House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15 February 2011
710

Police Reform and Social Responsibility Bill, continued


“A police and crime commissioner established under section 1 of

the Police Reform and Social Responsibility Act 2011.


The Mayor’s Office for Policing and Crime established under

section 3 of that Act.”.’.

Nick Herbert

ns6

To move the following Schedule:—

‘Police: complaints

Introduction

1
The Police Reform Act 2002 is amended in accordance with this Schedule.

Membership and proceedings of Independent Police Complaints Commission

2
In section 9(2)(b) (minimum number of members of Commission), for “ten”

substitute “five”.

3
In Schedule 2 (the Independent Police Complaints Commission), in paragraph

10 (proceedings), omit sub-paragraph (6).

Complaints about policing

4
Omit section 14 (direction and control matters).

5    (1)
In section 29(1) (interpretation of Part 2), in the definition of “conduct” in

subsection (1), for “and statements” substitute “, statements and decisions”.

      (2)
In Schedule 3 (handling of complaints and conduct matters), in paragraph 4

(reference of complaints to the Commission), after sub-paragraph (7) insert—

  “(8)
In a case where—

(a)
a complaint relates to a direction and control matter, and

(b)
there is no obligation under this paragraph for the

appropriate authority to refer the complaint to the

Commission,


the appropriate authority may refer the complaint to the

Commission under this paragraph only if the Commission

consents.”.

6
In consequence of paragraph 4—

(a)
in section 10 (general functions of the Commission), omit subsection

(8);

(b)
in section 13 (handling of complaints, conduct matters and DSI

matters etc), omit “subject to section 14(1)”.

Power of local policing body to direct chief officer of police to comply with obligations

7
In section 15 (general duties of local policing bodies, chief officers and

inspectors), after subsection (2) insert—

“(2A)
Subsection (2B) applies in a case where it appears to a local policing

body that—

Public Bill Committee: 15 February 2011
711

Police Reform and Social Responsibility Bill, continued

(a)
an obligation to act or refrain from acting has arisen by or

under this Part,

(b)
that obligation is an obligation of the chief officer of police of

the police force which is maintained by the local policing

body, and

(c)
the chief officer has not yet complied with that obligation, or

has contravened it.

(2B)
The local policing body may direct the chief officer to take such steps

as the local policing body thinks appropriate.

(2C)
The chief officer must comply with any direction given under

subsection (2B).”.

Initial handling and recording of complaints

8    (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 2

(initial handling and recording of complaints) is amended in accordance with

this paragraph.

      (2)
For sub-paragraph (1) substitute—

  “(1)
Where a complaint is made to the Commission, it shall give

notification of the complaint to the appropriate authority.

    (1A)
But the Commission need not give that notification if the

Commission considers that there are exceptional circumstances that

justify its not being given”.

      (3)
Omit sub-paragraph (4).

      (4)
In sub-paragraph (5)—

(a)
in the words before sub-paragraph (a)—

(i)
omit the words from “or the Commission” to “sub-paragraph

(4)”;

(ii)
omit “or, as the case may be, the Commission”;

(b)
omit sub-paragraph (b) (and the word “or” preceding it).

      (5)
After sub-paragraph (7) insert—

  “(8)
Nothing in this paragraph shall require the recording by any person

of any complaint about any conduct if that person considers that the

complaint falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes of this

paragraph.”.

Handling of complaints by the appropriate authority

9    (1)
In Schedule 3 (handling of complaints and conduct matters), for paragraph 6

(handling of complaints by the appropriate authority) substitute—

“6  (1)
This paragraph applies where a complaint has been recorded by the

appropriate authority.

      (2)
But this paragraph does not apply to a complaint if it is one that has

been, or must be, referred to the Commission under paragraph 4,

unless the complaint is for the time being—

(a)
referred back to the authority under paragraph 5, or

(b)
the subject of a determination under paragraph 15.

Public Bill Committee: 15 February 2011
712

Police Reform and Social Responsibility Bill, continued

      (3)
Subject to paragraph 7, the appropriate authority shall determine

whether or not the complaint is suitable for being subjected to local

resolution.

      (4)
If the appropriate authority determines that the complaint is suitable

for being subjected to local resolution, it shall make arrangements

for it to be so subjected.

      (5)
If the appropriate authority determines that the complaint is not so

suitable, it shall make arrangements for the complaint to be

investigated by the authority on its own behalf.

      (6)
A determination that a complaint is suitable for being subjected to

local resolution may not be made unless the following conditions

are both met.

      (7)
The first condition is that the appropriate authority is satisfied that

the conduct complained of (even if it were proved) would not

justify the bringing of any criminal or disciplinary proceedings

against the person whose conduct is complained of.

      (8)
The second condition is that the appropriate authority is satisfied

that the conduct complained of (even if it were proved) would not

involve the infringement of a person’s rights under Article 2 or 3 of

the Convention (within the meaning of the Human Rights Act

1998).

      (9)
In a case where this paragraph applies to a complaint by virtue of

sub-paragraph (2)(b), a determination that the complaint is suitable

for being subjected to local resolution may not be made unless the

Commission approves the determination.

    (10)
No more than one application may be made to the Commission for

the purposes of sub-paragraph (9) in respect of the same complaint.

    (11)
Sub-paragraph (9) (where applicable) is in addition to sub-

paragraphs (6) to (8).”.

      (2)
In paragraph 7(6)(a) of that Schedule, for “paragraph 6(2)” substitute

“paragraph 6(3)”.

Disapplication of requirements of Schedule 3 to 2002 Act

10  (1)
Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with this paragraph.

      (2)
In the italic heading that precedes paragraph 7 (dispensation by the

Commission from requirements of Schedule 3 to 2002 Act), for “Dispensation

by the Commission from” substitute “Disapplication of”.

      (3)
Paragraph 7 is amended in accordance with the following provisions of this

paragraph.

      (4)
In sub-paragraph (1), omit “apply to the Commission, in accordance with the

regulations, for permission to”.

      (5)
After sub-paragraph (1) insert—

“(1A)
But, in a case where paragraph 6 applies by virtue of paragraph

6(2)(a) or (b), the appropriate authority may not handle the

complaint in whatever manner (if any) the authority thinks fit

unless—

Public Bill Committee: 15 February 2011
713

Police Reform and Social Responsibility Bill, continued

(a)
the authority applies to the Commission, in accordance

with the regulations, for permission to so handle the

complaint, and

(b)
the Commission gives permission.”.

      (6)
In sub-paragraph (2), for “this paragraph” substitute “sub-paragraph (1A)”.

      (7)
In sub-paragraph (5)—

(a)
for the words before paragraph (a) substitute—

“(5)
Where the complaint is to be handled in whatever manner (if

any) the authority thinks fit (whether or not the Commission’s

permission is needed), the authority—”;

(b)
in sub-paragraph (b), for “but for the permission” substitute “if it were

not proceeding in accordance with this paragraph”.

      (8)
In sub-paragraph (6)—

(a)
after “Where” insert “the appropriate authority applies to the

Commission under sub-paragraph (1A) and”;

(b)
omit “under this paragraph”.

Conduct matters arising in civil proceedings

11  (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 10

(conduct matters arising in civil proceedings) is amended in accordance with

this paragraph.

      (2)
In sub-paragraph (3), for “record that matter” substitute “determine whether

the matter is one which it or he is required to refer to the Commission under

paragraph 13 or is one which it would be appropriate to so refer”.

      (3)
For sub-paragraph (4) substitute—

  “(4)
In a case where the appropriate authority determines that the matter

is one which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer, it

or he shall record the matter.

    (4A)
In any other case, the appropriate authority shall determine whether

the matter falls within a description of matters specified in

regulations made by the Secretary of State for the purposes of this

sub-paragraph.

    (4B)
In a case where the appropriate authority determines that the matter

does not fall within such a description, it or he shall record the

matter.

    (4C)
In any other case, the appropriate authority may (but need not)

record the matter.

    (4D)
In a case where the appropriate authority—

(a)
records a matter under this paragraph, and

(b)
is not required to refer the matter to the Commission under

paragraph 13 and does not do so,


the appropriate authority may deal with the matter in such other

manner (if any) as it or he may determine.”.

      (4)
In sub-paragraph (5), for “sub-paragraph (3)” substitute “sub-paragraph (4) or

(4B)”.

Public Bill Committee: 15 February 2011
714

Police Reform and Social Responsibility Bill, continued

Recording etc of conduct matters in other cases

12  (1)
In Schedule 3 (handling of complaints and conduct matters), paragraph 11

(recording etc of conduct matters in other cases) is amended in accordance

with this paragraph.

      (2)
In sub-paragraph (1)—

(a)
for the words before paragraph (a) substitute—

  “(1)
This paragraph applies where—”;

(b)
omit the words after paragraph (b).

      (3)
For sub-paragraph (3) substitute—

  “(3)
The appropriate authority must determine whether the matter is one

which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer.

    (3A)
In a case where the appropriate authority determines that the matter

is one which it or he is required to refer to the Commission under

paragraph 13, or is one which it would be appropriate to so refer, it

or he shall record the matter.

    (3B)
In any other case, the appropriate authority shall determine whether

the matter falls within a description of matters specified in

regulations made by the Secretary of State for the purposes of this

sub-paragraph.

    (3C)
In a case where the appropriate authority determines that the matter

does not fall within such a description, it or he shall record the

matter.

    (3D)
In any other case, the appropriate authority may (but need not)

record the matter.

    (3E)
In a case where the appropriate authority—

(a)
records a matter under this paragraph, and

(b)
is not required to refer the matter to the Commission under

paragraph 13 and does not do so,


the appropriate authority may deal with the matter in such other

manner (if any) as it or he may determine.”.

      (4)
In sub-paragraph (4), for “sub-paragraph (1)” substitute “sub-paragraph (3A)

or (3C)”.

Power to discontinue an investigation

13  (1)
Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with this paragraph.

      (2)
In the italic heading that precedes paragraph 21 (power of the commission to

discontinue an investigation), omit “of the Commission”.

      (3)
Paragraph 21 is amended in accordance with the following provisions of this

paragraph.

      (4)
For sub-paragraph (1) substitute—

  “(1)
The Commission may by order require the discontinuance of the

investigation of a complaint or matter if (whether on the application

of the appropriate authority or otherwise) it appears to the

Commission that—

Public Bill Committee: 15 February 2011
715

Police Reform and Social Responsibility Bill, continued

(a)
the complaint or matter is of a description specified in

regulations made by the Secretary of State for the purposes

of this paragraph, and

(b)
discontinuance of the investigation is within the

Commission’s power.

    (1A)
The appropriate authority that is investigating a complaint or matter

may discontinue the investigation if it appears to that authority

that—

(a)
the complaint or matter is of a description specified in

regulations made by the Secretary of State for the purposes

of this paragraph, and

(b)
discontinuance of the investigation is not within the

Commission’s power.

    (1B)
For the purposes of this paragraph—

(a)
discontinuance of the investigation of a complaint is within

the Commission’s power if—

(i)
the investigation is being undertaken by the

appropriate authority on its own behalf and the

complaint is one required to be referred to the

Commission under paragraph 4; or

(ii)
the investigation is under the supervision or

management of the Commission;

(b)
discontinuance of the investigation of a matter other than a

complaint is within the Commission’s power if the

investigation is under the supervision or management of

the Commission.”.

      (5)
After sub-paragraph (3) insert—

“(3A)
Where the appropriate authority discontinues an investigation

under sub-paragraph (1A), the appropriate authority shall give

notification of the discontinuance—

(a)
to every person entitled to be kept properly informed in

relation to the investigation under section 21; and

(b)
in a case where the investigation that is discontinued is an

investigation of a complaint, to the complainant.”.

      (6)
In sub-paragraph (4), for “in accordance with this paragraph” substitute “in

accordance with an order under sub-paragraph (1)”.

      (7)
After sub-paragraph (5) insert—

  “(6)
Where an investigation of a complaint, recordable conduct matter

or DSI matter is discontinued in accordance with sub-paragraph

(1A)—

(a)
the appropriate authority may take any such steps of a

description specified in regulations made by the Secretary

of State as he or it considers appropriate for purposes

connected with the discontinuance of the investigation; and

(b)
subject to the preceding paragraphs, neither the appropriate

authority nor the Commission shall take any further action

in accordance with the provisions of this Schedule in

relation to that complaint or matter.”.

Public Bill Committee: 15 February 2011
716

Police Reform and Social Responsibility Bill, continued

Duties with respect to disciplinary proceedings

14  (1)
Schedule 3 is amended in accordance with this paragraph.

      (2)
In paragraph 23 (action by the Commission in response to an investigation

report under paragraph 22), in sub-paragraph (6)(a), after sub-paragraph (i)

insert—

“(ia)
whether or not any such person’s performance is

unsatisfactory, and”.

      (3)
In paragraph 24 (action by the appropriate authority in response to an

investigation report under paragraph 22), in sub-paragraph (6)(a), after sub-

paragraph (i) insert—

“(ia)
whether or not any such person’s performance is

unsatisfactory, and”.

      (4)
In paragraph 25 (appeals to the Commission with respect to an

investigation)—

(a)
in sub-paragraph (2)(ba), after “answer” (in the second place) insert

“or that such a person’s performance is, or is not, unsatisfactory”;

(b)
in sub-paragraph (3), after sub-paragraph (za) insert—

“(zb)
sets out whether the appropriate authority has

determined any such person’s performance is, or is

not, unsatisfactory;”;

(c)
in sub-paragraph (5)(c)(i), after “sub-paragraph (3)(za)” insert “or

(zb)”;

(d)
in sub-paragraph (9), in the words before sub-paragraph (a), for

“considers appropriate or” substitute “considers appropriate, or

determines that the appropriate authority has not made a determination

as to whether a person’s performance is or is not unsatisfactory, or

determines that the appropriate authority”.

      (5)
In paragraph 27 (duties with respect to disciplinary proceedings), in sub-

paragraph (3)—

(a)
after sub-paragraph (za) insert—

“(zb)
that the person’s performance is, or is not,

unsatisfactory;”;

(b)
in sub-paragraph (a), after “conduct” insert “, efficiency or

effectiveness”;

(c)
in sub-paragraph (b), after “conduct” insert “, efficiency or

effectiveness”.

Rights of appeal

15
Schedule 3 (handling of complaints and conduct matters) is amended in

accordance with the following paragraphs of this Schedule.

16
In paragraph 3 (failures to notify or record a complaint), after sub-paragraph

(3) insert—

“(3A)
But the complainant has no right of appeal under sub-paragraph (3)

in either of the following cases.

    (3B)
The first case is where, by virtue of paragraph 2(7), there is no

requirement to record the complaint.

    (3C)
The second case is where—

(a)
the complaint relates to a direction and control matter, and

(b)
the appeal relates to a failure by a local policing body.”.



© Parliamentary copyright	Revised 15 February 2011