|
| |
|
(a) | the commissioner has been charged in the United Kingdom, the |
| |
Channel Islands or the Isle of Man with an offence, and |
| |
(b) | the offence is one which carries a maximum term of imprisonment |
| |
| |
(2) | The suspension of the police and crime commissioner ceases to have effect |
| 5 |
upon the occurrence of the earliest of these events— |
| |
(a) | the charge being dropped; |
| |
(b) | the police and crime commissioner being acquitted of the offence; |
| |
(c) | the police and crime commissioner being convicted of the offence but |
| |
not being disqualified under section 67 by virtue of the conviction; |
| 10 |
(d) | the termination of the suspension by the police and crime panel. |
| |
(3) | For the purposes of salary, pensions and allowances in respect of times during |
| |
a period of suspension, the police and crime commissioner is to be treated as |
| |
not holding that office during that suspension. |
| |
(4) | In this section references to an offence which carries a maximum term of |
| 15 |
imprisonment of two years or more are references— |
| |
(a) | to an offence which carries such a maximum term in the case of a |
| |
person who has attained the age of 18 years, or |
| |
(b) | to an offence for which, in the case of such a person, the sentence is |
| |
fixed by law as life imprisonment. |
| 20 |
Conduct of police and crime commissioners |
| |
31 | Conduct of commissioners |
| |
(1) | The Secretary of State may, by regulations, make provision about— |
| |
(a) | the making and handling of complaints about the conduct of police and |
| |
crime commissioners (“qualifying complaints”); |
| 25 |
(b) | the recording of matters in the case of which there is an indication |
| |
(whether from the circumstances or otherwise) that a police and crime |
| |
commissioner may have committed a criminal offence or engaged in |
| |
other corrupt behaviour (“conduct matters”); |
| |
(c) | the manner in which qualifying complaints and conduct matters are |
| 30 |
investigated or otherwise dealt with. |
| |
(2) | Schedule 7 (regulations about complaints and conduct matters) has effect. |
| |
Scrutiny of Mayor’s Office for Policing and Crime |
| |
32 | London Assembly police and crime panel |
| |
(1) | The London Assembly must arrange for the functions referred to in subsection |
| 35 |
(2) to be discharged on its behalf by a particular committee of the Assembly |
| |
(the “police and crime panel”). |
| |
(2) | Those functions (“the police and crime panel functions”) are— |
| |
(a) | the functions conferred on the Assembly by section 33; |
| |
(b) | the functions conferred on the Assembly by section 60A of, and |
| 40 |
Schedule 4A to, the 1999 Act in relation to the appointment of the |
| |
|
| |
|
| |
|
Deputy Mayor for Policing and Crime by the Mayor’s Office for |
| |
| |
(3) | The London Assembly may not arrange for the police and crime panel |
| |
functions to be discharged on its behalf otherwise than in accordance with |
| |
| 5 |
(4) | The London Assembly may not arrange for any of its other functions to be |
| |
discharged by the police and crime panel. |
| |
(5) | The special scrutiny functions may only be exercised at a meeting of the whole |
| |
panel; but that is without prejudice to rules of procedure about the quorum of |
| |
a meeting of the whole panel. |
| 10 |
(6) | The enactments applying to committees of the Greater London Authority, |
| |
apart from the excluded provisions, apply to the police and crime panel as if |
| |
the police and crime panel functions were to be discharged by the panel by |
| |
virtue of arrangements under section 54(1)(a) of the 1999 Act. |
| |
(7) | In subsection (6), “excluded provisions” means the following provisions of the |
| 15 |
| |
(a) | section 54(5), so far as it provides for the London Assembly to retain |
| |
power to exercise functions delegated to a committee; |
| |
(b) | section 55 (Assembly committees and sub-committees). |
| |
(8) | The enactments conferring, or relating to, the police and crime panel functions |
| 20 |
are to be read with the appropriate modifications; in particular— |
| |
(a) | references to the London Assembly are to be read as references to the |
| |
police and crime panel; and |
| |
(b) | references to proceedings of the London Assembly are to be read as |
| |
references to proceedings of the police and crime panel. |
| 25 |
(9) | For the purposes of subsection (8), references to the police and crime panel |
| |
include references to a sub-committee or member (if any) by whom functions |
| |
are to be discharged in accordance with section 54(3) of the 1999 Act. |
| |
| |
“1999 Act” means the Greater London Authority Act 1999; |
| 30 |
“special scrutiny functions” means the functions conferred— |
| |
| |
(b) | by section 60A of, and Schedule 4A to, the 1999 Act in relation |
| |
to the appointment of the Deputy Mayor for Policing and Crime |
| |
by the Mayor’s Office for Policing and Crime. |
| 35 |
33 | Functions to be discharged by police and crime panel |
| |
(1) | The London Assembly must— |
| |
(a) | review the draft police and crime plan, or draft variations, given to the |
| |
Assembly by the Mayor’s Office for Policing and Crime in accordance |
| |
with section 6(6)(c), and |
| 40 |
(b) | make a report or recommendations on the draft plan or variations to the |
| |
Mayor’s Office for Policing and Crime. |
| |
(2) | The London Assembly must keep under review the exercise of the functions of |
| |
the Mayor’s Office for Policing and Crime, insofar as the Assembly is not |
| |
|
| |
|
| |
|
otherwise required to do so by the other provisions of this section or by |
| |
Schedule 4A to the 1999 Act. |
| |
(3) | For the purposes of subsection (2), the powers of the London Assembly |
| |
include, in particular, power to investigate, and prepare reports about— |
| |
(a) | any actions and decisions of the Mayor’s Office for Policing and Crime; |
| 5 |
(b) | any actions and decisions of the Deputy Mayor for Policing and Crime; |
| |
(c) | any actions and decisions of a member of staff of the Mayor’s Office for |
| |
| |
(d) | matters relating to the functions of the Mayor’s Office for Policing and |
| |
| 10 |
(e) | matters in relation to which the functions of the Mayor’s Office for |
| |
Policing and Crime are exercisable; or |
| |
(f) | any other matters which the Assembly considers to be of importance to |
| |
policing and crime reduction in the metropolitan police district. |
| |
(4) | The London Assembly may submit proposals to the Mayor’s Office for |
| 15 |
| |
(5) | The London Assembly may require a person referred to in subsection (6)— |
| |
(a) | to attend proceedings of the Assembly for the purpose of giving |
| |
| |
(b) | to produce to the Assembly documents in the person’s possession or |
| 20 |
under the person’s control. |
| |
| |
(a) | the Deputy Mayor for Policing and Crime; |
| |
(b) | any member of the staff of the Mayor’s Office for Policing and Crime; |
| |
(c) | the person who is the occupant of the Mayor’s Office for Policing and |
| 25 |
| |
(d) | any person who has within the 8 years prior to the date of the |
| |
requirement to be imposed under subsection (5) been the Deputy |
| |
Mayor for Policing and Crime or the occupant of the Mayor’s Office for |
| |
| 30 |
(7) | Nothing in subsection (5) requires a member of the staff of the Mayor’s Office |
| |
for Policing and Crime to give any evidence, or produce any document, which |
| |
discloses advice given to the Mayor’s Office for Policing and Crime by that |
| |
| |
(8) | The following provisions of the 1999 Act apply (with appropriate |
| 35 |
modifications) to a requirement under subsection (5) as they apply to a |
| |
requirement under section 61(1) of the 1999 Act— |
| |
(a) | section 61(14) (meaning of document etc); |
| |
(b) | section 62(3) to (6) (procedure for requiring attendance); |
| |
(c) | section 63 (restriction of information); |
| 40 |
(d) | section 64 (failure to attend proceedings); |
| |
(e) | section 65 (openness). |
| |
(9) | In this section “1999 Act” means the Greater London Authority Act 1999. |
| |
|
| |
|
| |
|
| |
Police forces in areas with elected local policing bodies |
| |
| |
34 | Engagement with local people |
| |
(1) | A chief officer of police must make arrangements for obtaining the views of |
| 5 |
persons within each neighbourhood in the relevant police area about crime |
| |
and disorder in that neighbourhood. |
| |
(2) | A chief officer of police must make arrangements for providing persons within |
| |
each neighbourhood in the relevant police area with information about |
| |
policing in that neighbourhood (including information about how policing in |
| 10 |
that neighbourhood is aimed at dealing with crime and disorder there). |
| |
(3) | Arrangements under this section must provide for, or include arrangements |
| |
for, the holding in each neighbourhood of regular meetings between— |
| |
(a) | persons within that neighbourhood, and |
| |
(b) | police officers with responsibility for supervising or carrying out |
| 15 |
policing in that neighbourhood. |
| |
(4) | It is for a chief officer of police to determine what the neighbourhoods are in |
| |
the relevant police area. |
| |
| |
(1) | In exercising functions, a chief officer of police must secure that good value for |
| 20 |
| |
(2) | That includes securing that the persons under the direction and control of the |
| |
chief officer of police obtain good value for money in exercising their functions. |
| |
36 | Reports for elected local policing bodies |
| |
(1) | A chief officer of police must give the relevant elected local policing body such |
| 25 |
reports on policing matters that the body may require the chief officer to give. |
| |
(2) | A report must be in the form (if any) specified by the elected local policing |
| |
| |
(3) | The elected local policing body may— |
| |
(a) | arrange for a report to be published, or |
| 30 |
(b) | require the chief officer of police to arrange for a report to be published. |
| |
(4) | It is for the elected local policing body to determine the manner in which a |
| |
report is to be published in accordance with subsection (3)(a) or (b). |
| |
(5) | In this section “policing matters” means matters connected with the policing of |
| |
the relevant police area. |
| 35 |
37 | Appointment of persons not employed by chief officers of police |
| |
(1) | This section applies where a chief officer of police is required or authorised by |
| |
| |
|
| |
|
| |
|
(a) | to appoint a person to a specified post in the relevant police force, or a |
| |
specified post in the civilian staff of the relevant police force, or |
| |
(b) | to designate a person as having specified duties or responsibilities. |
| |
(2) | The chief officer of police may appoint or designate a person whether or not the |
| |
person is already a member of staff of the police force. |
| 5 |
(3) | Subsection (2) has effect in spite of any provision to the contrary in the Act that |
| |
is mentioned in subsection (1). |
| |
Police forces outside London |
| |
38 | Appointment, suspension and removal of chief constables |
| |
(1) | The police and crime commissioner for a police area is to appoint the chief |
| 10 |
constable of the police force for that area. |
| |
(2) | The police and crime commissioner for a police area may suspend from duty |
| |
the chief constable of the police force for that area. |
| |
(3) | The police and crime commissioner for a police area may call upon the chief |
| |
constable of the police force for that area to resign or retire. |
| 15 |
(4) | The chief constable must retire or resign if called upon to do so by the relevant |
| |
police and crime commissioner in accordance with subsection (3). |
| |
(5) | Schedule 8 (appointment, suspension and removal of senior police officers) has |
| |
| |
(6) | This section is subject to Parts 1 and 2 of Schedule 8. |
| 20 |
(7) | This section and Schedule 8 are subject to regulations under section 50 of the |
| |
| |
39 | Deputy chief constables |
| |
(1) | Each police force must have one or more deputy chief constables. |
| |
(2) | The chief constable of a police force must consult the relevant police and crime |
| 25 |
commissioner before increasing the number of deputy chief constables which |
| |
| |
(3) | The chief constable of a police force must consult the relevant police and crime |
| |
commissioner before appointing a person to be a deputy chief constable of the |
| |
| 30 |
(4) | The chief constable of a police force may suspend from duty a deputy chief |
| |
constable of that police force. |
| |
(5) | The chief constable of a police force may call upon a deputy chief constable of |
| |
that police force to resign or retire. |
| |
(6) | A deputy chief constable must resign or retire if called upon to do so by the |
| 35 |
chief constable in accordance with subsection (5). |
| |
(7) | Subsections (3) to (6) are subject to regulations under section 50 of the Police |
| |
| |
|
| |
|
| |
|
(8) | Subsections (4) to (6) are subject to Part 3 of Schedule 8 (suspension and |
| |
removal of other senior police officers). |
| |
(9) | In this section “police force” means the police force for a police area listed in |
| |
Schedule 1 to the Police Act 1996 (police areas outside London). |
| |
40 | Assistant chief constables |
| 5 |
(1) | Each police force must have one or more assistant chief constables. |
| |
(2) | The chief constable of a police force must consult the relevant police and crime |
| |
commissioner before appointing a person as an assistant chief constable of the |
| |
| |
(3) | The chief constable of a police force may suspend from duty an assistant chief |
| 10 |
constable of that police force. |
| |
(4) | The chief constable of a police force may call upon an assistant chief constable |
| |
of that police force to resign or retire. |
| |
(5) | An assistant chief constable must resign or retire if called upon to do so by the |
| |
chief constable in accordance with subsection (4). |
| 15 |
(6) | Subsections (2) to (5) are subject to regulations under section 50 of the Police |
| |
| |
(7) | Subsections (3) to (5) are subject to Part 3 of Schedule 8 (suspension and |
| |
removal of other senior police officers). |
| |
(8) | In this section “police force” means the police force for a police area listed in |
| 20 |
Schedule 1 to the Police Act 1996 (police areas outside London). |
| |
41 | Power of deputy to exercise functions of chief constable |
| |
(1) | The appropriate deputy chief constable of a police force may exercise or |
| |
perform any or all of the functions of the chief constable of the force— |
| |
(a) | during any period when the chief constable is unable to exercise |
| 25 |
| |
(b) | at any other time, with the consent of the chief constable. |
| |
(2) | For the purposes of subsection (1), the appropriate deputy chief constable is— |
| |
(a) | if the police force has only one deputy chief constable, the deputy chief |
| |
| 30 |
(b) | if the police force has more than one deputy chief constable, the most |
| |
senior deputy chief constable. |
| |
(3) | If the police force has more than one deputy chief constable, the chief constable |
| |
must designate the deputy chief constables in order of seniority for the |
| |
purposes of subsection (2)(b). |
| 35 |
(4) | During any absence, incapacity or suspension from duty of the person who— |
| |
(a) | is designated as the most senior deputy chief constable for the purposes |
| |
| |
(b) | is treated under this section as the most senior deputy chief constable, |
| |
| the person designated as the next most senior deputy chief constable is to be |
| 40 |
treated as the most senior one for the purposes of subsection (2)(b). |
| |
|
| |
|
| |
|
(5) | The assistant chief constable designated for this purpose by the chief constable |
| |
of the force may exercise any or all of the chief constable’s functions during any |
| |
| |
(a) | the chief constable is unable to exercise functions, and |
| |
(b) | a deputy chief constable is unable to exercise functions. |
| 5 |
(6) | The chief constable of the force must designate an assistant chief constable of |
| |
the force for the purposes of subsection (5). |
| |
(7) | Only one person is authorised to act at any one time by virtue of a designation |
| |
| |
(8) | The chief constable must consult the relevant police and crime commissioner |
| 10 |
before making a designation for the purposes of subsection (2)(b) or (5). |
| |
(9) | This section is without prejudice to any other enactment that makes provision |
| |
for a person other than the chief constable to exercise the chief constable’s |
| |
| |
| 15 |
(a) | “police force” means the police force for a police area listed in Schedule |
| |
1 to the Police Act 1996 (police areas outside London); |
| |
(b) | a reference to a period when the chief constable is unable to exercise |
| |
functions is a reference to a period when— |
| |
(i) | the chief constable is absent, incapacitated or suspended from |
| 20 |
| |
(ii) | the office of chief constable is vacant; |
| |
(c) | a reference to a period when a deputy chief constable is unable to |
| |
exercise functions is a reference to a period when— |
| |
(i) | the deputy chief constable, or each of the deputy chief |
| 25 |
constables, is absent, incapacitated or suspended from duty, or |
| |
(ii) | the office of deputy chief constable, or of each deputy chief |
| |
| |
The metropolitan police force |
| |
42 | Appointment of Commissioner of Police of the Metropolis |
| 30 |
(1) | The Commissioner of Police of the Metropolis is to be appointed by Her |
| |
Majesty by warrant under Her sign manual. |
| |
(2) | A constable holds office as the Commissioner of Police of the Metropolis at Her |
| |
| |
(3) | Before recommending to Her Majesty that She appoint a constable as the |
| 35 |
Commissioner of Police of the Metropolis, the Secretary of State must have |
| |
regard to any recommendations made by the Mayor’s Office for Policing and |
| |
| |
(4) | The appointment of the Commissioner of Police of the Metropolis is subject to |
| |
regulations under section 50 of the Police Act 1996. |
| 40 |
|
| |
|