Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 20 — Investigation of complaints of police misconduct etc.
216

      (9)
The appropriate authority may only make a request under sub-
paragraph (8) in respect of a copy of a document or other item if
the authority—
(a)
considers that the document or item is of relevance to the
investigation, and
5
(b)
requires a copy of the document or the item for either or
both of the purposes mentioned in sub-paragraph (10).
     (10)
Those purposes are—
(a)
complying with any obligation under regulations under
section 50(3) or 51(2A) of the 1996 Act which the authority
10
has in relation to any person to whose conduct the
investigation related;
(b)
ensuring that any such person receives a fair hearing at any
disciplinary proceedings in respect of any such conduct of
his.”
15
11    (1)
Paragraph 23 (action by Commission in response to investigation report) is
amended as follows.
      (2)
In sub-paragraph (2) (action to be taken on receipt of report)—
(a)
for paragraph (b) substitute—
“(b)
shall determine whether the conditions set out in
20
sub-paragraphs (2A) and (2B) are satisfied in
respect of the report;”;
(b)
in paragraph (c), for “the report does so indicate” substitute “those
conditions are so satisfied”;
(c)
in paragraph (d), after “appropriate authority” insert “and the
25
persons mentioned in sub-paragraph (5)”.
      (3)
After sub-paragraph (2) insert—
   “(2A)
The first condition is that the report indicates that a criminal
offence may have been committed by a person to whose conduct
the investigation related.
30
     (2B)
The second condition is that—
(a)
the circumstances are such that, in the opinion of the
Commission, it is appropriate for the matters dealt with in
the report to be considered by the Director of Public
Prosecutions, or
35
(b)
any matters dealt with in the report fall within any
prescribed category of matters.”
      (4)
In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”.
      (5)
For sub-paragraphs (6) and (7) substitute—
    “(6)
On receipt of the report, the Commission shall also notify the
40
appropriate authority that it must—
(a)
in accordance with regulations under section 50 or 51 of
the 1996 Act, determine—
(i)
whether any person to whose conduct the
investigation related has a case to answer in respect
45
of misconduct or gross misconduct or has no case
to answer, and

Criminal Justice and Immigration Bill
Schedule 20 — Investigation of complaints of police misconduct etc.
217

(ii)
what action (if any) the authority is required to, or
will in its discretion, take in respect of the matters
dealt with in the report, and
(b)
determine what other action (if any) the authority will in
its discretion take in respect of those matters.”
5
      (7)
On receipt of a notification under sub-paragraph (6) the
appropriate authority shall make those determinations and
submit a memorandum to the Commission which—
(a)
sets out the determinations the authority has made, and
(b)
if the appropriate authority has decided in relation to any
10
person to whose conduct the investigation related that
disciplinary proceedings should not be brought against
that person, sets out its reasons for so deciding.”
      (6)
In sub-paragraph (8)(a) (action by Commission on receipt of memorandum)
for “is proposing to take the action” substitute “has made the determinations
15
under sub-paragraph (7)(a)”.
12    (1)
Paragraph 24 (action by the appropriate authority in response to
investigation report) is amended as follows.
      (2)
In sub-paragraph (2) (action to be taken on receipt of report)—
(a)
for paragraph (a) substitute—
20
“(a)
shall determine whether the conditions set out in
sub-paragraphs (2A) and (2B) are satisfied in
respect of the report;”;
(b)
in paragraph (b), for “the report does so indicate” substitute “those
conditions are so satisfied”;
25
(c)
after paragraph (b) insert “and
(c)
shall notify the persons mentioned in sub-
paragraph (5) of its determination under
paragraph (a) and of any action taken by it under
paragraph (b).”
30
      (3)
After sub-paragraph (2) insert—
   “(2A)
The first condition is that the report indicates that a criminal
offence may have been committed by a person to whose conduct
the investigation related.
     (2B)
The second condition is that—
35
(a)
the circumstances are such that, in the opinion of the
appropriate authority, it is appropriate for the matters
dealt with in the report to be considered by the Director of
Public Prosecutions, or
(b)
any matters dealt with in the report fall within any
40
prescribed category of matters.”
      (4)
In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”.
      (5)
After sub-paragraph (5) insert—
   “(5A)
In the case of a report falling within sub-paragraph (1)(b) which
relates to a recordable conduct matter, the appropriate authority
45
shall also notify the Commission of its determination under sub-
paragraph (2)(a).

Criminal Justice and Immigration Bill
Schedule 20 — Investigation of complaints of police misconduct etc.
218

     (5B)
On receipt of such a notification that the appropriate authority has
determined that the conditions in sub-paragraphs (2A) and (2B)
are not satisfied in respect of the report, the Commission—
(a)
shall make its own determination as to whether those
conditions are so satisfied, and
5
(b)
if it determines that they are so satisfied, shall direct the
appropriate authority to notify the Director of Public
Prosecutions of the Commission’s determination and to
send the Director a copy of the report.
     (5C)
It shall be the duty of the appropriate authority to comply with
10
any direction given to it under sub-paragraph (5B).”
      (6)
For sub-paragraph (6) substitute—
    “(6)
On receipt of the report or (as the case may be) copy, the
appropriate authority shall also—
(a)
in accordance with regulations under section 50 or 51 of
15
the 1996 Act, determine—
(i)
whether any person to whose conduct the
investigation related has a case to answer in respect
of misconduct or gross misconduct or has no case
to answer, and
20
(ii)
what action (if any) the authority is required to, or
will in its discretion, take in respect of the matters
dealt with in the report, and
(b)
determine what other action (if any) the authority will in
its discretion take in respect of those matters.”
25
      (7)
In sub-paragraph (7) (appropriate authority to give notice on making a
determination under sub-paragraph (6)) for “a determination” substitute
“the determinations”.
      (8)
In sub-paragraph (8) (contents of notification authority is required to give of
its determination) for paragraphs (b) and (c) substitute—
30
“(b)
the determinations the authority has made under sub-
paragraph (6);”.
13
In paragraph 24A(2) (final reports on investigations into other DSI matters:
obligation to submit report) for the words from “A person appointed” to
“paragraph 19” substitute “The person investigating”.
35
14    (1)
Paragraph 24B (action in response to a report on a DSI matter) is amended
as follows.
      (2)
In sub-paragraph (2) (circumstances in which appropriate authority must
record matter as a conduct matter) omit the words from “(and the other
provisions” to the end.
40
      (3)
After sub-paragraph (2) insert—
    “(3)
Where a DSI matter is recorded under paragraph 11 as a conduct
matter by virtue of sub-paragraph (2)—
(a)
the person investigating the DSI matter shall (subject to
any determination made by the Commission under
45
paragraph 15(5)) investigate the conduct matter as if
appointed or designated to do so, and

Criminal Justice and Immigration Bill
Schedule 20 — Investigation of complaints of police misconduct etc.
219

(b)
the other provisions of this Schedule shall apply in relation
to that matter accordingly.”
15    (1)
Paragraph 25 (appeals to Commission with respect to an investigation) is
amended as follows.
      (2)
In sub-paragraph (2) (rights of appeal)—
5
(a)
for paragraph (a)(ii) substitute—
“(ii)
about any determination of the appropriate
authority relating to the taking (or not
taking) of action in respect of any matters
dealt with in the report on the
10
investigation;”;
(b)
for paragraph (c) substitute—
“(ba)
a right of appeal against any determination by the
appropriate authority that a person to whose
conduct the investigation related has a case to
15
answer in respect of misconduct or gross
misconduct or has no case to answer;
(c)
a right of appeal against any determination by the
appropriate authority relating to the taking (or not
taking) of action in respect of any matters dealt
20
with in the report; and
(d)
a right of appeal against any determination by the
appropriate authority under paragraph 24(2)(a) as
a result of which it is not required to send the
Director of Public Prosecutions a copy of the
25
report;”.
      (3)
In sub-paragraph (3) (power of Commission to require appropriate
authority to submit memorandum on an appeal)—
(a)
before paragraph (a) insert—
“(za)
sets out whether the appropriate authority has
30
determined that a person to whose conduct the
investigation related has a case to answer in respect
of misconduct or gross misconduct or has no case
to answer;”;
(b)
for paragraphs (a) and (b) substitute—
35
“(a)
sets out what action (if any) the authority has
determined that it is required to or will, in its
discretion, take in respect of the matters dealt with
in the report;”;
(c)
in paragraph (c), for “any person whose conduct is the subject-matter
40
of the report” substitute “a person to whose conduct the
investigation related”;
(d)
after paragraph (c) insert “and
(d)
if the appropriate authority made a determination
under paragraph 24(2)(a) as a result of which it is
45
not required to send the Director of Public
Prosecutions a copy of the report, sets out the
reasons for that determination;”.
      (4)
In sub-paragraph (5) (determinations to be made by Commission on an
appeal)—
50

Criminal Justice and Immigration Bill
Schedule 20 — Investigation of complaints of police misconduct etc.
220

(a)
after “shall determine” insert “such of the following as it considers
appropriate in the circumstances”;
(b)
for paragraph (c) substitute—
“(c)
whether the appropriate authority—
(i)
has made such a determination as is
5
mentioned in sub-paragraph (3)(za) that the
Commission considers to be appropriate in
respect of the matters dealt with in the
report, and
(ii)
has determined that it is required to or will,
10
in its discretion, take the action (if any) that
the Commission considers to be so
appropriate; and
(d)
whether the conditions set out in paragraph 24(2A)
and (2B) are satisfied in respect of the report.”
15
      (5)
In sub-paragraph (9) (action to be taken by Commission when it determines
appropriate authority is not taking appropriate action) for “is not proposing
to take the action in consequence of” substitute “has not made a
determination as to whether there is a case for a person to whose conduct the
investigation related to answer that the Commission considers appropriate
20
or has not determined that it is required to or will, in its discretion, take the
action in respect of the matters dealt with in”.
      (6)
After sub-paragraph (9) insert—
   “(9A)
If, on an appeal under this paragraph, the Commission determines
that the conditions set out paragraph 24(2A) and (2B) are satisfied
25
in respect of the report, it shall direct the appropriate authority—
(a)
to notify the Director of Public Prosecutions of the
Commission’s determination, and
(b)
to send the Director a copy of the report.”
16    (1)
Paragraph 27 (duties with respect to disciplinary proceedings) is amended
30
as follows.
      (2)
In sub-paragraph (1) (application of paragraph) in each of paragraphs (a)
and (b), for “proposing to” substitute “required to or will, in its discretion,”.
      (3)
In sub-paragraph (3) (recommendations that may be made by Commission
in certain circumstances)—
35
(a)
before paragraph (a) insert—
“(za)
that the person has a case to answer in respect of
misconduct or gross misconduct or has no case to
answer in relation to his conduct to which the
investigation related;”;
40
(b)
for paragraph (a) substitute—
“(a)
that disciplinary proceedings of the form specified
in the recommendation are brought against that
person in respect of his conduct to which the
investigation related;”;
45
(c)
in paragraph (b), for “include such charges” substitute “deal with
such aspects of that conduct”.

Criminal Justice and Immigration Bill
Schedule 21 — Minor and consequential amendments
Part 1 — Fine defaulters
221

17
After paragraph 28 insert—
“Minor definitions
29
In this Part of this Schedule—
“gross misconduct” and “misconduct” have the meanings
given in regulations made by the Secretary of State;
5
“the person investigating”, in relation to a complaint,
recordable conduct matter or DSI matter, means the
person appointed or designated to investigate that
complaint or matter;
“prescribed” means prescribed by regulations made by the
10
Secretary of State.”
Schedule 21
Section 124

Minor and consequential amendments
Part 1
Fine defaulters
15
Magistrates’ Courts Act 1980 (c. 43)
1
In section 81(3) of the Magistrates’ Courts Act 1980 (enforcement of fines
imposed on young offenders) for paragraph (a) substitute—
“(a)
a youth default order under section 23 of the Criminal Justice
and Immigration Act 2008; or”.
20
Criminal Justice Act 2003 (c. 44)
2     (1)
The Criminal Justice Act 2003 is amended as follows.
      (2)
In section 221(2) (provision of attendance centres) after paragraph (b)
insert—
“(c)
default orders under section 300 of this Act, or
25
(d)
youth default orders under section 23 of the Criminal Justice
and Immigration Act 2008.”
      (3)
In section 300 (power to impose unpaid work requirement or curfew
requirement on fine defaulter)—
(a)
in subsection (1)—
30
(i)
for “16” substitute “18”, and
(ii)
omit paragraph (b), and
(b)
in subsection (2), omit from “or, as the case may be” to “young
offender)”.
      (4)
In Schedule 31 (modifications of community order provisions for purposes
35

Criminal Justice and Immigration Bill
Schedule 21 — Minor and consequential amendments
Part 2 — Other amendments
222

of default order) after paragraph 3 insert—
“Attendance centre requirement
3A
In its application to a default order, section 214(2) (attendance
centre requirement) is modified by the substitution for “not be less
than 12 or more than 36” of “be—
5
(a)
not less than 12, and
(b)
in the case of an amount in default which is specified in the
first column of the following Table, not more than the
number of hours set out opposite that amount in the
second column.
10

TABLE

Amount
Number of

hours

An amount not exceeding
18 hours

£200

15

An amount exceeding £200
21 hours

but not exceeding £500

An amount exceeding £500
24 hours

but not exceeding £1,000

An amount exceeding £1,000
30 hours

20

but not exceeding £2,500

An amount exceeding £2,500
36 hours”.”

      (5)
In paragraph 4(5)(a) of that Schedule (modifications of community order
provisions for purposes of default order) omit “, (5)”.
      (6)
In paragraph 5 of that Schedule, for “or 3” substitute “, 3 or 3A”.
25
Part 2
Other amendments
Wildlife and Countryside Act 1981 (c. 69)
3
In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables’
powers in connection with samples) for “by this section” substitute “by
30
section 19”.
Police and Criminal Evidence Act 1984 (c. 60)
4     (1)
In section 37B of the Police and Criminal Evidence Act 1984 (consultation
with the Director of Public Prosecutions) in subsection (9) (meaning of
caution)—
35
(a)
after paragraph (a) (and before the word “and” immediately