Policing and Crime Act 2017

(10A) (1) The functions of the Office are— (a) to secure that the Office has in place appropriate arrangements for good governance and financial management, (b) to determine and promote the strategic aims and values of the Office, (c) to provide support and advice to the Director General in the carrying out of the Director General's functions, and (d) to monitor and review the carrying out of such functions. (2) The Office also has such other functions as are conferred on it by any other enactment (whenever passed or made). (3) The Office is to perform its functions for the general purpose of improving the way in which the Director General's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). (4) In carrying out its functions the Office must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in section 10(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. (5) The Office may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions. (10B) The Director General and the Office must carry out their functions efficiently and effectively. (10C) (1) The Director General and the Office must jointly— (a) prepare a strategy for the carrying out of their functions, and (b) review the strategy (and revise it as appropriate) at least once every 12 months. (2) The strategy must set out how the Director General and the Office propose to carry out their functions in the relevant period. (3) The strategy must also include a plan for the use during the relevant period of resources for the carrying out of functions of the Director General and the Office. (4) The Director General and the Office must each give effect to the strategy in carrying out their functions. (5) The Director General and the Office must jointly publish a strategy (or revised strategy) prepared under this section (stating the time from which it takes effect). (6) In this section “relevant period”, in relation to a strategy, means the period of time that is covered by the strategy. (10D) (1) The Director General and the Office must jointly prepare a code of practice dealing with the relationship between the Director General and the Office. (2) In doing so, they must (in particular) seek to reflect the principle that the Director General is to act independently when making decisions in connection with the carrying out of the Director General's functions. (3) The code must include provision as to the following— (a) how the strategy required by section 10C is to be prepared, reviewed and revised; (b) the matters to be covered by the strategy and the periods to be covered by it from time to time; (c) how the carrying out of functions by the Director General is to be monitored and reviewed by other members of the Office; (d) the giving of advice to the Director General by other members of the Office in connection with the carrying out of functions by the Director General; (e) the keeping of written records of instances where the Director General has not followed advice given by other members of the Office and the reasons for not doing so; (f) how non-executive members of the Office are to give practical effect to the requirement imposed by subsection (2). (4) The Code may include whatever other provision the Director General and the Office think appropriate. (5) The Director General and the Office must jointly review the code regularly and revise it as appropriate. (6) The Director General and the Office must each comply with the code. (7) The Director General and the Office must jointly publish a code (or revised code) prepared under this section (stating the time from which it takes effect).

Public records

35

• (1) In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, insert at the appropriate place—

Independent Office for Police Conduct.

• (2) The records that become public records for the purposes of that Act as a result of the amendment made by subsection (1) include all records of the Independent Office for Police Conduct of the kind mentioned in paragraph 3(1) of Schedule 1 to that Act (whether created before or after the coming into force of this section, and whether created under that name or under the name of the Independent Police Complaints Commission).

• (3) If the amendment made by subsection (1) comes into force before subsection (1) of section 33 comes into force, the reference in that amendment to the Independent Office for Police Conduct is, until subsection (1) of that section comes into force, to be read as a reference to the Independent Police Complaints Commission.

CHAPTER 6 — Inspection

Powers of inspectors to obtain information, access to police premises etc

36

• (1) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), for paragraphs 6A and 6B substitute—

(6A) (1) An inspector may serve on a person a notice requiring the person— (a) to provide the inspector with any information or documents that the inspector reasonably requires for the purposes of an inspection under section 54; (b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for those purposes. This is subject to sub-paragraphs (6) to (9). (2) A notice under this paragraph must— (a) specify or describe the information, documents, evidence or other things that are required by the inspector; (b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up; (c) where the notice is served on a person who has a right of appeal under paragraph 6D, give details of that right of appeal. (3) In a case where a notice is served on a person who has a right of appeal under paragraph 6D, a period specified under sub-paragraph (2)(b) must not end before the end of the period within which the appeal could be brought. (4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up. (5) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served. (6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from— (a) the Security Service, (b) the Secret Intelligence Service, (c) the Government Communications Headquarters, (d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities, (e) the Crown Prosecution Service, (f) the Service Prosecuting Authority, or (g) the Serious Fraud Office. (7) A notice under this paragraph must also not be used to obtain information, or any document or other thing, from any person if— (a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (6), or (b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph. (8) A notice under this paragraph must not require a person— (a) to provide information that might incriminate the person; (b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act); (c) to make a disclosure that would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016; (d) to provide information that was provided to the person by, or by an agency of, the government of a country or territory outside the United Kingdom where that government does not consent to the disclosure of the information. (9) A notice under this paragraph must not require a postal or telecommunications operator to provide communications data. (10) In sub-paragraph (9), “communications data”, “postal operator” and “telecommunications operator” have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act). (11) In this paragraph— - “document” means anything in which information of any description is recorded; - “inspector” means— 1. an inspector of constabulary, 2. a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or 3. a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph. (6B) (1) An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to— (a) premises that are occupied (wholly or partly) for the purposes of— (i) a police force, (ii) a local policing body, (iii) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or (iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and (b) documents and other things on those premises. (2) A notice under this paragraph must— (a) specify or describe the premises to which the inspector requires access; (b) specify the time when access is required (which may be immediately after the service of the notice). (3) Where there are reasonable grounds for not allowing the inspector to have access to the premises at the time specified under sub-paragraph (2)(b), the requirement under this paragraph has effect as a requirement to secure that access is allowed to the inspector at the earliest practicable time specified by the inspector after there cease to be such grounds. (4) An inspector may cancel a notice under this paragraph by written notice to the person on whom it was served. (5) In this paragraph “document” and “inspector” have the same meanings as in paragraph 6A (and, for that purpose, the reference in paragraph (c) of the definition of “inspector” in paragraph 6A(11) to paragraph 6A is to be read as a reference to this paragraph). (6C) (1) If a person who has received a notice under paragraph 6A or 6B— (a) fails or refuses without reasonable excuse to do what is required by the notice, or (b) (in the case of a notice under paragraph 6A) knowingly or recklessly provides information in response to the notice that is false in a material respect, the chief inspector of constabulary may certify in writing to the High Court that the person has failed to comply with the notice. (2) The High Court may then inquire into the matter and, after hearing any witness who may be produced against or on behalf of the person, and after hearing any statement offered in defence, deal with the person as if the person had committed a contempt of court. (6D) (1) A person on whom a notice is served under paragraph 6A may appeal against the notice to the First-tier Tribunal on the ground that the notice is not in accordance with the law. (2) The right of appeal conferred by sub-paragraph (1) does not apply where the notice is served on a person who is— (a) a member of a police force; (b) a special constable; (c) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011); (d) a local policing body or a person employed by a local policing body; (e) a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of a police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions; (f) a person employed by a person providing services as mentioned in paragraph (e); (g) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force. (3) If an appeal is brought, any requirement imposed by the notice is of no effect pending the determination or withdrawal of the appeal. (4) If the Tribunal considers that the notice is not in accordance with the law— (a) it must quash the notice, and (b) it may give directions regarding the service of a further notice under paragraph 6A. (6E) (1) Where an inspector receives information within sub-paragraph (2), the inspector must not disclose the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. (2) The information is— (a) intelligence service information; (b) protected information relating to a relevant warrant; (c) information obtained from a government department which, at the time it is provided to the inspector, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority— (i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or (ii) jeopardise the safety of any person. (3) Where an inspector discloses to another person information within sub-paragraph (2), or the fact that the inspector has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (4) A prohibition on disclosure in sub-paragraph (1) or (3) does not apply to disclosure by one inspector to another. (5) In this paragraph— - “government department” means a department of Her Majesty's Government but does not include— 1. the Security Service, 2. the Secret Intelligence Service, or 3. the Government Communications Headquarters (“GCHQ”); - “inspector” means— 1. an inspector of constabulary, 2. a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or 3. a person authorised by an inspector of constabulary to act on behalf of the inspector in receiving information (whether under paragraph 6A or otherwise); - “intelligence service information” means information that was obtained (directly or indirectly) from or that relates to— 1. the Security Service, 2. the Secret Intelligence Service, 3. GCHQ, or 4. any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities; - “Minister of the Crown” includes the Treasury; - “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant; - “relevant authority” means— 1. in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service; 2. in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service; 3. in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ; 4. in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty's forces or the Ministry of Defence, the Secretary of State; 5. in the case of protected information relating to a relevant warrant, the person to whom the relevant warrant is or was addressed; 6. in the case of information within sub-paragraph (2)(c)— 1. the Secretary of State, or 2. the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State); - “relevant warrant” means— 1. a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or 2. a warrant under Chapter 1 of Part 6 of that Act. (6F) (1) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to an inspector (whether under a provision of this Schedule or otherwise) must— (a) make the inspector aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and (b) provide the inspector with such additional information as will enable the inspector to identify the relevant authority in relation to the information. (2) In this paragraph, “inspector”, “intelligence service information”, “protected information relating to a relevant warrant” and “relevant authority” have the same meaning as in paragraph 6E.

• (2) Omit section 86 of the Police Reform and Social Responsibility Act 2011 (which is spent as a result of subsection (1) above).

Inspectors and inspections: miscellaneous

37

• (1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), after subsection (6) insert—

(7) For the purposes of this section, a police force includes— (a) staff appointed by the chief officer of police of the police force; (b) staff appointed by a local policing body if, or to the extent that, they are employed to assist the police force; (c) persons providing services, in pursuance of contractual arrangements (but without being employed by the chief officer of police of the police force or its local policing body), to assist the police force in relation to the discharge of its chief officer's functions; (d) any other persons if, or to the extent that, they are engaged by virtue of any enactment in carrying out the activities of the police force.

• (2) In section 55 of that Act (publication of reports of inspections), after subsection (5) insert—

(5A) The comments of the local policing body, together with any comments submitted by the chief officer of police and any response to those comments by the local policing body, must be published before the end of the period of 56 days beginning with the day on which the report is published. (5B) If the published report includes a recommendation, the comments of the local policing body must include an explanation of— (a) the action the local policing body has taken or proposes to take in response to the recommendation, or (b) why the local policing body has not taken, or does not propose to take, any action in response.

• (3) In that section, in subsection (6), for the words after “subsection (5)” substitute

to— (a) the inspectors of constabulary, and (b) the Secretary of State.

• (4) In section 56 of that Act (assistant inspectors and staff officers), in subsections (1) and (2), for “Secretary of State” substitute “ chief inspector of constabulary ”.

• (5) In paragraph 2 of Schedule 4A to that Act (inspection programmes and inspection frameworks)—

• (a) in sub-paragraph (1)(a), for “he proposes” substitute “ the inspectors of constabulary propose ”;

• (b) in sub-paragraph (1)(b), for “he proposes to carry out his” substitute “ they propose to carry out their ”;

• (c) after sub-paragraph (5) insert—

(6) The chief inspector of constabulary or, at the request of the chief inspector, any other inspector may carry out inspections that have not been set out in an inspection programme (and have not been required under section 54(2B) or requested under section 54(2BA)). (7) Before deciding to carry out, or to request another inspector to carry out, an inspection that has not been set out in an inspection programme, the chief inspector of constabulary must consult — (a) the Secretary of State, and (b) the local policing body for the police force to which the inspection relates.

• (6) In Schedule 6 to the Crime and Courts Act 2013 (inspection and complaints), in paragraph 4, after sub-paragraph (1) insert—

(1A) The comments must be published before the end of the period of 56 days beginning with the day on which the HMIC report is published by the Secretary of State. (1B) If the HMIC report includes a recommendation, the comments must include an explanation of— (a) the action the Director General has taken or proposes to take in response to the recommendation, or (b) why the Director General has not taken, or does not propose to take, any action in response.

Part 3 — Police workforce and representative institutions

CHAPTER 1 — Police workforce

Powers of police civilian staff and volunteers

Powers of police civilian staff and police volunteers

38

• (1) Chapter 1 of Part 4 of the Police Reform Act 2002 (exercise of police powers etc by civilians) is amended as follows.

• (2) In section 38 (police powers for civilian staff), for subsections (1) and (2) substitute—

(1) The chief officer of police of any police force may designate a relevant employee as either or both of the following— (a) a community support officer; (b) a policing support officer. (1A) The chief officer of police of any police force may designate a police volunteer as either or both of the following— (a) a community support volunteer; (b) a policing support volunteer.

• (3) In that section, omit subsections (5A) to (6A).

• (4) In that section, before subsection (7) insert—

(6B) The powers and duties that may be conferred or imposed on a person designated under this section are— (a) any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties); (b) where the person is designated as a community support officer or a community support volunteer, any power or duty that is described in Schedule 3C as a power or duty of a community support officer or community support volunteer. (6C) The Secretary of State may by regulations amend Part 1 of Schedule 3B so as to add to the list of powers and duties specified in it. (6D) Part 2 of Schedule 3B makes provision about the application of legislation in relation to powers or duties of a constable that may be exercised or performed by a person designated under this section. (6E) Any power or duty of a constable that is conferred or imposed on a person designated under this section by a chief officer of police of a police force may (subject to provision included in the designation under subsection (6F)) be exercised or performed by the person— (a) in the area of that police force, and (b) in any cases or circumstances in which it could be exercised or performed by a constable who is a member of that force. (6F) A designation under this section may provide that any power or duty of a constable that is conferred or imposed by the designation may be exercised or performed by the person designated— (a) in such areas outside the area of the police force in question as are specified in the designation (as well as within the area of the police force); (b) only in such parts of the area of that police force as are specified in the designation; (c) only in cases or circumstances so specified.

• (5) In that section, after subsection (7) insert—

(7A) A police volunteer authorised or required to do anything by virtue of a designation under this section — (a) shall not be authorised or required by virtue of that designation to engage in any conduct otherwise than while acting as a police volunteer; (b) shall be so authorised or required subject to such restrictions and conditions (if any) as may be specified in the designation.

• (6) In that section, after subsection (9) insert—

(9A) The chief officer of police of a police force must ensure that no person designated by the chief officer under this section is authorised to use a firearm, within the meaning given by section 57(1) of the Firearms Act 1968, in carrying out functions for the purposes of the designation. (9B) However, subsection (9A) does not apply to— (a) the use of a weapon, designed or adapted for the discharge of either of the following substances, for the purpose of discharging either of those substances— (i) the substance, commonly known as “CS spray”, that is produced by the use of 2-chlorobenzalmalononitrile; (ii) the substance, commonly known as PAVA spray, that is produced by the use of pelargonic acid vanillylamide; (b) the use of a weapon for a purpose specified in regulations made by the Secretary of State; (c) the use of a weapon of a description specified in regulations made by the Secretary of State, whether generally or for a purpose so specified.

• (7) In that section, after subsection (9B) (as inserted by subsection (6) above) insert—

(9C) A statutory instrument containing regulations under subsection (6C) or (9B)(b) or (c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (8) In that section, at the end insert—

(12) In this section, “police volunteer” means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee. (13) For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.

• (9) In the heading to section 38, after “civilian staff” insert “ and volunteers ”.

• (10) Omit section 38A (standard powers and duties of community support officers).

• (11) After Schedule 3 insert —

• (a) the new Schedule 3B set out in Schedule 10 to this Act, and

• (b) (after that new Schedule) the new Schedule 3C set out in Schedule 11 to this Act.

Application of Firearms Act 1968 to the police: special constables and volunteers

39

• (1) The Firearms Act 1968 is amended as follows.

• (2) In section 54 of that Act (Application of Parts 1 and 2 to Crown servants), in subsection (3)—

• (a) after paragraph (b) insert—

(ba) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 by the chief constable of a police force in England and Wales,

;

• (b) after paragraph (f) insert

, or (g) a community support volunteer or a policing support volunteer designated under section 38 of the Police Reform Act 2002 (as it applies by virtue of section 28 of the Railways and Transport Safety Act 2003) by the Chief Constable of the British Transport Police Force.

• (3) In section 57 of that Act (interpretation), in subsection (4), after the definition of “imitation firearm” insert—

“member of a police force” means— (a) as respects England and Wales, a constable who is a member of a police force or a special constable appointed under section 27 of the Police Act 1996; (b) as respects Scotland, a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8); “member of the British Transport Police Force” includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003;

.

Training etc of police volunteers

40

• (1) After section 53E of the Police Act 1996 (guidance about civilian staff employed by local policing bodies and chief officers) insert—

(53F) (1) The College of Policing may issue guidance to chief officers of police about— (a) the experience or qualifications that it would be appropriate for a person to have before being designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002; (b) the training to be undertaken by a person before being so designated or after being so designated. (2) The College may from time to time revise the whole or any part of any guidance issued under this section. (3) The College must publish any guidance issued under this section and any revision of it. (4) Each chief officer of police must have regard to guidance issued under this section.

• (2) In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces about police training etc), in subsection (6)(c)—

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

• (b) after sub-paragraph (iii) insert

or (iv) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

Police volunteers: complaints and disciplinary matters

41

• (1) In section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies), in subsection (7) (what it means to be a person serving with the police)—

• (a) omit the “or” at the end of paragraph (b);

• (b) at the end of paragraph (c) insert

; or (d) he is a person designated as a community support volunteer or a policing support volunteer under section 38.

• (2) In section 87 of the Police Act 1996 (guidance concerning disciplinary proceedings etc), in subsection (4A)(a) (as inserted by section 32), after sub-paragraph (iii) insert—

(iv) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;

.

• (3) In section 87A of the Police Act 1996 (guidance concerning conduct etc) (as inserted by section 32), in subsection (1)—

• (a) omit the “and” at the end of paragraph (b);

• (b) at the end of paragraph (c) insert

, and (d) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002.

• (4) In Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals), in paragraph 10(aa) (as inserted by section 31), after paragraph (iii) insert—

(iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,

.

Police volunteers: police barred list and police advisory list

42

• (1) Part 4A of the Police Act 1996 (police barred list and police advisory list) (as inserted by Schedule 8) is amended as follows.

• (2) In section 88C (effect of inclusion in police barred list), at the end insert—

(9) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is a barred person. (10) A chief officer of police may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

• (3) In section 88I (duty to report resignations and retirements to College of Policing)—

• (a) in the heading, after “retirements” insert “ etc ”;

• (b) in subsection (1), after paragraph (b) insert—

(c) the person's designation as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 is withdrawn and the reason, or one of the reasons, for the withdrawal of the designation relates to conduct, efficiency or effectiveness; (d) the person, having been designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, decides to stop volunteering as a police volunteer (within the meaning of that section) after a relevant allegation about the person comes to the attention of the relevant authority.

;

• (c) in subsection (4), after paragraph (d) insert—

(e) in relation to a person falling within subsection (1)(c) or (d), the chief officer of police by whom the person was designated.

;

• (d) in subsection (6)(b), at the end insert “ or (as the case may be) the person's designation as a community support volunteer or a policing support volunteer being withdrawn if the person had not decided to stop volunteering ”.

• (4) In section 88K (effect of inclusion in police advisory list), at the end insert—

(8) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is included in the police advisory list.

• (5) In section 88L (removal from police advisory list), in subsection (7)—

• (a) the words from “a person who,” to the end of the subsection become paragraph (a);

• (b) after that paragraph insert—

(b) a person who was designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

Police volunteers: inspection

43

• (1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), in subsection (7) (as inserted by section 37), after paragraph (a) insert—

(aa) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;

.

• (2) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), in paragraph 6D (as inserted by section 36), after sub-paragraph (2)(c) insert—

(ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;

.

Restrictions on designated persons acting as covert human intelligence sources

44

In section 29 of the Regulation of Investigatory Powers Act 2000 (authorisation of covert human intelligence sources), after subsection (6) insert—

(6A) An authorisation under this section may not have the effect of authorising a covert human intelligence source who is a person designated under section 38 of the Police Reform Act 2002 to establish contact in person with another person.

Further amendments consequential on section 38 etc

45

Schedule 12—

• (a) makes further amendments in consequence of the amendments made by section 38 (see Parts 1 and 2 of that Schedule), and

• (b) makes minor correcting amendments of the Police Reform Act 2002 (see Part 3 of that Schedule).

Removal of powers of police to appoint traffic wardens

Removal of powers of police in England and Wales to appoint traffic wardens

46

• (1) Sections 95 to 97 of the Road Traffic Regulation Act 1984 (traffic wardens), so far as extending to England and Wales, are repealed.

• (2) Those sections, so far as extending to Scotland, are amended as follows.

• (3) In section 95 (appointment of traffic wardens), omit subsection (1).

• (4) In subsection (2) of that section, for “any such functions as are mentioned in subsection (1) above” substitute “ , in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles ”.

• (5) In subsection (3) of that section, omit “under subsection (1) or”.

• (6) In subsection (4) of that section—

• (a) omit “(whether in England and Wales or in Scotland)”;

• (b) for “subsection (1)” substitute “ subsection (2) ”;

• (c) in paragraph (b)—

• (i) omit “or (in England and Wales) with the Secretary of State”;

• (ii) omit “or, as the case may be, by the Secretary of State”.

• (7) Omit subsection (4A) of that section.

• (8) In section 96 (additional powers of traffic wardens), in subsection (2), omit paragraphs (a), (b) and (d).

• (9) In section 97 (supplementary provisions as to traffic wardens), in subsection (3), omit, in both places where it occurs, “the Common Council or”.

• (10) Schedule 13 makes further amendments consequential on the repeal made by subsection (1).

Police rank structure

Power to make regulations about police ranks

47

After section 50 of the Police Act 1996 insert—

(50A) (1) The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police. (2) The ranks must include the rank of constable. (3) The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1). (4) The power conferred by subsection (3) includes power to— (a) repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1); (b) make other amendments of legislation that are consequential on regulations under subsection (1). (5) In subsection (4), “legislation” means any provision of— (a) an Act (including this Act), (b) subordinate legislation within the meaning of the Interpretation Act 1978, (c) an Act of the Scottish Parliament or an instrument made under such an Act, (d) a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or (e) Northern Ireland legislation or an instrument made under Northern Ireland legislation. (6) Regulations under this section may include transitional, transitory or saving provision. (7) Regulations under this section may make different provision for different cases or circumstances. (50B) (1) A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (2) If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must— (a) lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and (b) if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms. (3) The duty under subsection (2) does not apply if the Secretary of State considers— (a) that it would be unlawful to make regulations in terms of the draft, (b) that it would impair the efficiency of the police to do so, or (c) that it would for some other reason be wrong to do so. (4) The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless— (a) the draft is laid in accordance with the duty under subsection (2), or (b) the College of Policing has approved the text of the regulations.

Section 47: consequential amendments

48

• (1) The Police Act 1996 is amended as follows.

• (2) Omit—

• (a) section 9H (other members of the metropolitan police force);

• (b) section 13 (other members of police forces).

• (3) Section 50 (regulations for police forces) is amended as follows.

• (4) Omit subsection (2)(a).

• (5) In subsection (2ZA), after “under”, in the second place it occurs, insert “ section 50A (regulations as to police ranks) or under ”.

• (6) In each of subsections (2ZB) and (2ZC), for “subsection (2)(a), (b), (c) or (g)” substitute “ subsection (2)(b), (c) or (g) ”.

CHAPTER 2 — Representative institutions

Duties of Police Federation for England and Wales in fulfilling its purpose

49

In section 59 of the Police Act 1996 (Police Federations), after subsection (1) insert—

(1A) In fulfilling that purpose, the Police Federation for England and Wales must— (a) protect the public interest, (b) maintain high standards of conduct, and (c) maintain high standards of transparency.

Freedom of Information Act etc: Police Federation for England and Wales

50

• (1) The Police Federation for England and Wales is to be treated for the purposes of—

• (a) the Freedom of Information Act 2000,

• (b) the data protection legislation, and

• (c) section 18 of the Inquiries Act 2005,

as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).

• (2) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Removal of references to ACPO

51

Schedule 14 removes references in legislation to the Association of Chief Police Officers and replaces most of them with references to the National Police Chiefs' Council.

Part 4 — Police powers

CHAPTER 1 — Pre-charge bail

Release without bail or on bail

Arrest elsewhere than at a police station: release before charge

52

• (1) Section 30A of the Police and Criminal Evidence Act 1984 (release of a person arrested elsewhere than at police station) is amended as follows.

• (2) In the heading for “Bail” substitute “ Release of a person arrested ”.

• (3) In subsection (1)—

• (a) omit “on bail”, and

• (b) at the end insert

— (a) without bail unless subsection (1A) applies, or (b) on bail if subsection (1A) applies.

• (4) After subsection (1) insert—

(1A) This subsection applies if— (a) the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and (b) a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).

• (5) In subsection (2) omit “on bail”.

Section 52: consequential amendments

53

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 18(5)(a) (circumstances in which a search after arrest may be conducted) omit “on bail”.

• (3) In section 30 (arrest elsewhere than at police station)—

• (a) in subsection (1B) for “on bail” substitute “ of a person arrested elsewhere than at police station ”,

• (b) in subsection (7A) omit the words from “or releasing” to the end, and

• (c) in subsections (10) and (11) for “on bail” substitute “ under section 30A ”.

• (4) Section 30B (section 30A: notices) is amended as follows.

• (5) In the heading omit “Bail under”.

• (6) In subsection (1) for “grants bail to” substitute “ releases ”.

• (7) In subsection (2)—

• (a) omit the “and” before paragraph (b), and

• (b) after paragraph (b) insert

and (c) whether the person is being released without bail or on bail

.

• (8) In subsection (3) for “The notice” substitute “ A notice given to a person who is released on bail ”.

• (9) In section 30C (section 30A: supplemental)—

• (a) in the heading omit “Bail under”, and

• (b) in subsection (4) omit “on bail”.

Release from detention at a police station

54

• (1) Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention) is amended as follows.

• (2) In subsection (5) for the words from “without” to the end substitute

— (a) without bail unless subsection (5A) applies, or (b) on bail if subsection (5A) applies.

• (3) After subsection (5) insert—

(5A) This subsection applies if— (a) it appears to the custody officer— (i) that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person's detention, or (ii) that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and (b) the pre-conditions for bail are satisfied.

• (4) Section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) is amended as follows.

• (5) In subsection (2) for the words from “either” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied, (subject to subsection (3))

.

• (6) In subsection (3) for “so believing” substitute “ believing that the person's detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person ”.

• (7) In subsection (7) for paragraphs (b) and (c) substitute—

(b) shall be released without charge and without bail unless the pre-conditions for bail are satisfied, (c) shall be released without charge and on bail if those pre-conditions are satisfied but not for the purpose mentioned in paragraph (a), or

.

• (8) In subsection (8A)(b) for “(b)” substitute “ (c) ”.

Release following arrest for breach of bail etc

55

• (1) Section 37CA of the Police and Criminal Evidence Act 1984 (release following arrest for breach of bail) is amended as follows.

• (2) In the heading and subsection (1) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.

• (3) In subsection (2)(b) for the words from “, either” to the end substitute

— (i) without bail unless the pre-conditions for bail are satisfied, or (ii) on bail if those pre-conditions are satisfied.

• (4) In subsection (4) at the end insert “ (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly) ”.

• (5) In section 37D(4A) of the Police and Criminal Evidence Act 1984 (power to keep a person in police detention) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.

Release from further detention at police station

56

• (1) In section 41(7) of the Police and Criminal Evidence Act 1984 (limits on period of detention without charge) for the words from “either” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied.

• (2) Section 42 of the Police and Criminal Evidence Act 1984 (authorisation of continued detention) is amended as follows.

• (3) In subsection (10)—

• (a) omit “, either on bail or without bail”, and

• (b) for the words from “, unless” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied, (subject to subsection (10A))

.

• (4) After subsection (10) insert—

(10A) Subsection (10) does not apply if— (a) the person has been charged with an offence, or (b) the person's continued detention is authorised or otherwise permitted in accordance with section 43.

Warrants of further detention: release

57

• (1) Section 43 of the Police and Criminal Evidence Act 1984 (warrants of further detention) is amended as follows.

• (2) In subsection (15) for the words from “, either” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied.

• (3) In subsection (18) for the words from “be released” to the end substitute

, unless the person is charged, be released from police detention upon or before the expiry of the warrant— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied.

• (4) In section 44(7) of the Police and Criminal Evidence Act 1984 (extension of warrants of further detention) for the words from “, either” to the end substitute

— (a) without bail unless the pre-conditions for bail are satisfied, or (b) on bail if those pre-conditions are satisfied.

Meaning of “pre-conditions for bail”

58

After section 50 of the Police and Criminal Evidence Act 1984 insert—

(50A) For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer— (a) that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and (b) that an officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person or the person's legal representative).

Release without bail: fingerprinting and samples

59

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 61(5A) (fingerprinting of person arrested for a recordable offence) —

• (a) in paragraph (a) omit “in the case of a person who is on bail,”, and

• (b) in paragraph (b) omit “in any case,”.

• (3) In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—

• (a) in paragraph (a) omit “in the case of a person who is on bail,”, and

• (b) in paragraph (b) omit “in any case,”.

Release under section 24A of the Criminal Justice Act 2003

60

• (1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.

• (2) In subsection (2) for paragraphs (b) and (c) substitute—

(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or (c) released without charge and on bail if— (i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and (ii) the pre-conditions for bail are satisfied.

• (3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “ subsection (2)(c) ”.

• (4) After subsection (8) insert—

(8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.

Conditions of bail

Bail before charge: conditions of bail etc

61

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 46A(1A) (power of arrest for failure to answer police bail) for “section 37, 37C(2)(b) or 37CA(2)(b) above” substitute “ this Part ”.

• (3) Section 47 (bail after arrest) is amended as follows.

• (4) In subsection (1A) for the words from “section 37” to “cases” substitute “ this Part (except sections 37C(2)(b) and 37CA(2)(b)) ”.

• (5) In subsections (1B) and (1C) omit “37,”.

Time limits on period of bail

Limit on period of bail under section 30A of PACE

62

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) Section 30B (section 30A: notices) is amended as follows.

• (3) For subsection (4) substitute—

(4) The notice must also specify— (a) the police station which the person is required to attend, and (b) the time on the bail end date when the person is required to attend the police station.

• (4) Omit subsection (4A)(c) and the “and” before it.

• (5) Omit subsection (5).

• (6) In subsection (6) for the words from “(5)” to the end substitute “ to attend at a different time or an additional time ”.

• (7) After subsection (6) insert—

(6A) A person may not be required under subsection (6) to attend a police station at a time which is after the bail end date in relation to the person.

• (8) After subsection (7) insert—

(8) In this section “bail end date”, in relation to a person, means the last day of the period of 28 days beginning with the day after the day on which the person was arrested for the offence in relation to which bail is granted under section 30A.

• (9) In section 30CA (bail under section 30A: variation of conditions by police) omit subsection (1)(b) and the “or” before it.

• (10) In section 30D(3) (meaning of “specified” in section 30D(1)) omit “or (5)”.

Limits on period of bail without charge under Part 4 of PACE

63

After section 47 of the Police and Criminal Evidence Act 1984 insert—