraph 19 as the person in charge
of an investigation by the Commission itself shall submit a report
on it to the Commission.
      (6)
A person submitting a report under this paragraph shall not be
30
prevented by any obligation of secrecy imposed by any rule of law
or otherwise from including all such matters in his report as he
thinks fit.”
22    (1)
In the heading preceding paragraph 23, after “investigation report” insert
“under paragraph 22”.
35
      (2)
In paragraph 23(1)—
(a)
in paragraph (a), for “(2)” substitute “(3)”; and
(b)
in paragraph (b), for “(3)” substitute “(5)”.
      (3)
After paragraph 23(12) insert—
   “(13)
In relation to a DSI matter in respect of which a determination
40
has been made under paragraph 21A(2) or (4), the references in
this paragraph to the appropriate authority are references to the
appropriate authority in relation to the person whose conduct is in
question.”

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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23    (1)
In the heading preceding paragraph 24, after “investigation report” insert
“under paragraph 22”.
      (2)
In paragraph 24(1)—
(a)
in paragraph (a), for “22(1)” substitute “22(2)”; and
(b)
in paragraph (b), for “22(2)” substitute “22(3)”.
5
      (3)
After paragraph 24(10) insert—
   “(11)
In relation to a DSI matter in respect of which a determination
has been made under paragraph 21A(2) or (4), the references in
this paragraph to the appropriate authority are references to the
appropriate authority in relation to the person whose conduct is in
10
question.”
24
After paragraph 24 insert—
“Final reports on investigations: other DSI matters
24A   (1)
This paragraph applies on the completion of an investigation of
a DSI matter in respect of which neither the Commission nor the
15
appropriate authority has made a determination under paragraph
21A(2) or (4).
      (2)
A person appointed under paragraph 16, 17 or 18 or designated
under paragraph 19 shall—
(a)
submit a report on the investigation to the Commission;
20
and
(b)
send a copy of that report to the appropriate authority.
      (3)
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 report as he
25
thinks fit.
      (4)
On receipt of the report, the Commission shall determine whether
the report indicates that a person serving with the police may
have—
(a)
committed a criminal offence, or
30
(b)
behaved in a manner which would justify the bringing of
disciplinary proceedings.
Action by the Commission in response to an investigation report under paragraph
24A
24B   (1)
If the Commission determines under paragraph 24A(4) that the
35
report indicates that a person serving with the police may have
committed a criminal offence, it shall—
(a)
notify the Director of Public Prosecutions of the
determination and send him a copy of the report; and
(b)
notify the appropriate authority of its determination and
40
of any action taken by it under paragraph (a).
      (2)
Sub-paragraphs (3) to (5) of paragraph 23 apply where a report is
copied to the Director of Public Prosecutions under paragraph

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(1)(a) as they apply where a report is copied to him under
paragraph 23(2)(c).
      (3)
Sub-paragraph (5) applies where—
(a)
the Commission determines under paragraph 24A(4)
that the report indicates that a person serving with the
5
police may have behaved in a manner which would justify
the bringing of disciplinary proceedings, and
(b)
sub-paragraph (4) is satisfied.
      (4)
This sub-paragraph is satisfied where the Commission—
(a)
determines under paragraph 24A(4) that there is no
10
indication in the report that a criminal offence may have
been committed, or
(b)
is notified by the Director of Public Prosecutions, in a case
in which it has sent him a copy of the report, that the
Director proposes to take no action in respect of any of the
15
matters dealt with in the report, or
(c)
is satisfied that all criminal proceedings brought or likely
to be brought in respect of matters dealt with in the report
have been brought to a conclusion (apart from the bringing
and determination of any appeal).
20
      (5)
Where this sub-paragraph applies, the Commission shall give a
notification to the appropriate authority requiring it to determine
what action (if any) it will itself take in respect of the matters dealt
with in the report.
      (6)
Where an appropriate authority receives a notification under
25
paragraph (1)(b) or (5), it shall (if it has not already done so) record
the matter as a conduct matter.
      (7)
Sub-paragraphs (7) to (12) of paragraph 23 apply where the
Commission gives a notification under sub-paragraph (5) as they
apply where it gives a notification under paragraph 23(6).
30
      (8)
In this paragraph (and in paragraph 23(3) to (5) and (7) to (12) as
it applies by virtue of this paragraph) “the appropriate authority”
means the appropriate authority in relation to the person
mentioned in sub-paragraph (1) or (3)(a).
24C
If the Commission determines under paragraph 24A(4) that there
35
is no indication in the report that a person serving with the police
may have—
(a)
committed a criminal offence, or
(b)
behaved in a manner which would justify the bringing of
disciplinary proceedings,
40

it shall make such recommendations or give such advice under
section 10(1)(e) (if any) as it considers necessary or desirable.”
25
In paragraph 27(1)(b) (duties with respect to disciplinary proceedings),
after “paragraph 23” insert “, 24B”.