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

(The document as of February, 2008)

-- Back --

Page 22

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

(b) after the definition of "conduct matter" insert--

" "death or serious injury matter" and "DSI matter" have the meaning given by section 12; " .

(3) After subsection (1) insert--

" (1A) In this Part "the relevant officer", in relation to a DSI matter, means the person serving with the police (within the meaning of section 12(7))--

(a) who arrested the person who has died or suffered serious injury,

(b) in whose custody that person was at the time of the death or serious injury, or

and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.

(1B) Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them. "

11 Schedule 3 (handling of complaints and conduct matters) is amended as set out in the following paragraphs.

12 After paragraph 14 insert--

" Part 2A handling of death and serious injury (DSI) matters

Duty to record DSI matters

14A (1) Where a DSI matter comes to the attention of the police authority or chief officer who is the appropriate authority in relation to that matter, it shall be the duty of the appropriate authority to record that matter.

(2) If it appears to the Commission--

(a) that any matter that has come to its attention is a DSI matter, but

(b) that that matter has not been recorded by the appropriate authority,

the Commission may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

Duty to preserve evidence relating to DSI matters

14B (1) Where--

(a) a DSI matter comes to the attention of a police authority, and

(b) the relevant officer in relation to that matter is the chief officer of the force maintained by that authority,

it shall be the duty of that authority to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

(2) Where--

(a) a chief officer becomes aware of a DSI matter, and

(b) the relevant officer in relation to that matter is a person under his direction and control,

it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.

(3) The chief officer's duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.

(4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.

(5) It shall be the duty of a police authority to comply with all such directions as may be given to it by the Commission in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1).

(6) It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as he may be directed to take for the purposes of this paragraph by the police authority maintaining his force or by the Commission.

Reference of DSI matters to the Commission

14C (1) It shall be the duty of the appropriate authority to refer a DSI matter to the Commission.

(2) The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State.

(3) A matter that has already been referred to the Commission under this paragraph on a previous occasion shall not be required to be referred again under this paragraph unless the Commission so directs.

Duties of Commission on references under paragraph 14C

14D (1) It shall be the duty of the Commission, in the case of every DSI matter referred to it by a police authority or a chief officer, to determine whether or not it is necessary for the matter to be investigated.

(2) Where the Commission determines under this paragraph that it is not necessary for a DSI matter to be investigated, it may if it thinks fit refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine. "

13 In paragraph 15(1)(a) and (8) (power of the Commission to determine the form of an investigation), for "or recordable conduct matter" substitute ", recordable conduct matter or DSI matter".

14 (1) Paragraph 16 (investigations by the appropriate authority on its own behalf) is amended as follows.

(2) In sub-paragraph (1), for "or recordable conduct matter" substitute ", recordable conduct matter or DSI matter".

(3) In sub-paragraph (2)(a), after "recordable conduct matter" insert "or under paragraph 14D(2) in relation to any DSI matter".

(4) In sub-paragraph (3), after "(4)" insert "or (5)".

(5) In sub-paragraph (4), for "matter" substitute "conduct matter".

(6) After sub-paragraph (4) add--

" (5) The person appointed under this paragraph to investigate any DSI matter--

(a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

(b) in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph. "

15 (1) Paragraph 17 (investigations supervised by the Commission) is amended as follows.

(2) In sub-paragraph (1), for "or recordable conduct matter" substitute ", recordable conduct matter or DSI matter".

(3) In sub-paragraph (6), for "matter" substitute "conduct matter".

(4) After sub-paragraph (6) insert--

" (6A) The person appointed under this paragraph to investigate any DSI matter--

(a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

16 (1) Paragraph 18 (investigations managed by the Commission) is amended as follows.

(2) In sub-paragraph (1), for "or recordable conduct matter" substitute ", recordable conduct matter or DSI matter".

(3) In sub-paragraph (2), for "(6)" substitute "(6A)".

17 (1) Paragraph 19 (investigations by the Commission itself) is amended as follows.

(2) In sub-paragraph (1), for "or recordable conduct matter" substitute ", recordable conduct matter or DSI matter".

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

" (3A) The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph. "

18 In paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation), after "22" insert "or 24A".

19 In paragraph 21(4) (power of the Commission to discontinue an investigation), for "or recordable conduct matter" substitute ", recordable conduct matter or DSI matter".

20 After paragraph 21 insert--

" Procedure where conduct matter is revealed during investigation of DSI matter

21A (1) If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 or designated under paragraph 19 that there is an indication that a person serving with the police ("the person whose conduct is in question") may have--

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the Commission.

(2) If, after considering a submission under sub-paragraph (1), the Commission determines that there is such an indication, it shall--

(a) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of its determination; and

(b) send to it (or each of them) a copy of the submission under sub-paragraph (1).

(3) If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 16 or 17 that there is an indication that a person serving with the police ("the person whose conduct is in question") may have--

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the appropriate authority in relation to the DSI matter.

(4) If, after considering a submission under sub-paragraph (3), the appropriate authority determines that there is such an indication, it shall--

(a) if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and

(b) notify the Commission of its determination and send to it a copy of the submission under sub-paragraph (3).

(5) Where the appropriate authority in relation to the person whose conduct is in question--

(a) is notified of a determination by the Commission under sub-paragraph (2),

(b) (in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or

(c) (in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),

it shall record the matter under paragraph 11 as a conduct matter (and the other provisions of this Schedule shall apply in relation to that matter accordingly). "

21 For paragraph 22 (final reports on investigations) substitute--

" Final reports on investigations: complaints, conduct matters and certain DSI matters

22 (1) This paragraph applies on the completion of an investigation of--

(a) a complaint,

(b) a conduct matter, or

(c) a DSI matter in respect of which the Commission or the appropriate authority has made a determination under paragraph 21A(2) or (4).

(2) A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.

(3) A person appointed under paragraph 17 or 18 shall--

(a) submit a report on his investigation to the Commission; and

(b) send a copy of that report to the appropriate authority.

(4) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in sub-paragraphs (2) and (3) of this paragraph to the appropriate authority are references to--

(a) the appropriate authority in relation to the DSI matter; and

(b) (where different) the appropriate authority in relation to the person whose conduct is in question.

(5) A person designated under paragraph 19 as the person in charge of an investigation by the Commission itself shall submit a report on it to the Commission.

(6) A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit. "

22 (1) In the heading preceding paragraph 23, after "investigation report" insert "under paragraph 22".

(2) In paragraph 23(1)--

(a) in paragraph (a), for "(2)" substitute "(3)"; and

(b) in paragraph (b), for "(3)" substitute "(5)".

(3) After paragraph 23(12) insert--

" (13) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question. "

23 (1) In the heading preceding paragraph 24, after "investigation report" insert "under paragraph 22".

(2) In paragraph 24(1)--

(a) in paragraph (a), for "22(1)" substitute "22(2)"; and

(b) in paragraph (b), for "22(2)" substitute "22(3)".

(3) After paragraph 24(10) insert--

" (11) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question. "

24 After paragraph 24 insert--

" Final reports on investigations: other DSI matters

24A (1) This paragraph applies on the completion of an investigation of a DSI matter in respect of which neither the Commission nor the appropriate authority has made a determination under paragraph 21A(2) or (4).

(2) A person appointed under paragraph 16, 17 or 18 or designated under paragraph 19 shall--

(a) submit a report on the investigation to the Commission; and

(b) send a copy of that report to the appropriate authority.

(3) A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

(4) On receipt of the report, the Commission shall determine whether the report indicates that a person serving with the police may have--

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings.

Action by the Commission in response to an investigation report under paragraph 24A

24B (1) If the Commission determines under paragraph 24A(4) that the report indicates that a person serving with the police may have--

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall notify the appropriate authority in relation to the person whose conduct is in question of its determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.

(2) Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Commission under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter (and the other provisions of this Schedule shall apply in relation to that matter accordingly).

24C (1) If the Commission determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have--

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall make such recommendations or give such advice under section 10(1)(e) (if any) as it considers necessary or desirable.

(2) Sub-paragraph (1) does not affect any power of the Commission to make recommendations or give advice under section 10(1)(e) in other cases (whether arising under this Schedule or otherwise). "

Section 161

SCHEDULE 13 Abolition of Royal Parks Constabulary: supplementary

Part 1 Transfers to Metropolitan Police Authority

Interpretation

1 In this Part of this Schedule--

"the Authority" means the Metropolitan Police Authority, and
"transfer scheme" means a scheme made by the Secretary of State under this Schedule.

Establishment of eligibility for transfer

2 The Secretary of State may by regulations impose requirements in relation to persons serving as park constables with the Royal Parks Constabulary for the purpose of establishing whether they are eligible--

(a) to be employed by the Authority, or

(b) to serve as a members of the police force for the metropolitan police district.

3 (1) The Secretary of State may terminate the Crown employment of any person who fails to comply with or satisfy any requirement imposed in relation to him by regulations made under paragraph 2.

(2) A person whose Crown employment is terminated under sub-paragraph (1) is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of that termination.

Relevant persons

4 (1) A transfer scheme may provide for any relevant person to become an employee of the Authority on the appointed day.

(2) The scheme may make provision--

(a) for the termination of the relevant person's Crown employment on the appointed day,

(b) as to the terms and conditions which are to have effect as the terms and conditions of the relevant person's contract of employment with the Authority,

(c) transferring to the Authority the rights, powers, duties and liabilities of the employer under or in connection with the relevant person's Crown employment,

(d) for things done before the appointed day by or in relation to the employer in respect of the relevant person or his Crown employment to be treated from that day as having been done by or in relation to the Authority,

(e) for the period during which the relevant person has been in Crown employment to count as a period of employment with the Authority (and for the operation of the transfer scheme not to be treated as having interrupted the continuity of that employment), and

(f) for the termination of the Crown employment of a relevant person who would otherwise be transferred by the scheme but who has informed the Secretary of State that he does not wish to be so transferred.

(3) The scheme may provide for a person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

5 (1) A transfer scheme may provide for the appointment as a member of the police force for the metropolitan police district of any relevant person who becomes an employee of the Authority by virtue of the scheme.

(2) The appointment does not take effect until the person has been attested as a constable for the metropolitan police district in accordance with section 29 of the Police Act 1996 (c. 16).

(3) On being so attested his contract of employment with the Authority is terminated by virtue of this sub-paragraph.

(4) He is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of the operation of sub-paragraph (3).

Property, rights and liabilities, etc.

6 (1) The transfer scheme may provide for the transfer of property, rights and liabilities of the Secretary of State to the Authority on the appointed day.

(2) The scheme may include provision for anything (including any legal proceedings) which relates to anything transferred by virtue of sub-paragraph (1) to be continued from the appointed day by or in relation to the Authority.

Consultation

7 Before making a transfer scheme which contains any provision relating to persons serving as park constables with the Royal Parks Constabulary the Secretary of State must consult such bodies appearing to represent the interests of those persons as he considers appropriate.

Termination of employment

8 The Secretary of State may by regulations make provision as to the consequences of the termination of a person's Crown employment under paragraph 3(1) or by a transfer scheme (including provision removing any entitlement to compensation which might otherwise arise in such circumstances).

Part 2 Amendments

Royal Parks (Trading) Act 2000 (c. 13)

9 In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after subsection (3) add--

" (4) In the application of this section to a specified park--

(a) the reference in subsection (1) to a park constable has effect as a reference to a constable, and

(b) subsections (2) and (3) do not apply.

(5) In subsection (4) "specified park" has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005. "

Regulation of Investigatory Powers Act 2000 (c. 23)

10 In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities) omit paragraph 27D and the cross-heading before it.

Police Reform Act 2002 (c. 30)

11 The Police Reform Act 2002 has effect subject to the following amendments.

12 (1) Section 82 (police nationality requirements) is amended as follows.

(2) In subsection (1)--

(a) at the end of paragraph (e) insert "or", and

(b) omit paragraph (f).

(3) In subsection (3)(e) for "the Civil Nuclear Constabulary or the Royal Parks Constabulary" substitute "or the Civil Nuclear Constabulary".

(4) Omit subsection (5).

13 (1) Schedule 4 (powers exercisable by police civilians) is amended as follows.

(2) In paragraph 2(6) after paragraph (aa) insert--

" (ab) an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872; or " .

(3) After paragraph 7C insert--

" Park Trading offences

7D (1) This paragraph applies if--

(a) a designation applies it to any person ("the CSO"), and

(b) the CSO has under paragraph 2(3) required another person ("P") to wait with him for the arrival of a constable.

(2) If the CSO reasonably suspects that P has committed a park trading offence, the CSO may take possession of anything of a non-perishable nature which--

(a) P has in his possession or under his control, and

(b) the CSO reasonably believes to have been used in the commission of the offence.

(3) The CSO may retain possession of the thing in question for a period not exceeding 30 minutes unless P makes an election under paragraph 2(4), in which case the CSO may retain possession of the thing in question until he is able to transfer control of it to a constable.

(4) In this paragraph "park trading offence" means an offence committed in a specified park which is a park trading offence for the purposes of the Royal Parks (Trading) Act 2000. "

(4) In paragraph 36 after sub-paragraph (3) insert--

" (3A) In this Schedule "specified park" has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005. "

Section 163

SCHEDULE 14 Amendments of Part 5 of Police Act 1997

1 Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records etc.) is amended as follows.

2 In section 114(3) for "Section 113(3) to (5)" substitute "Sections 113A(3) to (6) and 113C to 113F".

3 In section 116--

(a) in the application to Scotland of subsection (2)(b) for "to which subsection (3) or (4) of section 115 applies" substitute "of such description as may be prescribed";

(b) in subsection (3) for "Section 115(6) to (10)" substitute "Sections 113B(3) to (11) and 113C to 113F".

4 In section 119--

(a) in subsection (1A) for "section 113(3A) or (3C) or (3EA) or (3EC)" substitute "section 113C(3) or 113D(3)";

(b) in subsection (2) for "115" substitute "113B".

5 In section 119A(2) for the words from "under" to "adults)" substitute "in a list mentioned in section 113C(3) or 113D(3)".

6 In section 120--

(a) in subsection (3)(b) for "113 or 115" substitute "113A or 113B";

(b) in subsection (5)(b) for "113 or 115" substitute "113A or 113B";

7 In section 120ZA(4)(b) for "113 or 115" substitute "113A or 113B".

8 In section 120A (as inserted by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16))--

(a) in subsection (3)(b) for "section 113(3A) or (3C) or (3EA) or (3EC)" substitute "section 113C(3) or 113D(3)";

(b) in subsection (5) for "113" substitute "113A".

9 In section 120B (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7))--

(a) in subsection (3)(a) for "113" substitute "113A";

(b) in subsection (3)(b) for "113(3C)" substitute "113C(3) or 113D(3)";

" (7) In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed. "

10 In section 121 for "under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or 125" substitute "in relation to the making of regulations or orders".

11 In section 122(3) and (4)(b) for "113 or 115" substitute "113A or 113B".

12 In section 124--

(a) in subsections (1), (2), (3), (4) and (6) for "113 or 115" substitute "113A or 113B";

(b) in subsection (5) for "115(8)" substitute "113B(5)";

13 In section 124B--

(a) in subsection (1) for "113" substitute "113A";

(b) in subsection (3) for "113(5)" substitute "113A(6)".

14 In section 125, at the end add--

" (6) If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in subsection (3) to each House of Parliament must be construed as a reference to the Scottish Parliament. "

Section 171

SCHEDULE 15 Private Security Industry Act 2001: Scottish extent

1 The Private Security Industry Act 2001 (c. 12) is amended as follows.

2 In section 2 (directions etc. by the Secretary of State)--

(a) in subsection (2), the existing words "shall consult the Authority" become paragraph (a) and after that paragraph add " and

(b) where any of those directions relates wholly or mainly to the exercise of the Authority's activities in or as regards Scotland, shall obtain the consent of the Scottish Ministers. " ; and

(b) in subsection (3), the existing words "the Secretary of State with such information about its activities as he may request" become paragraph (a) and after that paragraph add " and

(b) the Scottish Ministers with such information about its activities in or as regards Scotland as they may request. "

3 After section 2 insert--

" 2A " Authority to be treated as cross-border public authority etc. for certain purposes

For the purposes of--

(a) section 5(5B) of the Parliamentary Commissioner Act 1967 (restriction on investigatory powers of Parliamentary Commissioner for Administration);

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24

-- Back --

Stat