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 13 — Investigations of deaths and serious injuries during or after contact with the police
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(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 the
recommendation has been accepted,
5

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.
      (2)
Where in the case of an investigation of a complaint the
10
appropriate authority—
(a)
notifies the Commission that it does not accept the
recommendation made by the Commission under
paragraph 20H, or
(b)
fails to certify the case under paragraph 20B(3) and to
15
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
and every person entitled to be kept properly informed in relation
20
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
further steps under that paragraph, of the outcome of the
25
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
include a reference to findings on a report submitted under
30
paragraph 20A; and
(b)
references to the report of an investigation do not include
a reference to a report submitted under that paragraph.”
Schedule 13
Section 143

Investigations of deaths and serious injuries during or after contact with the
35
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.
      (2)
After paragraph (b) insert—
40
“(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)”.

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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)—
5
(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
10
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.
15
(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
20
(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
25
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;
30
(b)
the heading for section 13 (handling of complaints and conduct
matters); and
(c)
that section itself.
5     (1)
Section 16(2) (assistance for which payment is required) is amended as
follows.
35
      (2)
In paragraph (a), for the words from “an investigation relating to” to the end
substitute—
“(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
40
(ii)
an investigation of a DSI matter in relation to which
the relevant officer was, at the time of the death or
serious injury, a member of the other force; and”.
      (3)
In paragraph (b), for the words from “an investigation” to the end
substitute—
45
“(i)
an investigation relating to the conduct of a person
who, at the time of the conduct, was not a member of
that force, or

Serious Organised Crime and Police Bill
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(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), in
subsection (2)(a), after “conduct matters” insert “or DSI matters”.
5
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)”.
      (4)
In subsection (2), after “if” insert “(in the case of a complaint or recordable
10
conduct matter)”.
      (5)
After subsection (2) insert—
“(2A)
A person falls within this subsection if (in the case of a DSI matter)—
(a)
he is a relative of the person who has died;
(b)
he is a relative of the person who has suffered serious injury
15
and that person is incapable of making a complaint;
(c)
he himself is the person who has suffered serious injury.”
      (6)
In subsection (3)—
(a)
after “subsection (2)” insert “or (2A)”; and
(b)
for “or recordable conduct matter” (in both places) substitute “,
20
recordable conduct matter or DSI matter”.
      (7)
In subsection (5), for “or conduct matter” substitute “, conduct matter or DSI
matter”.
      (8)
In subsections (6) and (7), for “or recordable conduct matter” substitute “,
recordable conduct matter or DSI matter”.
25
      (9)
After subsection (9)(b) insert—
“(ba)
whether the Commission or the appropriate authority has
made a determination under paragraph 21A of Schedule 3;”.
     (10)
In subsection (9)(c), after “paragraph 22” insert “or 24A”.
     (11)
In subsection (10), for “or recordable conduct matter” substitute “,
30
recordable conduct matter or DSI matter”.
8     (1)
Section 22 (power of Commission to issue guidance) is amended as follows.
      (2)
In subsection (2)(b)(ii), after “recordable conduct matters” insert “or DSI
matters”.
      (3)
In subsection (5)—
35
(a)
in paragraph (a), after “recordable conduct matters” insert “or DSI
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
40
matter or DSI matter”.
9     (1)
Section 23(2) (regulations) is amended as follows.

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      (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 of
any complaint, conduct matter or DSI matter with any one or
5
more, or any combination, of the following—
(i)
complaints (whether or not relating to the same
conduct),
(ii)
conduct matters, or
(iii)
DSI matters,
10

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”.
      (5)
In paragraph (n)(ii), after “recordable conduct matters” insert “or DSI
15
matters”.
10    (1)
Section 29 (interpretation) is amended as follows.
      (2)
In subsection (1)—
(a)
for the definition of “the appropriate authority” substitute—
““the appropriate authority”—
20
(a)
in relation to a person serving with the police
or in relation to any complaint, conduct
matter or investigation relating to the conduct
of such a person, means—
(i)
if that person is a senior officer, the
25
police authority for the area of the
police force of which he is a member;
and
(ii)
if he is not a senior officer, the chief
officer under whose direction and
30
control he is; and
(b)
in relation to a death or serious injury matter,
means—
(i)
if the relevant officer is a senior officer,
the police authority for the area of the
35
police force of which he is a member;
and
(ii)
if he is not a senior officer, the chief
officer under whose direction and
control he is;”; and
40
(b)
after the definition of “conduct matter” insert—
““death or serious injury matter” and “DSI matter” 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
45
the person serving with the police (within the meaning of section
12(7))—

Serious Organised Crime and Police Bill
Schedule 13 — Investigations of deaths and serious injuries during or after contact with the police
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(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;
5

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
10
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—
15
“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
20
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
25
(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.
30
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
35
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.
40
      (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,

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it shall be his duty to take all such steps as appear to him to be
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
5
matter in question.
      (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
10
matter.
      (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).
15
      (6)
It shall be the duty of the chief officer to take all such specific steps
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.
Reference of DSI matters to the Commission
20
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.
      (3)
A matter that has already been referred to the Commission under
25
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
14D   (1)
It shall be the duty of the Commission, in the case of every DSI
30
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
not necessary for a DSI matter to be investigated, it may if it thinks
35
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
form of an investigation), for “or recordable conduct matter” substitute “,
40
recordable conduct matter or DSI matter”.
14    (1)
Paragraph 16 (investigations by the appropriate authority on its own behalf)
is amended as follows.

Serious Organised Crime and Police Bill
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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 (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
      (5)
In sub-paragraph (4), for “matter” substitute “conduct matter”.
      (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,
10
must not be a person under that chief officer’s direction
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
15
person nominated by the Secretary of State for
appointment under this paragraph.”
15    (1)
Paragraph 17 (investigations supervised by the Commission) is amended as
follows.
      (2)
In sub-paragraph (1), for “or recordable conduct matter” substitute “,
20
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 DSI
matter—
25
(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
Commissioner of Police of the Metropolis or the Deputy
30
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
follows.
35
      (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
follows.
40
      (2)
In sub-paragraph (1), for “or recordable conduct matter” substitute “,
recordable conduct matter or DSI matter”.