Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15 February 2011

717

Police Reform and Social Responsibility Bill, continued

17  (1)

Paragraph 7 (dispensation by the Commission from requirements of Schedule

3 to 2002 Act) is amended in accordance with this paragraph.

(2)	After sub-paragraph (7) insert—

“(8)	The complainant shall have a right of appeal to the relevant appeal

body against any decision by the appropriate authority under this

paragraph to handle the complaint otherwise than in accordance

with this Schedule or to take no action in relation to it.

(9)	But the complainant has no right of appeal in either of the following

cases.

(10)	The first case is where the appeal relates to a decision for which the

Commission has given permission under this paragraph.

(11)	The second case is where the complaint relates to a direction and

control matter.

(12)	On an appeal under this paragraph, subject to sub-paragraphs (13)

and (14), the relevant appeal body shall—

(a)	determine whether any decision taken by the appropriate

authority under this paragraph should have been taken in

the case in question; and

(b)	if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

thinks appropriate to the local policing body or chief officer

as to the action to be taken for handling the complaint in

accordance with this Schedule or handling it otherwise than

in accordance with this Schedule;

and it shall be the duty of a local policing body or chief officer to

comply with any directions given under paragraph (b).

(13)	Sub-paragraph (12) does not apply in a case where a particular chief

officer of police is—

(a)	the person in respect of whose decision the appeal is made

under this paragraph, and

(b)	the relevant appeal body in relation to the appeal.

(14)	In such a case—

(a)	the appeal shall determine whether any decision taken by

the appropriate authority under this paragraph should have

been taken in the case in question; and

(b)	if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate for handling the complaint in

accordance with this Schedule or handling it otherwise than

in accordance with this Schedule.”.

18	For paragraph 9 and the italic heading that precedes it (Appeals relating to

local resolution) substitute—

“Appeals relating to complaints dealt with other than by investigation

8A  (1)

The complainant shall have a right of appeal to the relevant appeal

body against the outcome of any complaint that is—

(a)	subjected to local resolution, or

(b)	handled otherwise than in accordance with this Schedule.

Public Bill Committee: 15 February 2011

718

Police Reform and Social Responsibility Bill, continued

(2)	But the complainant has no right of appeal if the complaint relates

to a direction and control matter.

(3)	On an appeal under this paragraph, subject to sub-paragraphs (4)

and (5), the relevant appeal body shall—

(a)	determine whether the outcome of the complaint is a proper

outcome; and

(b)	if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

thinks appropriate to the appropriate authority as to the

action to be taken in relation to the complaint;

and it shall be the duty of the appropriate authority to comply with

any directions given under paragraph (b).

(4)	Sub-paragraph (3) does not apply in a case where a chief officer of

police is the relevant appeal body in relation to the appeal.

(5)	In such a case—

(a)	the appeal shall determine whether the outcome of the

complaint is a proper outcome; and

(b)	if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate in relation to the complaint.”.

19  (1)

Paragraph 21 (power of the Commission to discontinue an investigation) is

amended in accordance with this paragraph.

(2)	After sub-paragraph (6) (inserted by paragraph 13(7) of this Schedule) insert—

“(7)	The complainant shall have a right of appeal to the relevant appeal

body against any decision by the appropriate authority under sub-

paragraph (1A) to discontinue the investigation of the complaint.

(8)	But the complainant has no right of appeal if the complaint relates

to a direction and control matter.

(9)	On an appeal under this paragraph, subject to sub-paragraphs (10)

and (11), the relevant appeal body shall—

(a)	determine whether any decision taken by the appropriate

authority under this paragraph should have been taken in

the case in question; and

(b)	if the relevant appeal body finds in the complainant’s

favour, give such directions as the relevant appeal body

thinks appropriate to the local policing body or chief officer

as to the action to be taken for investigating the complaint;

and it shall be the duty of a local policing body or chief officer to

comply with any directions given under paragraph (b).

(10)	Sub-paragraph (9) does not apply in a case where a particular chief

officer of police is—

(a)	the person in respect of whose decision an appeal is made

under this paragraph, and

(b)	the relevant appeal body in relation to the appeal.

(11)	In such a case—

(a)	the appeal shall determine whether any decision taken by

the appropriate authority under this paragraph should have

been taken in the case in question; and

Public Bill Committee: 15 February 2011

719

Police Reform and Social Responsibility Bill, continued

(b)	if the appeal finds in the complainant’s favour, the chief

officer of police must take such action as the chief officer

thinks appropriate for investigating the complaint.”.

20  (1)

In the italic heading that precedes paragraph 25 (appeals to the Commission

with respect to an investigation), omit “to the Commission”.

(2)	Paragraph 25 is amended in accordance with the following provisions of this

paragraph.

(3)	In sub-paragraph (2)

(a)	in the words before sub-paragraph (a), for “to the Commission”

substitute “to the relevant appeal body”;

(b)	in the words after sub-paragraph (d)—

(i)	for “Commission” substitute “relevant appeal body”;

(ii)	after “this paragraph” insert “(except that the duty to notify

the appropriate authority does not apply where that authority

is the relevant appeal body).

(4)	After sub-paragraph (2) insert—

“(2ZA)

But the complainant has no right of appeal if the complaint relates

to a direction and control matter.”.

(5)	In sub-paragraph (5), for “Commission” (in each place) substitute “relevant

appeal body”.

(6)	In sub-paragraph (6)—

(a)	for “Commission” (in the first place) substitute “relevant appeal

body”;

(b)	after “any matter” insert “—

(a)	in a case where the Commission is the relevant

appeal body,”;

(c)	at the end insert “; and

(b)	in a case where the appropriate authority is the

relevant appeal body, that authority shall take such

steps as it considers appropriate for securing that

the complainant is properly informed.”.

(7)	In subsection (7), for “sub-paragraph (6)” substitute “sub-paragraph (6)(a)”.

(8)	In subsection (8)—

(a)	after “reconsidered,” insert “in a case where the Commission is the

relevant appeal body”;

(b)	at the end of paragraph (b) insert “; and

in a case where the appropriate authority is the relevant

appeal body, that authority shall re-investigate the

complaint.”.

(9)	In sub-paragraph (9), for “Commission” (in each place) substitute “relevant

appeal body”;

(10)	In sub-paragraph (9A)—

(a)	for “Commission” substitute “relevant appeal body”;

(b)	for “it shall direct the appropriate authority” substitute “in a case

where the Commission is the relevant appeal body it shall direct the

appropriate authority to, or in a case where the appropriate authority is

the relevant appeal body it shall”;

(c)	in sub-paragraph (a)—

(i)	omit “to”;

(ii)	omit “the Commission’s”;

Public Bill Committee: 15 February 2011

720

Police Reform and Social Responsibility Bill, continued

(d)	in sub-paragraph, omit “to”.

(11)	In sub-paragraph (10)—

(a)	in the words before paragraph (a), for “Commission” substitute

“relevant appeal body”;

(b)	in sub-paragraph (a), after “authority” insert “(unless it is the relevant

appeal body)”;

(c)	in sub-paragraph (d), for “Commission” substitute “relevant appeal

body”.

(12)	In sub-paragraph (11), for “The Commission” substitute “In a case where the

Commission is the relevant appeal body, it”.

(13)	In sub-paragraph (13), for “Commission” substitute “relevant appeal body”.

21	In paragraph 29 (minor definitions), before the definition of “gross

misconduct” insert—

““direction and control matter” means a matter that relates to the

direction and control of a police force by—

(aa)	the chief officer of police of that force, or

(ab)	a person for the time being carrying out the functions of the

chief officer of police of that force;”.

22	After paragraph 29 insert—

“Appeals: the relevant appeal body

30  (1)

The relevant appeal body in relation to an appeal is—

(a)	the Commission, in a case where the relevant complaint

falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes

of this paragraph; or

(b)	the chief officer of police who is the appropriate authority

in relation to the relevant complaint, in any other case.

(2)	In this paragraph and paragraphs 31 and 32—

“appeal” means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);

“relevant complaint”, in relation to an appeal, means the complaint to

which the appeal relates.

31  (1)

This paragraph applies in a case where—

(a)	an appeal is made to the Commission, and

(b)	the appropriate authority is the relevant appeal body in

relation to the appeal.

(2)	The Commission must—

(a)	forward the appeal to the appropriate authority; and

(b)	notify the person who made the appeal—

(i)	that the appropriate authority is the relevant appeal

body; and

(ii)	the appeal has been forwarded.

(3)	The appeal is to be taken to have been—

(a)	made to the appropriate authority, and

(b)	so made at the time when it is forwarded to the appropriate

authority.

32  (1)

This paragraph applies in a case where—

Public Bill Committee: 15 February 2011

721

Police Reform and Social Responsibility Bill, continued

(a)	an appeal is made to the appropriate authority, and

(b)	the Commission is the relevant appeal body in relation to

the appeal.

(2)	The appropriate authority must—

(a)	forward the appeal to the Commission; and

(b)	notify the person who made the appeal—

(i)	that the Commission is the relevant appeal body;

and

(ii)	the appeal has been forwarded.

(3)	The appeal is to be taken to have been—

(a)	made to the Commission, and

(b)	so made at the time when it is forwarded to the

Commission.”.’.

Mr Matthew Offord

NS4

To move the following Schedule:—

‘Alcohol monitoring requirement

1	The Criminal Justice Act 2003 is amended as follows.

2	In section 177 (Community orders)—

(a)	in subsection (1), after paragraph (j), insert—

“(ja)

an alcohol monitoring requirement (as defined in section

212A),”,

(b)	in subsection (2), after paragraph (g), insert “, and

(h)	section 212A(2) (alcohol monitoring requirement).”.

3	In section 182 (Licence conditions)—

(a)	in subsection (1), after paragraph (f), insert—

“(fa)

an alcohol monitoring requirement (as defined in section

212A),”,

(b)	in subsection (2), after paragraph (d), insert “, and

(e)	section 212A(2) (alcohol monitoring requirement).”.

4	In section 185 (Intermittent custody: licence conditions), in subsection (1),

after paragraph (d), insert “, and

(e)	section 212A(2) (alcohol monitoring requirement).”.

5	In section 190 (Imposition of requirements by suspended sentence order)—

(a)	in subsection (1), after paragraph (j), insert—

“(ja)

an alcohol monitoring requirement (as defined in section

212A),”,

(b)	in subsection (2), after paragraph (g), insert “, and

(h)	section 212A(2) (alcohol monitoring requirement).”,

Public Bill Committee: 15 February 2011

722

Police Reform and Social Responsibility Bill, continued

(c)	in subsection (4), after “an alcohol treatment requirement,”, insert “an

alcohol monitoring requirement”.

6	In section 238 (power of court to recommend licence conditions), after

subsection (1), insert—

“(1A)

That may include a recommendation that the offender should be

required to refrain from consuming alcohol, including a

requirement that the offender submit to testing.”.

7	In section 250 (Licence conditions), after subsection (2)(b)(ii), insert “, and

(iii)

a condition requiring the prisoner to refrain from

consuming alcohol, including a requirement that

the prisoner must submit to testing.”.

8    (1)

Schedule 8 (Breach, revocation or amendment of community order) is

amended in accordance with this paragraph.

(2)	In paragraph 5 (Duty to give warning), in sub-paragraph (1), after the words

“community order”, insert “, other than a community order imposing an

alcohol monitoring requirement”.

(3)	After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A  (1)

If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement the officer may arrest the offender and

must cause an information to be laid before a justice of the peace in

respect of the failure in question.

(2)	In relation to any community order which was made by the Crown

Court and does not include a direction that any failure to comply

with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

9    (1)

Schedule 12 (Breach or amendment of suspended sentence order, and effect of

further conviction) is amended in accordance with this paragraph.

(2)	In paragraph 4 (Duty to give warning), in sub-paragraph (1), after “a suspended

sentence order”, insert “, other than an alcohol monitoring requirement”.

(3)	After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A  (1)

If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement of a suspended sentence order the officer

may arrest the offender and must cause an information to be laid

before a justice of the peace in respect of the failure in question.

(2)	In relation to any suspended sentence order which was made by the

Crown Court and does not include a direction that any failure to

comply with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

Public Bill Committee: 15 February 2011

723

Police Reform and Social Responsibility Bill, continued

10	In Schedule 14 (Persons to whom copies of requirements to be provided in

particular cases), after the entry for “an alcohol treatment requirement”,

insert—

	“An alcohol monitoring requirement	Any person specified under section
		212A(1).”.’.

Mr Matthew Offord

NS5

To move the following Schedule:—

‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement

1	The Criminal Justice and Immigration Act 2008 is amended as follows.

2	In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na)

an alcohol monitoring requirement (see paragraph 24A of that

Schedule,”.

3    (1)

Schedule 1 (further provision about youth rehabilitation orders) is amended in

accordance with this paragraph.

(2)	In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka)

paragraph 24A(2) (alcohol monitoring requirements), and”.

(3)	In paragraph 34(4) (provision of copies of orders), after the entry for “an

intoxicating substance treatment requirement”, insert—

	“An alcohol monitoring requirement	Any person specified under paragraph
		24A(1).”.

4    (1)

Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)

is amended in accordance with this paragraph.

(2)	In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”,

insert “, other than an order imposing an alcohol monitoring requirement,”.

(3)	After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A	If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement the officer may arrest the offender and

must cause an information to be laid before a justice of the peace in

respect of that failure.

(4)	In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or

under paragraph 4A”.’.

© Parliamentary copyright	Revised 15 February 2011