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Police Law - Ninth Edition
Chapter 8 - The Police
Chapter 8 - The Police
Organisation of police forces p 247
SOCPA 2005, s 157 added a s 8A to the 1996 Act. It places a duty on police authorities to produce a summary of information on local policing matters, specifically for members of the public, as soon as possible after the end of each financial year. The Section empowers the Secretary of State to specify by order matters which must be included in such a summary.
National Police Organisations p 250
SOCPA 2005, s 1 and Sch 1 provide for the setting up of the Serious Organised Crime Agency. Its functions are to prevent and detect serious organised crime and to contribute to the reduction of such crime and to the mitigation of its consequences. The Agency embraces the functions of the replaced National Crime Intelligence Service and the National Crime Squad and works in co-operation with other agencies such as the Serious Fraud Office and HM Customs and Excise.
Exercise of police powers by civilians p 252
Add para (e) staff custody officer [SOCPA 2005, s 120 when in force] A staff custody officer may perform all of the duties of a custody officer (other than under PACE s 45A(4) - custody officer's duties in relation to video-conferencing facilities for decisions about detention) and under any other enactment which confers functions on such a custody officer. Those operating within a police station designated under PACE, s 35 (see p 134) must first also be appointed custody officers in respect of that station.
A community support officer, p 253
The Clean Neighbouhoods and Environment Act 2005, s 62 prospectively removes the reference within the powers of a community support officer to the offence 'allowing a dog to foul land'. This will be replaced by a power to exercise the powers of an authorised officer of a local authority within the meaning of the Clean Neighbouhoods and Environment Act 2005 to give a fixed penalty notice in respect of offences under a dog control order.
Investigating officers p 253
Warrants under the Theft Act 1968, s 26 and the Misuse of Drugs Act 1971, s 23 may be addressed to such officers in respect of whom the designation applies the relevant provision. [SOCPA 2005, Sch 8, para 14]
Detention officers p 254
Powers extended to permit the taking of impressions of footwear. May use reasonable force to prevent escape. [SOCPA 2005, Sch 8, para 16]
Community safety accreditation schemes p 254
Schedules 8 and 9 of SOCPA 2005 provide that a designation may authorise a person to require names and addresses in relation to specified traffic offences, to control traffic and to photograph persons given fixed penalties. Designations may also include power to remove persons from specified places. Power may also be given to search persons, seize and retain items taken from persons required to await the arrival of a constable. Designations may also include a power of entry to investigate licensing offences under the Licensing Act 2003, s 180 when accompanied by a constable and power to control traffic and place traffic signs.
Designated officers may also carry out specified duties in relation to drug searches. [Drugs Act 2005 Not yet in force]
Community safety accreditation schemes p 254
The Clean Neighbourhood and Environment Act 2005, s 62 (see p 253 above) makes corresponding provision in respect of an accredited person authorised for this purpose.
General p 255
SOCPA 2005, Schs 8 and 9 amended Sch 4 to the PRA 2002 to provide for a designation to include the power to demand names and addresses in respect of specified offences. Where a designated or accredited person makes such a requirement, it is an offence for the person concerned to refuse. A designation may also include a power to remove persons from specified places, and to require a person committing an offence against the Vagrancy Act 1824, s 3 or s 4 to cease committing that offence. In the case of a failure to do so, that person may be required to wait with the CSO for a period not exceeding 30 minutes for the arrival of a constable.
In addition, provision is made to permit designations to include powers to search individuals and to seize and retain items taken from persons required to wait for the arrival of a constable. These powers are those which are given to a constable under PACE, s 32 in relation to a person arrested at a place other than a police station. Further search powers may be specified in relation to alcohol, tobacco and controlled drugs. A designation may include powers to control traffic and place traffic signs, carry out the photographing of persons arrested, detained or given fixed penalty notices. The power to require persons committing offences against the Road Traffic Act 1988, s 35 (drivers to comply with traffic signs) or the RTA 1988, s 37 (directions to pedestrians) to give their names and addresses may also be included as may a power of entry to investigate licensing offences under the Licensing Act 2003, s 180 in the company of a constable.
The Drugs Act 2005, prospectively amends the PRA 2002, Sch 4 to permit designated officers to carry out designated duties in relation to drug searches, X-rays and ultrasound scans carried out in respect of Class A drug searches.
Liability p 257
Delete reference in 2nd para '(including the NCIS or NCS)' and replace with 'Serious Organised Crime Agency'. This applies to all subsequent references to NCIS and NCS.
Police Complaints and Discipline p 258
The foundations of the system References to the National Crime Intelligence Service and the National Crime Squad are no longer valid. These agencies are replaced by the Serious Organised Crime Agency.
Provision is also made for the recording of matters from which it appears that a person has died or suffered serious injury during, or following contact with a person serving with the police.
Handling of complaints p 259
SOCPA 2005, s 55 and Sch 2 apply the police complaints procedure to personnel serving with the Serious Organised Crime Agency. SOCPA 2005 extends references to a 'death or serious injury matter' to include matters in respect of which the complaints procedure does not apply, to any person arrested by a person serving with the police and not released from custody or was otherwise 'in contact' with the police acting in the execution of their duties. Thus, events are covered in respect of which a complaint of conduct matter has not yet been identified and may relate to matters concerning the direction and control of a police force.
Within PRA 2002, s 9 to s 29 references to a 'death or serious injury matter' means circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter) in consequence of which a person has died or has sustained serious injury and, in relation to which the requirements of subsections (2B) or (2C) of s 12 are satisfied (added by SOCPA 2005, Sch 12). Those requirements are that at the time of the death or serious injury the person had been arrested by a person serving with the police and had not been released from that arrest, or was otherwise detained in the custody of a person serving with the police, or such contact (whether direct or indirect) had been made at or before the time of the death or serious injury with a person serving with the police who was acting in the execution of his duties.
Thus, such happenings are covered where a complaint or conduct matter has not yet been identified and may relate to matters concerning the direction and control of a police force.
Reference of complaints to the Commission pp 260-261
The following should be added to the end of paragraph 1 -
In addition, where a death or serious injury matter comes to the attention of a police authority, or a chief officer who is the appropriate authority, the matter must be recorded and if this has not been done the Commission may direct that it be done. Following the investigation of such matters a report will be submitted and the Commission may make recommendations or give advice. Where such an investigation reveals a conduct matter (a criminal or disciplinary offence) the matter will be treated as a conduct matter. [SOCPA 2005, Sch 12]
[Added September 2006] Also add -
Death or serious injury matters include those following some form of police contact but in relation to which there has been no complaint and there is no indication that a criminal or disciplinary offence has been committed. [SI 2006/1406]
Restriction on proceedings pending conclusion of an investigation p 266
SOCPA 2005, s 159 and Sch 11, amend the PRA 2002 to introduce and accelerated procedure in special cases for the dismissal of an officer where this is in the public interest.
Restrictions on proceedings pending the conclusion of an investigation p 266
New text in consequence of SOCPA 2005, Sch 11 -
No criminal or disciplinary proceedings may be brought in relation to any matter subject to an investigation (unless the investigation has been discontinued) until the appropriate authority has certified the case as a 'special case' or a report has been submitted to the Commission or appropriate authority. However, these provisions do not apply to proceedings by the Director of Public Prosecutions (DPP) in exceptional cases where delay is undesirable.
SOCPA 2005, Sch 11 amended PRA 2002, Sch 3, to introduce an accelerated procedure in special cases. These special conditions are met where there is good evidence that the police officer has committed a criminal offence which would justify dismissal and the appropriate authority considers that it is in the public interest for that police officer to cease to be a member of a police force. In such cases a report must be submitted before the completion of the investigation to enable disciplinary proceedings to be brought earlier than would otherwise have been possible. The DPP should be consulted in such cases and he may order the continuation of the investigation regardless of the disciplinary proceedings. It is difficult to see how any following trial for an alleged criminal offence will not be affected by the outcome of disciplinary proceedings in respect of which there are reduced standards of proof and majority verdicts.
Legal representation p 273
The European Court of Human Rights examined a case in which four prisoners were denied legal representation in prison disciplinary proceedings. The Court said that a person charged with a criminal offence who did not wish to defend himself in person must be able to have recourse to legal assistance of his own choosing. The denial of representation for breaches of the prison rules amounted to a breach of Article 6(3) of the European Convention on Human Rights. It therefore appears that there is a case for legal representation at all police disciplinary proceedings. [Whitgrove & Ors v UK, Appl No 46387/99 (2005) Times, 27 April]
Restrictions upon Private Lives of Members of Police Forces p 288
SI 2004/3216 provides that a member of a police force must not belong to any organisation specified or described in a determination of the Secretary of State.
In addition, regulations provide the power to test for controlled drugs in respect of applicants to police forces, officers who give cause to suspect that they have used such drugs, probationers, officers whose work involves dealing with drugs and officers in specialist roles. In the latter case, a power to test for alcohol is also provided. The Secretary of State is given power to set out in a determination the consequences of testing positive in any of these situations. [SI 2005/2834]
Prohibition of requirement as to production of certain records (data protection) p 292
SOCPA 2005, s 163 amends the Police Act 1997 to allow the Secretary of State to issue criminal conviction certificates in relation to persons who wish to work with children or vulnerable adults and the provisions extend to special guardians and people living in households. [Not yet in force]
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