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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

 

 

 
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