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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

198

 

(h)   

arrangements for ensuring that persons on HSS premises are aware

of the offence in paragraph 1 and the powers of removal in

paragraph 2, or

(i)   

the keeping of records.

      (3)  

Before publishing guidance under this paragraph, the Department of

5

Health, Social Services and Public Safety must consult such persons as the

Department considers appropriate.

      (4)  

An HSS trust and an authorised officer must have regard to any guidance

published under this paragraph when exercising functions under, or in

connection with, paragraph 2.

10

      (5)  

In this paragraph—

“authorised officer” has the same meaning as in paragraph 2, and

“HSS premises”, “HSS staff member” and “HSS trust” have the same

meaning as in paragraph 1.

Schedule 19

15

Section 111

 

Police misconduct and performance procedures

Part 1

Amendments to the Police Act 1996

1          

The Police Act 1996 (c. 16) has effect subject to the following amendments.

General duty of Secretary of State

20

2          

In section 36(2)(d) (general duty of Secretary of State) for “section 85”

substitute “sections 84 and 85”.

Regulations for police forces

3     (1)  

Section 50 (regulations for police forces) is amended as follows.

      (2)  

For subsection (3) substitute—

25

“(3)   

Without prejudice to the powers conferred by this section,

regulations under this section shall—

(a)   

establish, or

(b)   

make provision for the establishment of,

   

procedures for the taking of disciplinary proceedings in respect of

30

the conduct, efficiency and effectiveness of members of police forces,

including procedures for cases in which such persons may be dealt

with by dismissal.”

      (3)  

In subsection (4) omit “, subject to subsection (3)(b),”.

Regulations for special constables

35

4     (1)  

Section 51 (regulations for special constables) is amended as follows.

 

 

Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

199

 

      (2)  

In subsection (2)(ba) (conduct of special constables) after “conduct” insert “,

efficiency and effectiveness”.

      (3)  

After subsection (2) insert—

“(2A)   

Without prejudice to the powers conferred by this section,

regulations under this section shall—

5

(a)   

establish, or

(b)   

make provision for the establishment of,

   

procedures for the taking of disciplinary proceedings in respect of

the conduct, efficiency and effectiveness of special constables,

including procedures for cases in which such persons may be dealt

10

with by dismissal.”

Police Federations

5          

In section 59(3) (representation only by another member of a police force

except in certain circumstances) for “provided by” substitute “provided in

regulations made in accordance with”.

15

Police Advisory Board

6     (1)  

Section 63(3) (supply of draft regulations to the Police Advisory Board) is

amended as follows.

      (2)  

In paragraph (a), for “regulations under section 50 or 52” substitute

“regulations or rules under section 50, 52, 84 or 85”.

20

      (3)  

After “a draft of the regulations” insert “or rules”.

Representation at disciplinary and other proceedings

7          

For section 84 substitute—

“84     

Representation etc. at disciplinary and other proceedings

(1)   

The Secretary of State shall by regulations make provision for or in

25

connection with—

(a)   

enabling the officer concerned or a relevant authority to be

represented in proceedings conducted under regulations

made in pursuance of section 50(3) or section 51(2A);

(b)   

enabling the panel conducting such proceedings to receive

30

advice from counsel or a solicitor or another person falling

within any prescribed description of persons.

(2)   

Regulations under this section may in particular make provision—

(a)   

specifying the circumstances in which the officer concerned

or a relevant authority is entitled to be legally represented (by

35

counsel or a solicitor);

(b)   

specifying the circumstances in which the officer concerned

or a relevant authority is entitled to be represented by a

person (other than counsel or a solicitor) who falls within any

prescribed description of persons;

40

(c)   

for securing that—

(i)   

a relevant authority may be legally represented, and

 

 

Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

200

 

(ii)   

the panel conducting the proceedings may receive

advice from counsel or a solicitor,

   

whether or not the officer concerned is legally represented.

(3)   

Without prejudice to the powers conferred by this section,

regulations under this section shall, in relation to cases where the

5

officer concerned is entitled to legal or other representation, make

provision—

(a)   

for securing that the officer is notified of his right to such

representation;

(b)   

specifying when the officer is to be so notified;

10

(c)   

for securing that proceedings at which the officer may be

dismissed are not to take place unless the officer has been

notified of his right to such representation.

(4)   

In this section—

“the officer concerned”, in relation to proceedings within

15

subsection (1)(a), means the member of a police force or

special constable to whom the proceedings relate;

“the panel”, in relation to proceedings within subsection (1)(a),

means the panel of persons, or the person, prescribed for the

purpose of conducting the proceedings;

20

“prescribed” means prescribed by regulations under this

section;

“relevant authority” means—

(a)   

where the officer concerned is a member of a police

force (other than a senior officer), or a special

25

constable, the chief officer of police of the police force

of which the officer is a member, or for which the

officer is appointed as a special constable;

(b)   

where the officer concerned is a senior officer, the

police authority for the police force of which the

30

officer is a member;

“senior officer” means a member of a police force holding a rank

above that of chief superintendent.

(5)   

But in prescribed circumstances “relevant authority” also includes

the Independent Police Complaints Commission.

35

(6)   

Regulations under this section may make different provision for

different cases and circumstances.

(7)   

A statutory instrument containing regulations under this section

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

40

Appeals against dismissal etc.

8     (1)  

Section 85 (appeals against dismissal etc.) is amended as follows.

      (2)  

For subsections (1) and (2) substitute—

“(1)   

The Secretary of State shall by regulations make provision specifying

the cases in which a member of a police force or a special constable

45

may appeal to a police appeals tribunal.

 

 

Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

201

 

(2)   

A police appeals tribunal may, on the determination of an appeal

under this section, make an order dealing with the appellant in any

way in which he could have been dealt with by the person who made

the decision appealed against.”

      (3)  

For subsection (4) substitute—

5

“(4)   

Rules made under this section may, in particular, make provision—

(a)   

for enabling a police appeals tribunal, in such circumstances

as are specified in the rules, to determine a case without a

hearing;

(b)   

for the appellant or the respondent to be entitled, in a case

10

where there is a hearing, to be represented—

(i)   

by counsel or a solicitor, or

(ii)   

by a person who falls within any description of

persons prescribed by the rules;

(c)   

for enabling a police appeals tribunal to require any person to

15

attend a hearing to give evidence or to produce documents,

   

and rules made in pursuance of paragraph (c) may apply subsections

(2) and (3) of section 250 of the Local Government Act 1972 with such

modifications as may be set out in the rules.

(4A)   

Regulations or rules under this section may make different provision

20

for different cases and circumstances.”

      (4)  

After subsection (5) insert—

“(5A)   

A statutory instrument containing regulations under this section

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

25

Guidance concerning disciplinary proceedings etc.

9     (1)  

Section 87 (guidance concerning disciplinary proceedings etc.) is amended

as follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Secretary of State may issue relevant guidance to—

30

(a)   

police authorities,

(b)   

chief officers of police,

(c)   

other members of police forces, and

(d)   

special constables.

(1ZA)   

“Relevant guidance” is guidance as to the discharge of functions

35

under regulations under section 50 or 51 in relation to the matters

mentioned in section 50(2)(e) or 51(2)(ba).”

      (3)  

In subsection (1A), after “section 50” insert “or 51”.

      (4)  

In subsection (5), after “section 50” insert “or 51”.

Police officers engaged on service outside their force

40

10    (1)  

Section 97 (police officers engaged on service outside their force) is amended

as follows.

 

 

Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

202

 

      (2)  

In subsection (6)—

(a)   

in paragraph (b), omit “or is required to resign as an alternative to

dismissal”;

(b)   

in paragraph (c), omit “or is required to resign as an alternative to

dismissal”.

5

      (3)  

In subsection (7), omit “, or required to resign as an alternative to dismissal,”.

Police Appeals Tribunals

11    (1)  

Schedule 6 (appeals to police appeals tribunals) is amended as follows.

      (2)  

In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c)

substitute—

10

“(b)   

one shall be Her Majesty’s Chief Inspector of Constabulary

appointed under section 54(1) or one of Her Majesty’s

Inspectors of Constabulary nominated by the Chief

Inspector, and

(c)   

one shall be the permanent secretary to the Home Office or

15

a Home Office director nominated by the permanent

secretary.”

      (3)  

In paragraph 2 (appeals by other members of police forces) for sub-

paragraph (1) substitute—

    “(1)  

In the case of an appeal by a member of a police force (other than

20

a senior officer) or a special constable, the police appeals tribunal

shall consist of four members appointed by the relevant police

authority, of whom—

(a)   

one shall be a person chosen from the list referred to in

paragraph 1(1)(a),

25

(b)   

one shall be a senior officer,

(c)   

one shall be a member of the relevant police authority, and

(d)   

one shall be a retired member of a police force who, at the

time of his retirement, was a member of an appropriate

staff association.”

30

      (4)  

Omit paragraph 6 (hearings).

      (5)  

In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—

    “(1)  

Where on the determination of an appeal the tribunal makes such

an order as is mentioned in section 85(2), the order shall take

effect—

35

(a)   

by way of substitution for the decision appealed against,

and

(b)   

as from the date of that decision.”

      (6)  

In paragraph 10 (interpretation)—

(a)   

for sub-paragraph (b) substitute—

40

    “(b)  

“the relevant police authority” means the police authority

which maintains—

(i)   

the police force of which the appellant is a member,

or

 

 

Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 2 — Amendments to the Ministry of Defence Police Act 1987

203

 

(ii)   

the police force for the area for which the appellant

is appointed as a special constable,

           

as the case may be.”

(b)   

for sub-paragraph (c) substitute—

    “(c)  

“appropriate staff association” means—

5

(i)   

where the appellant was, immediately before the

proceedings from which the appeal is brought, of

the rank of chief superintendent or superintendent,

the Police Superintendents’ Association of England

and Wales; and

10

(ii)   

in any other case, the Police Federation of England

and Wales.”

Part 2

Amendments to the Ministry of Defence Police Act 1987

12         

The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the

15

following amendments.

Defence Police Federation

13         

In section 3(4) (representation of a member of the Ministry of Defence Police

by the Federation) for “on an appeal to the Secretary of State or as provided

by” substitute “as provided in regulations made under”.

20

Regulations relating to disciplinary matters

14    (1)  

Section 3A (regulations relating to disciplinary matters) is amended as

follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Secretary of State may make regulations with respect to—

25

(a)   

the conduct of members of the Ministry of Defence Police and

the maintenance of discipline;

(b)   

the suspension from duty of members of the Ministry of

Defence Police.

(1A)   

Without prejudice to the powers conferred by subsection (1),

30

regulations under this section shall—

(a)   

establish, or

(b)   

make provision for the establishment of,

   

procedures for the taking of disciplinary proceedings in respect of

the conduct of members of the Ministry of Defence Police, including

35

procedures for cases in which such persons may be dealt with by

dismissal.”

      (3)  

For subsection (2) substitute—

“(2)   

The regulations may provide for decisions which would otherwise

fall to be taken by the Secretary of State or the chief constable of the

40

Ministry of Defence Police to be taken instead by—

(a)   

a person appointed in accordance with the regulations; or

 

 

Criminal Justice and Immigration Bill
Schedule 19 — Police misconduct and performance procedures
Part 2 — Amendments to the Ministry of Defence Police Act 1987

204

 

(b)   

the Ministry of Defence Police Committee.”

Representation etc. at disciplinary proceedings

15         

For section 4 substitute—

“4      

Representation etc. at disciplinary proceedings

(1)   

The Secretary of State shall by regulations make provision for or in

5

connection with—

(a)   

enabling the officer concerned or the relevant authority to be

represented in proceedings conducted under regulations

made in pursuance of section 3A;

(b)   

enabling the panel conducting such proceedings to receive

10

advice from a relevant lawyer or another person falling

within any prescribed description of persons.

(2)   

Regulations under this section may in particular make provision—

(a)   

specifying the circumstances in which the officer concerned

or the relevant authority is entitled to be represented by a

15

relevant lawyer;

(b)   

specifying the circumstances in which the officer concerned

or the relevant authority is entitled to be represented by a

person (other than a relevant lawyer) who falls within any

prescribed description of persons;

20

(c)   

for securing that—

(i)   

the relevant authority may be legally represented,

and

(ii)   

the panel conducting the proceedings may receive

advice from a relevant lawyer,

25

   

whether or not the officer concerned is legally represented.

(3)   

Without prejudice to the powers conferred by this section,

regulations under this section shall, in relation to cases where the

officer concerned is entitled to legal or other representation, make

provision—

30

(a)   

for securing that the officer is notified of his right to such

representation;

(b)   

specifying when the officer is to be so notified;

(c)   

for securing that proceedings at which the officer may be

dismissed are not to take place unless the officer has been

35

notified of his right to such representation.

(4)   

In this section—

“the officer concerned”, in relation to proceedings within

subsection (1)(a), means the member of the Ministry of

Defence Police to whom the proceedings relate;

40

“the panel”, in relation to proceedings within subsection (1)(a),

means the panel of persons, or the person, prescribed for the

purpose of conducting the proceedings;

“prescribed” means prescribed by regulations under this

section;

45

“relevant authority” means—

 

 

 
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