Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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
202

(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
203

      (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
204

(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
205

(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
206

      (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
207

(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
208

(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—