Joint Committee on Statutory Instruments Thirty-First Report


APPENDIX XI

Memorandum by the Home Office

NCIS (DISCIPLINE) (SENIOR POLICE MEMBERS) REGULATIONS 1998 (S.I. 1998/636)

NATIONAL CRIME SQUAD (DISCIPLINE) (SENIOR POLICE MEMBERS) REGULATIONS 1998 (S.I. 1998/637)

(1)  Regulation 4 of each instrument refers to the discipline code. Explain why no provision is made identifying or introducing this code, which is set out in Schedule 1.

The reference to the discipline code in regulation 4 of each instrument should have been a reference to "the discipline code contained in Schedule 1" to the instrument. This oversight is regretted and will be corrected at the next opportunity.

(2)  Regulation 5(2) of each instrument provides that paragraphs (3) and (4) are to have effect ((b)) in cases arising from a complaint to which regulation 7 of the Complaints Regulations applies when the requirements of that regulation are dispensed with by or under regulations made thereunder. Explain the intended effect of this provision, and in particular identify the regulations which may be made under regulation 7 of the Complaints Regulations.

The intended effect of regulation 5(2) is that paragraphs (3) and (4) should apply to cases which do not arise from a complaint to which regulation 7 of the Complaints Regulation apply and to cases to which regulation 7 does apply but where, by virtue of regulations made under section 99 of the Police and Criminal Evidence Act 1984 as applied by regulation 12 of the Complaints Regulations, the requirements of regulation 7 are dispensed with. For example, if the Secretary of State were to make regulations under section 99 of the 1984 Act dispensing with the requirement for the PCA to supervise an investigation of complaints of a particular type a case of that type would then fall within paragraphs (3) and (4) of regulation 5. The reference to regulations made thereunder should therefore have been a reference to regulations which apply by virtue of regulation 12 of the Complaint Regulations. This error is regretted and will be corrected at the next opportunity.

(3)  Regulation 16 of each instrument (hearing in the absence of the accused) provides (in paragraph (2)) that where, owing to the absence of the accused, it is impossible to comply with any of the procedures described in regulations 6,7,9 and 11 that procedure shall be dispensed with. Explain the purpose and intended effect of this provision, given that the regulations referred to are concerned with matters prior to the hearing.

The purpose and intended effect of regulation 16 is that if, owing to the absence of the accused, it has not been possible to comply with the requirements of regulations 6,7,9 and 11 it is only at the hearing and if the accused is absent, that those requirements can be dispensed with. If the accused does attend the hearing the requirements of regulations 6,7,9 and 11 must be complied with before the hearing can proceed. The result is that if the whereabouts of the accused are unknown during the investigation but he attends the hearing the procedures will be complied with and he will be in a position to know the case, and the evidence, against him.

21st April 1998


 
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