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Serious Organised Crime and Police Bill


Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

193

 

13E     

Effect of parental compensation order on subsequent award of

damages in civil proceedings

(1)   

This section has effect where—

(a)   

a parental compensation order has been made in favour of

any person in respect of any taking or loss of property or

5

damage to it; and

(b)   

a claim by him in civil proceedings for damages in respect of

the taking, loss or damage is then to be determined.

(2)   

The damages in the civil proceedings shall be assessed without

regard to the parental compensation order, but the claimant may

10

recover only an amount equal to the aggregate of the following—

(a)   

any amount by which they exceed the compensation; and

(b)   

a sum equal to any portion of the compensation which he

fails to recover.

(3)   

The claimant may not enforce the judgment, so far as it relates to

15

such a sum as is mentioned in subsection (2)(b), without the

permission of the court.”

3     (1)  

Section 8 (parenting orders) is amended as follows.

      (2)  

In subsection (1), after paragraph (a) insert—

“(aa)   

a parental compensation order is made in relation to a child’s

20

behaviour;”.

      (3)  

In subsection (6)(a)—

(a)   

after “paragraph (a)” insert “, (aa)”,

(b)   

after “child safety order,” insert “parental compensation order,”.

4          

In section 18 (interpretation of Chapter 1), in subsection (1), after the

25

definition of “local child curfew scheme” insert—

““parental compensation order” has the meaning given by

section 13A(1) above;”.

5          

In section 114 (orders and regulations), in subsection (3), after “section”

insert “13A(6),”.

30

6          

The amendments made by paragraph 2 of this Schedule do not apply in

relation to any conduct which occurred before the coming into force of that

paragraph.

Schedule 12

Section 142

 

Investigations into conduct of police officers: accelerated procedure in

35

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 a

40

special case under paragraph 20B(3) or 20E(3), or”;

and

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

194

 

(b)   

make the words from “a report” to the end paragraph (b).

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

5

conduct matter believes that the appropriate authority 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

10

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;

           

and if he was appointed following a determination made by the

Commission under paragraph 15 he shall send a copy of the

15

statement and the report to the Commission.

      (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

20

(b)   

a written report on his investigation to that point;

           

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

25

or otherwise from including all such matters in his respect as he

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

30

be submitted only if the person submitting them has grounds to

believe that the appropriate authority will reach a different

determination under paragraph 20B(2) or 20E(2).

      (6)  

After submitting a report under this paragraph, the person

appointed or designated to investigate the complaint or

35

recordable conduct matter shall continue his investigation to such

extent as he considers appropriate.

      (7)  

The special conditions are that—

(a)   

the person whose conduct is the subject matter of the

investigation may have committed an imprisonable

40

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

45

(c)   

it is in the public interest for the person whose conduct is

the subject matter of the investigation to cease to be a

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

195

 

member of a police force, or to be a special constable,

without delay.

      (8)  

In sub-paragraph (7)—

(a)   

in paragraph (a), “imprisonable offence” means an offence

which is punishable with imprisonment in the case of a

5

person aged 21 or over; and

(b)   

in paragraph (b), “conduct justifying dismissal” means

conduct which is so serious that disciplinary proceedings

brought in respect of it would be likely to result in a

dismissal.

10

      (9)  

In paragraphs 20B to 20H “special report” means a report

submitted under this paragraph.

Investigations managed or carried out by Commission: action by appropriate authority

20B   (1)  

This paragraph applies where —

(a)   

a statement and special report on an investigation carried

15

out under the management of the Commission, or

(b)   

a statement and special report on an investigation carried

out by a person designated by the Commission,

           

are submitted to the appropriate authority under paragraph

20A(3).

20

      (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 circumstances are

such as to make it inappropriate to do so, it shall—

25

(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

(b)   

subject to any request made under paragraph 20G(1), take

such steps as are required by that Regulation in relation to

30

a case so certified.

      (4)  

The reference in sub-paragraph (3) to Regulation 11 includes a

reference to any corresponding provision replacing that

Regulation.

      (5)  

If the appropriate authority determines that  the special conditions

35

are satisfied then it shall notify the Director of Public Prosecutions

of its determination and send him a copy of the special report.

      (6)  

The appropriate authority shall notify the Commission of a

certification under sub-paragraph (3).

      (7)  

If the appropriate authority determines—

40

(a)   

that the special conditions are not satisfied, or

(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-

45

paragraph.

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

196

 

      (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(7).

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 out—

20

(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 take

as a consequence of that determination.

25

      (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.

      (4)  

Except so far as may be otherwise provided by regulations made

30

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

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

35

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

not to make a recommendation under paragraph 20H; and

40

(c)   

if it thinks fit to do so, make a recommendation under that

paragraph.

      (2)  

If the Commission determines not to make a recommendation

under paragraph 20H, it shall notify the appropriate authority and

the person appointed under paragraph 18 or designated under

45

paragraph 19 of its determination.

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

197

 

Other investigations: action by appropriate authority

20E   (1)  

This paragraph applies where—

(a)   

a statement and a special report on an investigation carried

out by an appropriate authority on its own behalf, or

(b)   

a statement and a special report on an investigation carried

5

out under the supervision of the Commission,

           

are submitted to the appropriate authority under paragraph

20A(2) or (3).

      (2)  

The appropriate authority shall determine whether the special

conditions are satisfied.

10

      (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

Regulation 11 of the Police (Conduct) Regulations 2004

15

(S.I. 2004/645); and

(b)   

subject to any request made under paragraph 20G(1), 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

20

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 special report.

25

      (6)  

Where the statement and report were required under paragraph

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—

30

(a)   

that the special conditions are not satisfied, or

(b)   

that, although those conditions are satisfied, the

circumstances are such as to make it inappropriate at

present to bring disciplinary proceedings,

           

it shall notify the person appointed under paragraph 16 or 17 of its

35

determination.

      (8)  

In this paragraph “special conditions” has the meaning given by

paragraph 20A(7).

20F   (1)  

If the appropriate authority certifies a case under paragraph

20E(3), it shall give a notification—

40

(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

45

matter under that section.

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

198

 

      (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);

and

(c)   

the action that the authority is required to take in

5

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-

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

on the appropriate authority by that section.

10

      (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

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

15

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) or

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

appropriate authority not to bring disciplinary proceedings

20

without his prior agreement, if the Director considers that

bringing such proceedings might prejudice any future criminal

proceedings.

      (2)  

The Director of Public Prosecutions—

(a)   

shall notify the appropriate authority of any decision of his

25

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

30

the Commission.

      (3)  

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

mentioned in sub-paragraph (5) 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

35

him under paragraph 20B(5).

      (4)  

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

persons mentioned in sub-paragraph (5) if criminal proceedings

are brought against any person by the Director of Public

Prosecutions in respect of any matters dealt with in a special

40

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

      (5)  

Those persons are—

(a)   

in the case of a complaint, the complainant and every

person entitled to be kept properly informed in relation to

the complaint under section 21; and

45

(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.

 

 

Serious Organised Crime and Police Bill
Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases

199

 

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

5

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

10

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 out—

15

(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

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

they have effect in relation to the duties imposed on the

20

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

(notwithstanding any obligation of secrecy imposed by any rule of

law or otherwise) to discharge the duty to give a person

25

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

Commission whether it accepts the recommendation and (if it

does) to certify the case and proceed accordingly.

30

      (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

35

(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.

40

      (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.

45

20I   (1)  

Where—

 

 

 
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