Serious Organised Crime and Police Act 2005 (c. 15)

(The document as of February, 2008)

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(i)

a county council,

(ii)

the council of a district comprised in an area for which there is no county council,

(iii)

a London borough council,

(iv)

the Common Council of the City of London, or

(v)

Transport for London;

(b)

in relation to Wales, means the council of a county or county borough; and

(c)

in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

"registered keeper", in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994. "

153 Disclosure of information about insurance status of vehicles

(1) The Secretary of State may by regulations make provision for and in connection with requiring MIIC to make available relevant vehicle insurance information to PITO for it to process with a view to making the processed information available for use by constables.

(2) "Relevant vehicle insurance information" means information relating to vehicles the use of which has been (but no longer is) insured under a policy of insurance, or security in respect of third party risks, complying with the requirements of Part 6 of the Road Traffic Act 1988 (c. 52).

(3) The regulations may in particular--

(a) require all relevant vehicle insurance information or any particular description of such information to be made available to PITO,

(b) determine the purposes for which information processed from such information by PITO may be made available for use by constables, and

(c) determine the circumstances in which any of the processed information which has been made available for use by constables may be further disclosed by them.

(4) In this section--

• "information" means information held in any form,

• "MIIC" means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 (c. 6) on 8th December 1998), and

• "PITO" means the Police Information Technology Organisation.

154 Power to require specimens of breath at roadside or at hospital etc.

(1) Section 6D of the Road Traffic Act 1988 (preliminary tests for drink and drugs: arrest) is amended as follows.

(2) After subsection (1) insert--

" (1A) The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person. "

(3) After subsection (2) insert--

" (2A) A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act. "

(4) Section 7 of that Act (provision of specimens for analysis) is amended as follows.

(5) For subsection (2) substitute--

" (2) A requirement under this section to provide specimens of breath can only be made--

(a) at a police station,

(b) at a hospital, or

(c) at or near a place where a relevant breath test has been administered to the person concerned or would have been so administered but for his failure to co-operate with it.

(2A) For the purposes of this section "a relevant breath test" is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

(2B) A requirement under this section to provide specimens of breath may not be made at or near a place mentioned in subsection (2)(c) above unless the constable making it--

(a) is in uniform, or

(b) has imposed a requirement on the person concerned to co-operate with a relevant breath test in circumstances in which section 6(5) of this Act applies.

(2C) Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section.

(2D) If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)--

(a) a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or

(b) the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned. "

(6) In subsection (3) (circumstances in which requirement to provide a specimen of blood or urine may be made)--

(a) in paragraph (b) (breath-testing device not available etc.) insert at the beginning "specimens of breath have not been provided elsewhere and", and

(b) in paragraph (bb) (police station breath-testing device has not provided a reliable indication of alcohol level) for "at the police station" substitute "(at the police station or elsewhere)".

(7) In section 8 of that Act (choice of specimens of breath) after subsection (2) insert--

" (2A) If the person who makes a claim under subsection (2) above was required to provide specimens of breath under section 7 of this Act at or near a place mentioned in subsection (2)(c) of that section, a constable may arrest him without warrant. "

(8) In section 9(1) of that Act (protection for hospital patients) for "for a laboratory test" substitute "under section 7 of this Act".

(9) Section 10 of that Act (detention of persons affected by alcohol or a drug) is amended as follows.

(10) In subsection (1) (detention at a police station)--

(a) for "until it appears to the constable" substitute "(or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing", and

(b) for "not be committing" substitute "commit".

(11) In subsection (2) (grounds for detention) for "A person shall not be detained in pursuance of this section if it appears to a" substitute "Subsection (1) above does not apply to the person if it ought reasonably to appear to the".

(12) After that subsection insert--

" (2A) A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this section if it would be prejudicial to his proper care and treatment as a patient. "

155 Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences

(1) The Secretary of State may make payments in respect of the whole or any part of the expenditure of a police authority in relation to--

(a) the prevention and detection of offences to which subsection (3) applies, or

(b) any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2) Payments under this section shall be made at such times, in such manner and subject to such conditions as the Secretary of State may determine.

(3) This subsection applies to offences committed in England and Wales under the following provisions--

• Road Traffic Act 1988 (c. 52)

  • section 14 (requirements regarding seat belts: adults);

  • section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles);

  • section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations--

    (a)

    regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078);

    (b)

    regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796);

  • section 47 (obligatory test certificates for motor vehicles);

  • section 87(1) (drivers of motor vehicles to have driving licences);

  • section 143 (users of motor vehicles to be insured or secured against third-party risks);

  • section 163 (power of police to stop vehicles);

  • section 172 (duty to give information as to the identity of driver etc. in certain circumstances);

• Vehicle Excise and Registration Act 1994 (c. 22)

  • section 33 (not exhibiting vehicle licence);

  • section 42 (not fixing registration mark);

  • section 43 (obscured registration mark);

  • section 43C (using an incorrectly registered vehicle);

  • section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).

(4) The Secretary of State may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.

(5) In subsection (3) "construction and use requirements" has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).

156 Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences

(1) The Scottish Ministers may make payments in respect of the whole or any part of the expenditure of a police authority or joint police board (within the meaning of the Police (Scotland) Act 1967 (c. 77)) in relation to--

(a) the prevention and detection of offences to which subsection (3) applies, or

(b) any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2) Payments under this section shall be made at such times, in such manner and subject to such conditions as the Scottish Ministers may determine.

(3) This subsection applies to offences committed in Scotland under the following provisions--

• Road Traffic Act 1988 (c. 52)

  • section 14 (requirements regarding seat belts: adults);

  • section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles);

  • section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations--

    (a)

    regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078);

    (b)

    regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796);

  • section 47 (obligatory test certificates for motor vehicles);

  • section 87(1) (drivers of motor vehicles to have driving licences);

  • section 143 (users of motor vehicles to be insured or secured against third-party risks);

  • section 163 (power of police to stop vehicles);

  • section 172 (duty to give information as to the identity of driver etc. in certain circumstances);

• Vehicle Excise and Registration Act 1994 (c. 22)

  • section 33 (not exhibiting vehicle licence);

  • section 42 (not fixing registration mark);

  • section 43 (obscured registration mark);

  • section 43C (using an incorrectly registered vehicle);

  • section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).

(4) The Scottish Ministers may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.

(5) In subsection (3) "construction and use requirements" has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).

(6) In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines imposed in respect of road traffic offences etc.) insert--

" (3) There shall be paid into the Scottish Consolidated Fund all fixed penalties imposed in respect of offences, committed in Scotland, to which section 156(3) of the Serious Organised Crime and Police Act 2005 applies. "

Local policing information

157 Publication of local policing information

After section 8 of the Police Act 1996 (c. 16) insert--

" 8A Local policing summaries

(1) As soon as possible after the end of each financial year, every police authority established under section 3 shall issue a report for members of the public in the authority's area on matters relating to the policing of that area for the year.

(2) Such a report is referred to in this section as a "local policing summary".

(3) The Secretary of State may by order specify matters which are to be included in a local policing summary.

(4) A police authority shall arrange--

(a) for every local policing summary issued by it under this section to be published in such manner as appears to it to be appropriate, and

(b) for a copy of every such summary to be sent, by whatever means appear to the authority to be appropriate, to each person liable to pay any tax, precept or levy to or in respect of the authority.

(5) It shall be the duty of a police authority, in preparing and publishing a local policing summary, to have regard to any guidance given by the Secretary of State about the form and content of local policing summaries and the manner of their publication.

(6) Before making an order under subsection (3), and before giving any such guidance as is referred to in subsection (5), the Secretary of State must consult--

(a) persons whom he considers to represent the interests of police authorities,

(b) persons whom he considers to represent the interests of chief officers of police, and

(c) such other persons as he thinks fit.

(7) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3.

(8) A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

Other miscellaneous police matters

158 Responsibilities in relation to the health and safety etc. of police

(1) In section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to police) after subsection (2) insert--

" (2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.

(2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved--

(a) that the officer-holder personally consented to the commission of the offence,

(b) that he personally connived in its commission, or

(c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2C) In subsection (2B) above "the office-holder", in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect--

(a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

(2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

(2E) Those provisions are--

(a) section 39 of the Police (Scotland) Act 1967;

(b) section 88(1) of the Police Act 1996;

(c) section 97(9) of that Act;

(d) paragraph 7(1) of Schedule 8 to the Police Act 1997;

(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

(f) section 28 of the Serious Organised Crime and Police Act 2005.

(2F) In the application of this section to Scotland--

(a) subsection (2A) shall have effect as if for the words "corporation sole" there were substituted "distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder)";

(b) subsection (2B) shall have effect as if for the words "corporation sole" there were substituted "juristic person"; and

(c) subsection (2C) shall have effect as if for the words "subsection (2B)" there were substituted "subsections (2A) and (2B)". "

(2) For subsection (2) of each of the following sections of the Employment Rights Act 1996 (c. 18)--

(a) section 49A (right of police officers not to suffer detriment in relation to health and safety issues), and

(b) section 134A (right of police officers not to be unfairly dismissed in relation to health and safety issues),

substitute the subsection set out in subsection (3) of this section.

(3) The subsection to be substituted is--

" (2) In this section "the relevant officer", in relation to--

(a) a person holding the office of constable, or

(b) a person holding an appointment as a police cadet,

means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act. "

(4) The following provisions of the Police Reform Act 2002 (c. 30) (which relate to duties and rights in relation to the health and safety of police) cease to have effect--

(a) section 95, and

(b) in Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).

(5) The amendments made by subsections (1) to (3) have effect for the purposes of any proceedings in or before a court or tribunal that are commenced on or after the day on which this Act is passed as if the amendments had come into force on 1st July 1998.

(6) For the purposes of proceedings commenced against a person in his capacity by virtue of this section as a corporation sole (or, in Scotland, as a distinct juristic person) anything done by or in relation to that person before the passing of this Act shall be deemed to have been done by or in relation to that person in that capacity.

(7) No person shall be liable by virtue of section 51A(2B) of the Health and Safety at Work etc. Act 1974 (c. 37) in respect of anything occurring before the passing of this Act.

159 Investigations: accelerated procedure in special cases

Schedule 11 (which makes provision for an accelerated procedure for certain investigations into the conduct of police officers) has effect.

160 Investigations: deaths and serious injuries during or after contact with the police

Schedule 12 (which makes provision for the investigation of deaths and serious injuries which occur during or after contact with persons serving with the police) has effect.

Royal Parks etc.

161 Abolition of Royal Parks Constabulary

(1) The Royal Parks Constabulary is abolished.

(2) Every relevant person shall cease to be a park constable on the appointed day.

(3) Subsection (2) is not to be taken as terminating the Crown employment of any relevant person.

(4) In this section, section 162 and Schedule 13--

• "appointed day" means such day as the Secretary of State may by order appoint for the purposes of this section,

• "Crown employment" has the same meaning as in the Employment Rights Act 1996 (c. 18), and

• "relevant person" means a person who immediately before the appointed day is serving as a park constable with the Royal Parks Constabulary.

(5) Schedule 13 (which provides for transfers to the Metropolitan Police Authority and makes amendments) has effect.

162 Regulation of specified parks

(1) From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply to the specified parks.

(2) But from the appointed day section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) applies in relation to the specified parks in the same way as it applies in relation to parks to which the Parks Regulation Act 1872 applies.

(3) The Secretary of State must ensure that copies of any regulations made under section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) which are in force in relation to a specified park are displayed in a suitable position in that park.

(4) In this section "specified park" means a park, garden, recreation ground, open space or other land in the metropolitan police district--

(a) which is specified in an order made by the Secretary of State before the appointed day, and

(b) to which the Parks Regulation Act 1872 (c. 15) then applied by virtue of section 1 of the Parks Regulation (Amendment) Act 1926.

Criminal record checks

163 Criminal record certificates

(1) Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates) are omitted.

(2) Before section 114 of that Act insert--

" 113A Criminal record certificates

(1) The Secretary of State must issue a criminal record certificate to any individual who--

(a) makes an application in the prescribed manner and form, and

(b) pays in the prescribed manner any prescribed fee.

(2) The application must--

(a) be countersigned by a registered person, and

(b) be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

(3) A criminal record certificate is a certificate which--

(a) gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

(b) states that there is no such matter.

(4) The Secretary of State must send a copy of a criminal record certificate to the registered person who countersigned the application.

(5) The Secretary of State may treat an application under this section as an application under section 113B if--

(a) in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b) the registered person provides him with the statement required by that subsection, and

(c) the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

(6) In this section--

• "central records" means such records of convictions and cautions held for the use of police forces generally as may be prescribed;

• "exempted question" means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;

• "relevant matter" means--

  (a)

  a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and

  (b)

  a caution.

113B Enhanced criminal record certificates

(1) The Secretary of State must issue an enhanced criminal record certificate to any individual who--

(a) makes an application in the prescribed manner and form, and

(b) pays in the prescribed manner any prescribed fee.

(2) The application must--

(a) be countersigned by a registered person, and

(b) be accompanied by a statement by the registered person that the certificate is required for a prescribed purpose.

(3) An enhanced criminal record certificate is a certificate which--

(a) gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

(b) states that there is no such matter or information.

(4) Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion--

(a) might be relevant for the purpose described in the statement under subsection (2), and

(b) ought to be included in the certificate.

(5) The Secretary of State must also request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion--

(a) might be relevant for the purpose described in the statement under subsection (2),

(b) ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c) can, without harming those interests, be disclosed to the registered person.

(6) The Secretary of State must send to the registered person who countersigned the application--

(a) a copy of the enhanced criminal record certificate, and

(b) any information provided in accordance with subsection (5).

(7) The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).

(8) If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

(9) In this section--

• "central records", "exempted question", and "relevant matter" have the same meaning as in section 113A;

• "relevant police force", in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

(10) For the purposes of this section references to a police force include any of the following--

(a) the Royal Navy Regulating Branch;

(b) the Royal Marines Police;

(c) the Royal Military Police;

(d) the Royal Air Force Police;

(e) the Ministry of Defence Police;

(f) the National Criminal Intelligence Service;

(g) the National Crime Squad;

(h) the British Transport Police;

(i) the Civil Nuclear Constabulary;

(j) the States of Jersey Police Force;

(k) the salaried police force of the Island of Guernsey;

(l) the Isle of Man Constabulary;

(m) a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11) For the purposes of this section each of the following must be treated as if it were a police force--

(a) the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b) the Serious Organised Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

(c) such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

113C Criminal record certificates: suitability relating to children

(1) If an application under section 113A or 113B is accompanied by a children's suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state--

(a) whether the applicant is included in a specified children's list;

(b) if he is included in such a list, such details of his inclusion as may be prescribed;

(c) whether he is subject to a specified children's direction;

(d) if he is subject to such a direction, the grounds on which it was given and such details as may be prescribed of the circumstances in which it was given.

(2) A children's suitability statement is a statement by the registered person that the certificate is required for the purpose of considering--

(a) the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (5),

(b) the applicant's suitability to be a foster parent or to adopt a child,

(c) the applicant's suitability to be a child's special guardian for the purposes of sections 14A and 14C of the Children Act 1989,

(d) the applicant's suitability to have a child placed with him by virtue of section 70 of the Children (Scotland) Act 1995 or by virtue of section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968, or

(e) the suitability of a person living in the same household as the applicant to be a person mentioned in paragraph (b) or (c) or to have a child placed with him as mentioned in paragraph (d).

(3) Each of the following is a specified children's list--

(a) the list kept under section 1 of the Protection of Children Act 1999;

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