Police Reform and Social Responsibility Bill

Session 2010 - 11
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Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Schedule 14 — Police: complaints
144

(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
5
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
10
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
15
body that—
(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
20
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.
25
(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
30
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
35
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)—
40
(i)
omit the words from “or the Commission” to “sub-paragraph
(4)”;
(ii)
omit “or, as the case may be, the Commission”;

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Schedule 14 — Police: complaints
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(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
5
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—
10
“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—
15
(a)
referred back to the authority under paragraph 5, or
(b)
the subject of a determination under paragraph 15.
      (3)
Subject to paragraph 7, the appropriate authority shall determine
whether or not the complaint is suitable for being subjected to
local resolution.
20
      (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
25
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
30
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
35
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
40
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.
45

Police Reform and Social Responsibility Bill
Schedule 14 — Police: complaints
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     (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
5
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”.
10
      (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—
15
   “(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—
(a)
the authority applies to the Commission, in accordance
20
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)—
25
(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
30
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”.
35
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
40
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”.

Police Reform and Social Responsibility Bill
Schedule 14 — Police: complaints
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      (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.
5
     (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
10
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—
15
(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.”.
20
      (4)
In sub-paragraph (5), for “sub-paragraph (3)” substitute “sub-paragraph (4)
or (4B)”.
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
25
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).
30
      (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
35
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
40
in regulations made by the Secretary of State for the purposes of
this sub-paragraph.

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     (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.
5
     (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
10
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
15
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.
20
      (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—
25
(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.
30
     (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
35
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
40
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
45

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(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
5
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—
10
(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
15
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)—
20
(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
25
(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.”.
Duties with respect to disciplinary proceedings
30
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
35
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
40
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”;
45

Police Reform and Social Responsibility Bill
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(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
5
(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
10
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,
15
unsatisfactory;”;
(b)
in sub-paragraph (a), after “conduct” insert “, efficiency or
effectiveness”;
(c)
in sub-paragraph (b), after “conduct” insert “, efficiency or
effectiveness”.
20
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—
25
   “(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—
30
(a)
the complaint relates to a direction and control matter, and
(b)
the appeal relates to a failure by a local policing body.”.
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—
35
    “(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
40
following cases.
     (10)
The first case is where the appeal relates to a decision for which the
Commission has given permission under this paragraph.