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
207

      (3)
After sub-paragraph (3) insert—
   “(3A)
The person designated under sub-paragraph (2) to be the person
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
5
Metropolis must be the person nominated by the Secretary of State
to be so designated under that sub-paragraph.”
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
10
investigation), for “or recordable conduct matter” substitute “, recordable
conduct matter or DSI matter”.
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
15
to a person appointed under paragraph 18 or designated under
paragraph 19 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
(b)
behaved in a manner which would justify the bringing of
20
disciplinary proceedings,

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)
notify the appropriate authority in relation to the DSI
25
matter and (if different) the appropriate authority in
relation to the person whose conduct is in question of its
determination; and
(b)
send to it (or each of them) a copy of the submission under
sub-paragraph (1).
30
      (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
35
(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
40
appropriate authority determines that there is such an indication,
it shall—
(a)
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 send to that authority a
45
copy of the submission under sub-paragraph (3); and

Serious Organised Crime and Police Bill
Schedule 13 — Investigations of deaths and serious injuries during or after contact with the police
208

(b)
notify the Commission of its determination and send to it
a copy of the submission under sub-paragraph (3).
      (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
5
sub-paragraph (2),
(b)
(in a case where it is also the appropriate authority in
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
10
relation to the DSI matter) is notified by that other
authority of a determination by it under sub-paragraph (4),

it shall record the matter under paragraph 11 as a conduct matter
(and the other provisions of this Schedule shall apply in relation to
that matter accordingly).”
15
21
For paragraph 22 (final reports on investigations) substitute—
“Final reports on investigations: complaints, conduct matters and certain DSI matters
22    (1)
This paragraph applies on the completion of an investigation of—
(a)
a complaint,
(b)
a conduct matter, or
20
(c)
a DSI matter in respect of which the Commission or the
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.
25
      (3)
A person appointed under paragraph 17 or 18 shall—
(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
30
been made under paragraph 21A(2) or (4), the references in sub-
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
35
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
40
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

Serious Organised Crime and Police Bill
Schedule 13 — Investigations of deaths and serious injuries during or after contact with the police
209

“under paragraph 22”.
      (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—
5
   “(13)
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
question.”
10
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)”.
15
      (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
20
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
25
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;
30
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
35
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
40
(b)
behaved in a manner which would justify the bringing of
disciplinary proceedings.

Serious Organised Crime and Police Bill
Schedule 14 — Abolition of Royal Parks Constabulary: Supplementary
Part 1 — Transfers to Metropolitan Police Authority
210

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
report indicates 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
5
disciplinary proceedings,

it shall notify the appropriate authority in relation to the person
whose conduct is in question of its determination and, if it appears
that that authority has not already been sent a copy of the report,
send a copy of the report to that authority.
10
      (2)
Where the appropriate authority in relation to the person whose
conduct is in question is notified of a determination by the
Commission under sub-paragraph (1), it shall record the matter
under paragraph 11 as a conduct matter (and the other provisions
of this Schedule shall apply in relation to that matter accordingly).
15
24C   (1)
If the Commission determines under paragraph 24A(4) that there
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
20
disciplinary proceedings,

it shall make such recommendations or give such advice under
section 10(1)(e) (if any) as it considers necessary or desirable.
      (2)
Sub-paragraph (1) does not affect any power of the Commission to
make recommendations or give advice under section 10(1)(e) in
25
other cases (whether arising under this Schedule or otherwise).”
Schedule 14
Section 144

Abolition of Royal Parks Constabulary: Supplementary
Part 1
Transfers to Metropolitan Police Authority
30
Interpretation
1
In this Part of this Schedule—
“the Authority” means the Metropolitan Police Authority, and
“transfer scheme” means a scheme made by the Secretary of State under
this Schedule.
35
Establishment of eligibility for transfer
2
The Secretary of State may by regulations impose requirements in relation to
persons serving as park constables with the Royal Parks Constabulary for
the purpose of establishing whether they are eligible—
(a)
to be employed by the Authority, or
40

Serious Organised Crime and Police Bill
Schedule 14 — Abolition of Royal Parks Constabulary: Supplementary
Part 1 — Transfers to Metropolitan Police Authority
211

(b)
to serve as a members of the police force for the metropolitan police
district.
3     (1)
The Secretary of State may terminate the Crown employment of any person
who fails to comply with or satisfy any requirement imposed in relation to
him by regulations made under paragraph 2.
5
      (2)
A person whose Crown employment is terminated under sub-paragraph (1)
is not to be treated (whether for the purposes of any enactment or otherwise)
as being dismissed by virtue of that termination.
Relevant persons
4     (1)
A transfer scheme may provide for any relevant person to become an
10
employee of the Authority on the appointed day.
      (2)
The scheme may make provision—
(a)
for the termination of the relevant person’s Crown employment on
the appointed day,
(b)
as to the terms and conditions which are to have effect as the terms
15
and conditions of the relevant person’s contract of employment with
the Authority,
(c)
transferring to the Authority the rights, powers, duties and liabilities
of the employer under or in connection with the relevant person’s
Crown employment,
20
(d)
for things done before the appointed day by or in relation to the
employer in respect of the relevant person or his Crown employment
to be treated from that day as having been done by or in relation to
the Authority,
(e)
for the period during which the relevant person has been in Crown
25
employment to count as a period of employment with the Authority
(and for the operation of the transfer scheme not to be treated as
having interrupted the continuity of that employment), and
(f)
for the termination of the Crown employment of a relevant person
who would otherwise be transferred by the scheme but who has
30
informed the Secretary of State that he does not wish to be so
transferred.
      (3)
The scheme may provide for a person who would be treated (whether by an
enactment or otherwise) as being dismissed by the operation of the scheme
not to be so treated.
35
5     (1)
A transfer scheme may provide for the appointment as a member of the
police force for the metropolitan police district of any relevant person who
becomes an employee of the Authority by virtue of the scheme.
      (2)
The appointment does not take effect until the person has been attested as a
constable for the metropolitan police district in accordance with section 29
40
of the Police Act 1996 (c. 16).
      (3)
On being so attested his contract of employment with the Authority is
terminated by virtue of this sub-paragraph.
      (4)
He is not to be treated (whether for the purposes of any enactment or
otherwise) as being dismissed by virtue of the operation of sub-paragraph
45
(3).

Serious Organised Crime and Police Bill
Schedule 14 — Abolition of Royal Parks Constabulary: Supplementary
Part 2 — Amendments
212

Property, rights and liabilities, etc.
6     (1)
The transfer scheme may provide for the transfer of property, rights and
liabilities of the Secretary of State to the Authority on the appointed day.
      (2)
The scheme may include provision for anything (including any legal
proceedings) which relates to anything transferred by virtue of sub-
5
paragraph (1) to be continued from the appointed day by or in relation to the
Authority.
Termination of employment
7
The Secretary of State may by regulations make provision as to the
consequences of the termination of a person’s Crown employment under
10
paragraph 3(1) or by a transfer scheme (including provision removing any
entitlement to compensation which might otherwise arise in such
circumstances).
Part 2
Amendments
15
Royal Parks (Trading) Act 2000 (c. 13)
8
In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after
subsection (3) add—
“(4)
In the application of this section to a specified park—
(a)
the reference in subsection (1) to a park constable has effect as
20
a reference to a constable, and
(b)
subsections (2) and (3) do not apply.
(5)
In subsection (4) “specified park” has the same meaning as in section
145 of the Serious Organised Crime and Police Act 2005.”
Regulation of Investigatory Powers Act 2000 (c. 23)
25
9
In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant
authorities) omit paragraph 27D and the cross-heading before it.
Police Reform Act 2002 (c. 30)
10
The Police Reform Act 2002 has effect subject to the following amendments.
11    (1)
Section 82 (police nationality requirements) is amended as follows.
30
      (2)
In subsection (1)—
(a)
at the end of paragraph (e) insert “or”, and
(b)
omit paragraph (f).
      (3)
In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks
Constabulary” substitute “or the Civil Nuclear Constabulary”.
35
      (4)
Omit subsection (5).
12    (1)
Schedule 4 (powers exercisable by police civilians) is amended as follows.

Serious Organised Crime and Police Bill
Schedule 15 — Amendments of Part 5 of Police Act 1997
213

      (2)
In paragraph 2(6) after paragraph (aa) insert—
“(ab)
an offence committed in a specified park which by virtue
of section 2 of the Parks Regulation (Amendment) Act 1926
is an offence against the Parks Regulation Act 1872; or”.
      (3)
After paragraph 7 insert—
5
“Park Trading offences
7A    (1)
This paragraph applies if—
(a)
a designation applies it to any person (“the CSO”), and
(b)
the CSO has under paragraph 2(3) required another person
(“P”) to wait with him for the arrival of a constable.
10
      (2)
If the CSO reasonably suspects that P has committed a park
trading offence, the CSO may take possession of anything of a
non-perishable nature which—
(a)
P has in his possession or under his control, and
(b)
the CSO reasonably believes to have been used in the
15
commission of the offence.
      (3)
The CSO may retain possession of the thing in question for a
period not exceeding 30 minutes unless P makes an election under
paragraph 2(4), in which case the CSO may retain possession of
the thing in question until he is able to transfer control of it to a
20
constable.
      (4)
In this paragraph “park trading offence” means an offence
committed in a specified park which is a park trading offence for
the purposes of the Royal Parks (Trading) Act 2000.”
      (4)
In paragraph 36 after sub-paragraph (3) insert—
25
   “(3A)
In this Schedule “specified park” has the same meaning as in
section 145 of the Serious Organised Crime and Police Act 2005.”
Schedule 15
Section 146

Amendments of Part 5 of Police Act 1997
1
Part 5 of the Police Act 1997 (certificates of criminal records etc.) is amended
30
as follows.
2
In section 114(3) for “Section 113(3) to (5)” substitute “Sections 113A(3) to (6)
and 113C to 113F”.
3
In section 116—
(a)
in the application to Scotland of subsection (2)(b) for “to which
35
subsection (3) or (4) of section 115 applies” substitute “of such
description as may be prescribed”;
(b)
in subsection (3) for “Section 115(6) to (10)” substitute “Sections
113B(3) to (11) and 113C to 113F”.
4
In section 119—
40