Complaints, conduct matters and DSI matters: procedure

Policing and Crime Bill – in a Public Bill Committee at 4:45 pm on 22nd March 2016.

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Amendments made: 51, in schedule 4, page 157, line 26, at end insert—

‘( ) In sub-paragraph (6)(b), for “a possible future investigation of the complaint” substitute “an investigation of the complaint (whether an existing investigation or a possible future one)”.”

This amendment amends paragraph 4(6)(b) of Schedule 3 to the Police Reform Act 2002 to cater for the possibility that there may be referred to the Commission a complaint that is already being investigated by an appropriate authority.

Amendment 52, in schedule 4, page 158, leave out lines 12 to 19 and insert—

“(2C) The appropriate authority must comply with its duty under sub-paragraph (2A) by making arrangements for the complaint to be investigated by the authority on its own behalf if at any time it appears to the authority from the complaint, or from the authority’s handling of the complaint to that point,”

This amendment is consequential on amendment 53.

Amendment 53, in schedule 4, page 158, leave out lines 27 to 33.

This amendment removes new sub-paragraph (2E) of paragraph 6 of Schedule 3 to the Police Reform Act 2002. This provision is not needed. A complaint referred to the Commission which the Commission considers should be investigated will be dealt with in accordance with paragraph 15 of Schedule 3 to the 2002 Act.

Amendment 54, in schedule 4, page 158, line 35, leave out from “exceptions” to end of line 36

This amendment is consequential on amendment 53.

Amendment 55, in schedule 4, page 159, line 9, leave out sub-paragraph (2) and insert—

‘( ) After sub-paragraph (1) insert—

(1A) The Secretary of State may by regulations provide that the Commission must determine that it is necessary for complaints referred to it that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to complaints relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a complaint to be investigated, paragraph 15 is to apply in relation to the complaint as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.””

This amendment and amendment 57 have the effect that where the Secretary of State by regulations requires that there be an investigation of complaints referred to the Commission that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis (or specified descriptions of such complaints), the investigation need not take the form of an investigation by the Commission. The form of the investigation will be determined in accordance with paragraph 15 of Schedule 3 to the Police Reform Act 2002 but regulations may provide that the investigation is not to take the form of an investigation by the appropriate authority on its own behalf.

Amendment 56, in schedule 4, page 159, line 21, at end insert—

‘( ) In sub-paragraph (3)(b), for “a possible future investigation of the complaint” substitute “an investigation of the complaint (whether an existing investigation or a possible future one)”.”

This amendment amends paragraph 5(3) of Schedule 3 to the Police Reform Act 2002 to cater for the possibility that there may be referred back to the appropriate authority a complaint that is already being investigated by the authority.

Amendment 57, in schedule 4, page 159, line 22, leave out sub-paragraph (4)

See explanatory statement for amendment 55.

Amendment 58, in schedule 4, page 159, line 33, at end insert—

11A In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (6)(b), for “a possible future investigation of that matter” substitute “an investigation of that matter (whether an existing investigation or a possible future one)”.”

This amendment amends paragraph 13(6)(b) of Schedule 3 to the Police Reform Act 2002 to cater for the possibility that there may be referred to the Commission a conduct matter that is already being investigated by an appropriate authority.

Amendment 59, in schedule 4, page 159, line 36, leave out sub-paragraph (2) and insert—

‘( ) After sub-paragraph (1) insert—

(1A) The Secretary of State may by regulations provide that the Commission must determine that it is necessary for recordable conduct matters referred to it that relate to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to recordable conduct matters relating to the conduct of a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a recordable conduct matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.””

This amendment and amendment 61 have the same effect as amendments 55 and 57 but in relation to recordable conduct matters rather than complaints.

Amendment 60, in schedule 4, page 160, line 5, at end insert—

‘( ) In sub-paragraph (3)(b), for “a possible future investigation of that matter” substitute “an investigation of that matter (whether an existing investigation or a possible future one)”.”

This amendment amends paragraph 14(3) of Schedule 3 to the Police Reform Act 2002 to cater for the possibility that there may be referred back to the appropriate authority a recordable conduct matter that is already being investigated by the authority.

Amendment 61, in schedule 4, page 160, line 6, leave out sub-paragraph (4)

See explanatory statement for amendment 59.

Amendment 62, in schedule 4, page 160, line 19, leave out sub-paragraph (2) and insert—

‘( ) After sub-paragraph (1) insert—

(1A) The Secretary of State may by regulations provide that the Commission must determine that it is necessary for DSI matters referred to it in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

(1B) Regulations under sub-paragraph (1A) may provide that the duty on the Commission applies only in relation to DSI matters in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

(1C) Regulations under sub-paragraph (1A) may also provide that, where the Commission is required by the regulations to determine that it is necessary for a DSI matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.””

This amendment and amendment 63 have the same effect as amendments 55 and 57 but in relation to DSI matters rather than complaints.

Amendment 63, in schedule 4, page 160, line 32, leave out sub-paragraph (4)

See explanatory statement for amendment 62.

Amendment 64, in schedule 4, page 161, line 28, after “determines” insert “under sub-paragraph (4C) or (5B)”

This amendment clarifies under which provisions of paragraph 15 of Schedule 3 to the Police Reform Act 2002 a determination that an investigation is to take the form of an investigation by the appropriate authority under the direction of the Commission could be made.

Amendment 65, in schedule 4, page 161, line 31, leave out from “whether” to end of line 37 and insert “that form of investigation continues to be the most appropriate form of investigation.

“(5A) If, on such a review, the Commission determines that—

(a) it would be more appropriate for the investigation to take the form of an investigation by the Commission, the Commission must make a further determination under this paragraph (to replace the earlier one) that the investigation is instead to take that form;

(b) having regard to the seriousness of the case and the public interest, it would be more appropriate for the investigation to take the form of an investigation by the appropriate authority on its own behalf,

This amendment will enable an investigation under Schedule 3 to the Police Reform Act 2002 that takes the form of an investigation by the appropriate authority under the direction of the Commission to be changed by the Commission into an investigation by the appropriate authority on its own behalf. This is in addition to the duty (in particular circumstances) to change the form of the investigation to an investigation by the Commission which is currently provided for in the Bill.

Amendment 66, in schedule 4, page 162, line 9, at end insert—

(c) the person to whose conduct the investigation will relate.”

This amendment adds the person to whose conduct the investigation will relate to the list of persons who must be notified of a determination of the form of an investigation made under paragraph 15 of Schedule 3 to the Police Reform Act 2002.

Amendment 67, in schedule 4, page 163, line 34, leave out second “the” and insert “a”

This amendment, and amendments 68, 69 and 70, clarify the process for appointing, and replacing, an investigator of a directed investigation under paragraph 18 of Schedule 3 to the Police Reform Act 2002 in cases where the investigation relates to the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis.

Amendment 68, in schedule 4, page 163, line 36, at end insert “(and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a))”

See explanatory statement for amendment 67.

Amendment 69, in schedule 4, page 163, line 44, leave out second “the” and insert “a”

See explanatory statement for amendment 67.

Amendment 70, in schedule 4, page 163, line 46, at end insert “(and approved for appointment in accordance with sub-paragraph (2A) (if required) or (2D)(a))”

See explanatory statement for amendment 67.

Amendment 71, in schedule 4, page 164, line 7, leave out sub-paragraph (2).

This amendment is consequential on amendments 55, 57, 59, 61, 62 and 63.

Amendment 72, in schedule 4, page 166, line 47, at end insert “and

(i) the other matters (if any) dealt with in the report (but not on whether the conditions in sub-paragraphs (2A) and (2B) are satisfied in respect of the report),”

This amendment requires the Commission, under paragraph 23 of Schedule 3 to the Police Reform Act 2002, to seek the views of the appropriate authority on matters dealt with in a report in addition to the matters described in new sub-paragraph (5A)(a)(i) and (ii).

Amendment 73, in schedule 4, page 167, line 10, leave out from “as to” to end of line 13 and insert “any matter dealt with in the report, being a determination other than one that it is required to make under sub-paragraph (2)(b) or paragraph (b) of this sub-paragraph,”

This amendment seeks to clarify the type of determination that the Commission will be able to make under paragraph 23(5A)(c) of Schedule 3 to the Police Reform Act 2002.

Amendment 74, in schedule 4, page 167, line 44, at end insert—

25A In paragraph 24 (action by the appropriate authority in response to an investigation report under paragraph 22), after sub-paragraph (6) insert—

(6A) Where the report is a report of an investigation of a complaint and the appropriate authority is a local policing body, the appropriate authority may also, on receipt of the report, make a recommendation under paragraph 28ZA.””

This amendment enables a local policing body, when it is the appropriate authority considering a report of an investigation of a complaint under paragraph 24 of Schedule 3 to the Police Reform Act 2002, to make a recommendation, with a view to remedying the complainant’s dissatisfaction, under new paragraph 28ZA of that Schedule (as inserted by paragraph 41 of Schedule 4 to the Bill).

Amendment 75, in schedule 4, page 167, line 48, leave out from “as to” to end of line 2 on page 168 and insert “any matter dealt with in the report, being a determination other than one that it is required to make under sub-paragraph (4) or that the appropriate authority may be required to make by virtue of paragraph 24C(3).”

This amendment seeks to clarify the type of determination that the Commission will be able to make under paragraph 24A(5) of Schedule 3 to the Police Reform Act 2002.

Amendment 76, in schedule 4, page 169, line 4, at end insert—

“( ) The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (6)(a) or (b).

( ) The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.”

This amendment confers power on the Secretary of State to make provision by regulations about recommendations made by local policing bodies on a review of the outcome of a complaint under new paragraph 6A of Schedule 3 to the Police Reform Act 2002 (review where no investigation).

Amendment 77, in schedule 4, page 169, line 6, after “paragraph” insert “and of its reasons for the determination made under sub-paragraph (4)”

This amendment requires a relevant review body, on a review of the outcome of a complaint under new paragraph 6A of Schedule 3 to the Police Reform Act 2002 (review where no investigation), to notify certain persons of its reasons for determining whether the outcome of the complaint is a reasonable and proportionate outcome (as well as notifying them of the outcome of the review).

Amendment 78, in schedule 4, page 170, leave out lines 14 and 15 and insert—

(a) make its own findings (in place of, or in addition to, findings of the investigation);”

This amendment seeks to clarify that findings of the Commission made on a review under paragraph 25 of Schedule 3 to the Police Reform Act 2002 may be replacement findings or additional findings.

Amendment 79, in schedule 4, page 170, leave out lines 41 to 43 and insert—

(b) sub-paragraphs (4) to (8) and (9)(b) of paragraph 27 apply in relation to the recommendation as if it had been made under that paragraph.”

This amendment is consequential on the repeal of paragraph 28 of Schedule 3 to the Police Reform Act 2002 by amendment 95. See also the explanatory statement to amendment 82.

Amendment 80, in schedule 4, page 171, line 46, at end insert—

“( ) The Secretary of State may by regulations make further provision about recommendations under sub-paragraph (4E)(a), (b) or (c) or (4G)(b).

( ) The regulations may (amongst other things) authorise the local policing body making the recommendation to require a response to the recommendation.”

This amendment confers power on the Secretary of State to make provision by regulations about recommendations made by local policing bodies on a review of the outcome of a complaint under paragraph 25 of Schedule 3 to the Police Reform Act 2002 (review following an investigation).

Amendment 81, in schedule 4, page 172, line 7, at end insert—

( ) after “paragraph” insert “and of its reasons for the determination made under sub-paragraph (4A)”;”

This amendment requires a relevant review body, on a review of the outcome of a complaint under paragraph 25 of Schedule 3 to the Police Reform Act 2002 (review following an investigation), to notify certain persons of its reasons for determining whether the outcome of the complaint is a reasonable and proportionate outcome (as well as notifying them of the outcome of the review).

Amendment 82, in schedule 4, page 172, line 27, at end insert—

32A After paragraph 25 insert—

“Information for complainant about disciplinary recommendations

25A (1) This paragraph applies where, on the review of the outcome of a complaint under paragraph 25, the Commission makes a recommendation under sub-paragraph (4C)(c) of that paragraph.

(2) Where the appropriate authority notifies the Commission under paragraph 25(4D)(a) that the recommendation has been accepted, the Commission must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21 of that fact and of the steps that have been, or are to be taken, by the appropriate authority to give effect to it.

(3) Where the appropriate authority—

(a) notifies the Commission under paragraph 25(4D)(a) that it does not (either in whole or in part) accept the recommendation, or

(b) fails to take steps to give full effect to the recommendation,

the Commission must determine what, if any, further steps to take under paragraph 27 as applied by paragraph 25(4D)(b).

(4) The Commission must notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—

(a) of any determination under sub-paragraph (3) not to take further steps, and

(b) where the Commission determines under that sub-paragraph that it will take further steps, of the outcome of the taking of those steps.””

Sub-paragraph (4D)(b) of paragraph 25 of Schedule 3 to the Police Reform Act 2002 (as inserted by the Bill) can no longer apply paragraph 28 of that Schedule (see the explanatory statement to amendment 95). The new paragraph 25A inserted into Schedule 3 to the 2002 Act by this amendment reproduces the effect that applying paragraph 28 would have had.

Amendment 83, in schedule 4, page 173, line 2, at end insert—

‘( ) For sub-paragraph (5) substitute—

(5) The Commission shall notify the appropriate authority of any determination that it makes under this paragraph and of its reasons for making the determination.

(5A) The Commission shall also notify the following of any determination that it makes under this paragraph and of its reasons for making the determination—

(a) the complainant;

(b) every person entitled to be kept properly informed in relation to the complaint under section 21;

(c) the person complained against (if any).

(5B) The duty imposed by sub-paragraph (5A) on the Commission shall have effect subject to such exceptions as may be provided for by regulations made by the Secretary of State.

(5C) Subsections (6) to (8) of section 20 apply for the purposes of sub-paragraph (5B) as they apply for the purposes of that section.””

This amendment requires the Commission, when it determines under paragraph 26 of Schedule 3 to the Police Reform Act 2002 what form a re-investigation following a review should take, to notify certain persons of the reasons for the determination (as well as notifying them of the determination itself). It also makes notification of everyone except the appropriate authority subject to exceptions provided for in regulations.

Amendment 84, in schedule 4, page 174, line 20, leave out “6A or”

This amendment has the effect that section 15(4) of the Police Reform Act 2002 will only be extended by the Bill to apply in cases where the Commission is carrying out a review, following an investigation, under paragraph 25 of Schedule 3 to that Act (and not where it is carrying out a review under paragraph 6A of that Schedule where there has not been an investigation).

Amendment 85, in schedule 4, page 174, line 34, at end insert—

39A In section 16 of the Police Reform Act 2002 (payment for assistance with investigations)—

(a) in subsection (1)(b), for “in such a connection to the Commission.” substitute “to the Commission in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3.”;

(b) in subsection (2)(b)—

(i) in the words before sub-paragraph (i), for “in such a connection by a police force (“the assisting force”) to the Commission” substitute “by a police force (“the assisting force”) to the Commission in connection with an investigation under this Part or a review under paragraph 25 of Schedule 3”;

(ii) omit the “or” at the end of sub-paragraph (i);

(iii) after sub-paragraph (ii) insert “, or

This amendment is consequential on the amendments of section 15 of the Police Reform Act 2002 at paragraph 39 of Schedule 4 to the Bill.

Amendment 86, in schedule 4, page 174, line 38, leave out “6A or”

This amendment has the effect that section 18(1) of the Police Reform Act 2002 will only be extended by the Bill to apply in cases where the Commission is carrying out a review, following an investigation, under paragraph 25 of Schedule 3 to that Act (and not where it is carrying out a review under paragraph 6A of that Schedule where there has not been an investigation).

Amendment 87, in schedule 4, page 175, line 4, after “23” insert “, 24”

This amendment is consequential on the insertion of new sub-paragraph (6A) into paragraph 24 of Schedule 3 to the Police Reform Act 2002 by amendment 74.

Amendment 88, in schedule 4, page 175, line 17, after “23(5F)” insert “or 24(6A)”

This amendment is consequential on the insertion of new sub-paragraph (6A) into paragraph 24 of Schedule 3 to the Police Reform Act 2002 by amendment 74.

Amendment 89, in schedule 4, page 175, line 19, leave out “(3) or (5)”

This amendment is consequential on the insertion of new sub-paragraph (6A) into paragraph 24 of Schedule 3 to the Police Reform Act 2002 by amendment 74.

Amendment 90, in schedule 4, page 175, line 37, leave out from “2002,” to end of line 39 and insert “after sub-paragraph (3) insert—

“(3A) Where this paragraph applies—

(a) by virtue of sub-paragraph (1)(a) or (b) and the report is a report of an investigation of a complaint, or

(b) by virtue of sub-paragraph (2),

a recommendation made under sub-paragraph (3) may not be a recommendation of a kind described in regulations made under paragraph 28ZA(1).””

This amendment is in place of the amendment of paragraph 28A(3) of Schedule 3 to the Police Reform Act 2002 that is currently in the Bill. It takes account of the fact that paragraph 28A is capable of applying in cases where new paragraph 28ZA of that Schedule does not apply.

Amendment 91, in schedule 4, page 175, line 42, at end insert—

( ) in section 15—

(i) in subsection (3)(a), omit “, 17”;

(ii) in subsection (5), in the words after paragraph (c), omit “, 17”;”

This amendment is consequential on the repeal of paragraph 17 of Schedule 3 to the Police Reform Act 2002 made by paragraph 16 of Schedule 4 to the Bill.

Amendment 92, in schedule 4, page 176, line 31, leave out sub-paragraph (iv)

This amendment removes amendments of paragraph 21 of Schedule 3 to the Police Reform Act 2002 because that paragraph is repealed by paragraph 23 of Schedule 4 to the Bill.

Amendment 93, in schedule 4, page 176, line 34, at end insert—in paragraph 21A(6)(a), for “15(5)” substitute “15(5A) or (5B)”;”

(i) in paragraph 21A(6)(a), for “15(5)” substitute “15(5A) or (5B)”;”

This amendment is consequential on the amendments of paragraph 15 of Schedule 3 to the Police Reform Act 2002 made by paragraph 14 of Schedule 4 to the Bill.

Amendment 94, in schedule 4, page 176, line 47, at end insert—in paragraph 24B(3)(a), for “15(5)” substitute “15(5A) or (5B)”;”

(i) in paragraph 24B(3)(a), for “15(5)” substitute “15(5A) or (5B)”;”

This amendment is consequential on the amendments of paragraph 15 of Schedule 3 to the Police Reform Act 2002 made by paragraph 14 of Schedule 4 to the Bill.

Amendment 95, in schedule 4, page 177, line 2, at end insert—omit paragraph 28;”

(i) omit paragraph 28;” .—(Karen Bradley.)

Given the repeal of paragraph 27(1)(b) of Schedule 3 to the Police Reform Act 2002, paragraph 28 of that Schedule (information for complainant about disciplinary recommendations) is no longer needed. This is because paragraph 27 recommendations will now only be capable of being made in the case of an investigation of a DSI matter.

Schedule 4, as amended, agreed to.

Clause 14