Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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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.

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Schedule 12 — Investigations into conduct of police officers: accelerated procedure in special cases
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      (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
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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
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      (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
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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—