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Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

269

 

is reasonably practicable after doing so, make a severity

assessment in relation to the conduct of the person concerned to

which the investigation relates.

      (3)  

The person investigating a recordable conduct matter must make

a severity assessment in relation to the conduct to which the

5

investigation relates—

(a)   

as soon as is reasonably practicable after his appointment

or designation, or

(b)   

in the case of a matter recorded in accordance with

paragraph 21A(5) or 24B(2), as soon as is reasonably

10

practicable after it is so recorded.

      (4)  

For the purposes of this paragraph a “severity assessment”, in

relation to conduct, means an assessment as to—

(a)   

whether the conduct, if proved, would amount to

misconduct or gross misconduct, and

15

(b)   

if the conduct were to become the subject of disciplinary

proceedings, the form which those proceedings would be

likely to take.

      (5)  

An assessment under this paragraph may only be made after

consultation with the appropriate authority.

20

      (6)  

On completing an assessment under this paragraph, the person

investigating the complaint or matter must give a notification to

the person concerned that complies with sub-paragraph (7).

      (7)  

The notification must—

(a)   

give the prescribed information about the results of the

25

assessment;

(b)   

give the prescribed information about the effect of

paragraph 19B and of regulations under paragraph 19C;

(c)   

set out the prescribed time limits for providing the person

investigating the complaint or matter with relevant

30

statements and relevant documents respectively for the

purposes of paragraph 19B(2);

(d)   

give such other information as may be prescribed.

      (8)  

Sub-paragraph (6) does not apply for so long as the person

investigating the complaint or matter considers that giving the

35

notification might prejudice—

(a)   

the investigation, or

(b)   

any other investigation (including, in particular, a criminal

investigation).

      (9)  

Where the person investigating a complaint or matter has made a

40

severity assessment and considers it appropriate to do so, the

person may revise the assessment.

     (10)  

On revising a severity assessment, the person investigating the

complaint or matter must notify the prescribed information about

the revised assessment to the person concerned.

45

     (11)  

In this paragraph and paragraphs 19B to 19D—

“the person concerned”—

 
 

Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

270

 

(a)   

in relation to an investigation of a complaint, means

the person in respect of whom it appears to the person

investigating that there is the indication mentioned in

paragraph 19A(1);

(b)   

in relation to an investigation of a recordable conduct

5

matter, means the person to whose conduct the

investigation relates;

“relevant document”—

(a)   

means a document relating to any complaint or

matter under investigation, and

10

(b)   

includes such a document containing suggestions as

to lines of inquiry to be pursued or witnesses to be

interviewed;

“relevant statement” means an oral or written statement

relating to any complaint or matter under investigation.

15

Duty to consider submissions from person whose conduct is being investigated

19B   (1)  

This paragraph applies to—

(a)   

an investigation of a complaint that has been certified

under paragraph 19A(1) as one subject to special

requirements, or

20

(b)   

an investigation of a recordable conduct matter.

      (2)  

If before the expiry of the appropriate time limit notified in

pursuance of paragraph 19A(7)(c)—

(a)   

the person concerned provides the person investigating

the complaint or matter with a relevant statement or a

25

relevant document, or

(b)   

any person of a prescribed description provides that

person with a relevant document,

           

that person must consider the statement or document.

Interview of person whose conduct is being investigated

30

19C   (1)  

The Secretary of State may by regulations make provision as to the

procedure to be followed in connection with any interview of the

person concerned which is held during the course of an

investigation within paragraph 19B(1)(a) or (b) by the person

investigating the complaint or matter.

35

      (2)  

Regulations under this paragraph may, in particular, make

provision—

(a)   

for determining how the time at which an interview is to

be held is to be agreed or decided,

(b)   

about the information that must be provided to the person

40

being interviewed,

(c)   

for enabling that person to be accompanied at the

interview by a person of a prescribed description.

Duty to provide certain information to appropriate authority

19D   (1)  

This paragraph applies during the course of an investigation

45

within paragraph 19B(1)(a) or (b).

 
 

Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

271

 

      (2)  

The person investigating the complaint or matter must supply the

appropriate authority with such information in that person’s

possession as the authority may reasonably request for the

purpose mentioned in sub-paragraph (3).

      (3)  

That purpose is determining, in accordance with regulations

5

under section 50 or 51 of the 1996 Act, whether the person

concerned should be, or should remain, suspended—

(a)   

from office as constable, and

(b)   

where that person is a member of a police force, from

membership of that force.”

10

4     (1)  

Paragraph 20A (accelerated procedure in special cases) is amended as

follows.

      (2)  

In sub-paragraph (1) (application of paragraph) for “a person appointed or

designated to investigate” substitute “the person investigating”.

      (3)  

In sub-paragraph (6) (investigation to continue after submission of report)

15

for “appointed or designated to investigate” substitute “investigating”.

      (4)  

In sub-paragraph (7) (definition of special conditions)—

(a)   

for paragraphs (a) and (b) substitute—

“(a)   

there is sufficient evidence, in the form of written

statements or other documents, to establish on the

20

balance of probabilities that conduct to which the

investigation relates constitutes gross

misconduct;”;

(b)   

in paragraph (c), for “is the subject matter of the investigation”

substitute “it is”.

25

      (5)  

Omit sub-paragraph (8) (interpretation).

5     (1)  

Paragraph 20B (investigations managed or carried out by Commission:

action by appropriate authority) is amended as follows.

      (2)  

For sub-paragraphs (3) and (4) (action to be taken where special conditions

are satisfied) substitute—

30

    “(3)  

If the appropriate authority determines that the special conditions

are satisfied then, unless it considers that the circumstances are

such as to make it inappropriate to do so, it shall—

(a)   

certify the case as a special case for the purposes of

regulations under section 50(3) or 51(2A) of the 1996 Act;

35

and

(b)   

take such steps as are required by those regulations in

relation to a case so certified.”

      (3)  

Omit sub-paragraph (5) (appropriate authority to notify DPP if special

conditions are satisfied).

40

6          

In paragraph 20D(2) (action by Commission on receipt of memorandum) for

“appointed under paragraph 18 or designated under paragraph 19”

substitute “investigating the complaint or matter”.

7     (1)  

Paragraph 20E (other investigations: action by appropriate authority) is

amended as follows.

45

 
 

Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

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      (2)  

For sub-paragraphs (3) and (4) (action to be taken where special conditions

are satisfied) substitute—

    “(3)  

If the appropriate authority determines that the special conditions

are satisfied then, unless it considers that the circumstances are

such as to make it inappropriate to do so, it shall—

5

(a)   

certify the case as a special case for the purposes of

regulations under section 50(3) or 51(2A) of the 1996 Act;

and

(b)   

take such steps as are required by those regulations in

relation to a case so certified.”

10

      (3)  

Omit sub-paragraph (5) (appropriate authority to notify DPP if special

conditions are satisfied).

      (4)  

In sub-paragraph (7) (appropriate authority to notify person investigating if

special conditions are not satisfied) for “appointed under paragraph 16 or

17” substitute “investigating the complaint or matter”.

15

8          

Omit paragraph 20G (special cases: Director of Public Prosecutions) and the

cross heading immediately preceding it.

9     (1)  

Paragraph 21A (procedure where conduct matter is revealed in course of

investigation of DSI matter) is amended as follows.

      (2)  

In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit

20

the words from “(and the other provisions” to the end.

      (3)  

After sub-paragraph (5) insert—

    “(6)  

Where a DSI matter is recorded under paragraph 11 as a conduct

matter by virtue of sub-paragraph (5)—

(a)   

the person investigating the DSI matter shall (subject to

25

any determination made by the Commission under

paragraph 15(5)) continue the investigation as if appointed

or designated to investigate the conduct matter, and

(b)   

the other provisions of this Schedule shall apply in relation

to that matter accordingly.”

30

10    (1)  

Paragraph 22 (final reports on investigations) is amended as follows.

      (2)  

In subsection (1) (cases where paragraph 22 applies)—

(a)   

after paragraph (a) insert “or”;

(b)   

omit paragraph (c).

      (3)  

In subsection (4) (meaning of appropriate authority in the case of a conduct

35

matter which was formerly a DSI matter) for the words from “a DSI matter”

to “or (4)” substitute “a matter that was formerly a DSI matter but has been

recorded as a conduct matter in pursuance of paragraph 21A(5)”.

      (4)  

At the end insert—

    “(7)  

The Secretary of State may by regulations make provision

40

requiring a report on an investigation within paragraph 19B(1)(a)

or (b)—

(a)   

to include such matters as are specified in the regulations;

(b)   

to be accompanied by such documents or other items as

are so specified.

45

 
 

Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

273

 

      (8)  

A person who has submitted a report under this paragraph on an

investigation within paragraph 19B(1)(a) or (b) must supply the

appropriate authority with such copies of further documents or

other items in that person’s possession as the authority may

request.

5

      (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

10

(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

15

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.”

20

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

25

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

30

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.

35

     (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

40

(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

45

appropriate authority that it must—

 
 

Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

274

 

(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

of misconduct or gross misconduct or has no case

5

to answer, and

(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

10

its discretion take in respect of those matters.”

      (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

15

(b)   

if the appropriate authority has decided in relation to any

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)

20

for “is proposing to take the action” substitute “has made the determinations

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)—

25

(a)   

for paragraph (a) substitute—

“(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

30

conditions are so satisfied”;

(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

35

paragraph (b).”

      (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.

40

     (2B)  

The second condition is that—

(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

45

(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”.

 
 

Criminal Justice and Immigration Bill
Schedule 29 — Investigation of complaints of police misconduct etc.

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      (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

shall also notify the Commission of its determination under sub-

paragraph (2)(a).

5

     (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

10

(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

15

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

20

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

25

(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.”

30

      (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—

35

“(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”.

40

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.

45

 
 

 
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