Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

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Schedule 29 — Investigation of complaints of police misconduct etc.
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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”—

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(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).

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      (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

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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

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      (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—

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(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”.

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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