House of Lords - Explanatory Note
Criminal Justice And Police Bill - continued          House of Lords

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Clause 76: Video links for proceedings about Terrorism Act detention

220. This clause amends paragraph 33 of Schedule 8 to the Terrorism Act to enable the judicial authority proceedings to be conducted by video links. This is in line with similar arrangements for immigration and bail hearings. The decision whether the hearing will be conducted by video link is at the discretion of the judicial authority who must first hear any representations the detainee wishes to make as to venue. The judicial authority must be satisfied that the detainee can see and hear proceedings and be seen and be heard. Clause 76 applies to England, Wales and Northern Ireland only.

Clause 77: Visual recording of interviews

221. By inserting a new section 60A to the Police and Criminal Evidence Act, this clause will allow for the visual recording of interviews with suspects. The clause allows the Secretary of State to issue a code of practice on video recording (similar to section 60 (1) (a) of PACE on tape recording) and enables the Secretary of State to make an order requiring that certain interviews, in certain police force areas be videoed in accordance with the code. The order will be subject to the negative resolution procedure.

Clause 78: Codes of practice

222. This clause allows proposals for limited modifications to the Codes of Practice under PACE for trial purposes to be made subject to the negative resolution procedure. Such modifications may have effect in relation to particular areas, offences or classes of offenders and may only have effect for a maximum of two years. Permanent amendments to the Codes of general application would still be subject to the existing requirements for public consultation and subject to the affirmative resolution procedure in parliament.

Clause 79: Taking fingerprints

223. Subsection (1) allows the police to retake fingerprints where an individual has been convicted of a recordable offence when the initial set of prints they took were incomplete or of poor quality or there were errors in the data capture process. This will also apply to cautions for recordable offences and warnings or reprimands for recordable offences under section 65 of the Crime and Disorder Act 1998.

224. Subsection (2) allows officers of the rank of inspector or above to authorise the compulsory taking of fingerprints.

225. Subsection (3) allows the police to retake fingerprints where an individual has been charged with a recordable offence, when the initial set of prints they took were incomplete or of poor quality or there were errors in the data capture process.

226. Subsections (4) and (5) allow for the compulsory fingerprinting of a person who has been arrested, fingerprinted and bailed to reappear at a police station or a court, if at the time of answering bail there is dispute over the identity of the individual.

227. Subsection (6) allows for compulsory fingerprinting of those cautioned for recordable offences or warned or reprimanded for recordable offences under section 65 of the Crime and Disorder Act 1998. This will enable the details of these offences which are held in national police records to be supported by fingerprints.

228. Subsection (7) provides that where fingerprints are taken electronically, the device used must have type approval from the Secretary of State. This is to ensure that the device will produce images of the appropriate quality and integrity to be used for evidential purposes.

229. Subsection (8) extends the definition of fingerprints to include records of fingers, palms and other parts of the hand where there are characteristic skin patterns and makes it clear that a fingerprint does not have to be produced as a print but may be recorded by other means.

230. Subsection (9) repeals Section 39 of the Criminal Justice Act 1948. This was used to give proof of previous convictions but has largely fallen into disuse because it could only be used to prove identity if the individual concerned had received a custodial sentence and was fingerprinted during their term of imprisonment.

Clause 81: Samples

231. Subsection (1) allows officers of the rank of inspector or above to authorise the taking of intimate samples and the compulsory taking of non-intimate samples

232. Subsection (2) provides that intimate samples which may at present only be taken by a registered medical practitioner (samples of blood, semen or other tissue fluid, pubic hair; or a swab taken from a body orifice other than the mouth) may also be taken by a registered nurse.

233. Subsection (3) permits the retaking of impressions if an impression previously taken as part of the investigation is insufficient or of inadequate quality to allow a match to be made.

234. Subsection (4). As with fingerprints, when skin impressions of other parts of the body are taken electronically the device used must have type approval.

235. Subsection (5) makes it clear that the term "analysis" in relation to skin impressions includes comparison and matching. The existing definitions of "footprints or similar impressions" is replaced with a new definition of "skin impression" covering impressions made by any means of parts of the body other than the hand.

236. Subsection (6) sets out circumstances in which samples may be regarded as insufficient (and may therefore be retaken) including where scientific failure inhibits the production of a DNA profile or where the sample has been damaged or destroyed prior to analysis. This would give the police the ability to retake samples if for example the laboratory was damaged by fire or where other unforeseen circumstances prevented the production of a profile from the sample.

Clause 82: Speculative searches

237. Subsections (1) & (2). Police forces in the UK and Islands can cross search an individual's fingerprints against those held by another UK or Island force and can check DNA profiles against the DNA database. This clause extends the power to check fingerprints and DNA samples and the profiles derived from them against records held by those listed in section 63A(1A) of the 1984 Act (for example foreign police forces, the Ministry of Defence and the Armed Forces police forces) on the same basis that already exists between UK and Island forces.

238. Subsection (2) also adds a new subsection (1C) to section 63A(1A). There are occasions when an individual, who is not a suspect, provides fingerprints or samples voluntarily for the purposes of elimination. An example of this is a DNA intelligence (or mass) screen. This subsection would enable the fingerprints or DNA profile derived from the sample to be entered onto the database for cross matching purposes if the individual concerned consents in writing.

Clause 83: Restrictions on use and destruction of fingerprints and samples

239. Subsection (2) removes the obligation to destroy fingerprints and samples when the individual is cleared of the offence for which they were taken or a decision is made not to prosecute. The obligation to destroy is replaced by a rule to the effect that any fingerprints or samples retained can only be used for the purposes related to the prevention and detection of crime, the investigation of any offence or the conduct of any prosecution. The term "use" includes retaining fingerprints and information derived from samples on databases that will allow speculative searches. Thus if a match is established between an individual who has been cleared of an offence at a subsequent crime scene the police are able to use this information in the investigation of the crime.

240. Subsection (3) and (4) have the effect that if a person, who is not a suspect, provides a sample or fingerprints voluntarily e.g. for the purposes of elimination, there is no obligation for him to allow his samples or fingerprints to be retained or used other than for the purpose for which they were taken. He will be asked whether he wishes to consent to their retention and use. Where consent is not given the fingerprints or samples must be destroyed and the information derived from them can not be used in evidence against the person concerned or for the purposes of investigation of any offence.

241. Subsection (5) preserves the existing gateway in the Immigration and Asylum Act 1999 for disclosure of police information to the Secretary of State for Home Affairs, for use for immigration purposes.

242. Subsection (6) will allow all fingerprints samples that have already been taken on suspicion of involvement in a crime to be retained and used once the section is in force.

Clause 84: Provision for Northern Ireland corresponding to s.83

243. This clause amends the Police and Criminal Evidence (NI) Order 1989 so that the restrictions on the use and destruction of fingerprints and samples correspond to the new provisions for England and Wales contained in clause 83.

Clause 85: Amendment of Terrorism Act 2000 equivalent to s.83

244. This clause makes consequential amendments to the Terrorism Act 2000. It modifies the restriction on the use of fingerprints and samples taken under the provisions of the Act in England and Wales and Northern Ireland to allow their use additionally for the purposes set out in clause 83 (the prevention and detection of any crime, the investigation of any offence or the conduct of any prosecution).

Clause 86: Power to apply 1984 Act provisions

245. This clause amends the Police and Criminal Evidence Act 1984 to enable the Secretary of State by order to apply the "special procedure" material provisions of Schedule 1 to the 1984 Act for the purposes of certain investigations as they apply for the purposes of investigations of offences conducted by police officers. Subsection (2) limits the investigations to which the provisions will apply to investigations of serious arrestable offences conducted by an officer of the Department of the Secretary of State for Trade and Industry (or another person authorised to act on his behalf). Subsection (3) provides that the provision applies to the investigation of offences committed before the coming into force of the order or the section and subsection (4) provides that any order made under subsection (1) shall be subject to the negative resolution procedure.

Clause 87: Process for obtaining excluded and special procedure material

246. This clause amends the Police and Criminal Evidence Act 1984 to apply section 4 of the Summary Jurisdiction (Process) Act 1881 to orders and warrants for special procedure and excluded material. The 1881 Act currently enables process issued by a court of summary jurisdiction in England & Wales to be endorsed for execution in Scotland and vice versa. However these arrangements do not apply to search warrants and production orders in respect of 'special procedure' material (e.g. bank details) or excluded material, since such warrants and orders can be issued and made only by a circuit judge, who does not constitute a court of summary jurisdiction. Comparable provision is made in relation to Northern Ireland.

Part V: Police Training

247. Police training in England and Wales has been the subject of an unprecedented level of scrutiny recently. A number of reports have made recommendations about the way police training is organised.

248. These include two reports by the Police Federation "Project Forward (May 1998) and "Police Training - What Next?" (July 1999), the recommendations of the report of the enquiry into the death of Stephen Lawrence (February 1999), the first ever thematic inspection of training by HMIC (April 1999), a report by the Home Affairs Committee (June 1999), and a report from Sir William Stubbs (July 1999) on the organisation and the funding of police training.

249. In November 1999 the Government published a consultation document on police training. It outlined a range of proposals to raise standards in police training and ensure relevant training for staff throughout their career. The Government received 80 responses to the paper. These represented the broad range of interests in this field including all the key national organisations such as the staff associations, the Association of Police Authorities (APA) and the Association of Chief Police Officers (ACPO), 7 police authorities, and 24 individual forces, as well as other organisations and individuals with a relevant interest.

250. Virtually all those who responded welcomed the fact that training, which was seen as key to what the police service does and can achieve, was being examined and debated. The majority of responses broadly welcomed the proposals.

251. In May 2000 the Government published "Police Training: The Way Forward" (This was published by Home Office Communication Directorate and is available on the Home Office website at http://www.home.office.gov.uk.). This outlined its intentions in light of the comments received during the consultation period, and in the light of a cost-benefit analysis conducted to examine the cost and efficiency savings that could be made through more effective collaboration between forces. "Police Training: The Way Forward" forms the basis for the measures in Part V of this Bill. Key stakeholders were consulted about the clauses in draft.

252. Part V creates a new Central Police Training and Development Authority as a Non-Departmental Public Body (NDPB). The Authority will build on the services currently provided by National Police Training, which was established by the Home Office in 1993 with a remit to design, deliver and accredit training programmes for core policing operations. As an NDPB, the new Authority will have greater independence from the Home Office. The Bill allows the Secretary of State, in consultation with stakeholders, to establish a mandatory core curriculum and a qualifications framework for police. It also strengthens the powers of the Secretary of State to require improvements in the quality of police training following and inspection undertaken by Her Majesty's Inspectorate of Constabulary (HMIC).

253. There are a number of other measures to improve police training which do not require primary legislation, on which work on implementation has already begun. A new HMIC inspector of training was appointed in the Summer 2000. Other proposed measures are set out below.

  • A re-organised Police Training Council to provide the Home Secretary with strategic advice on training.

  • An employer led Police National Training Organisation to promote skills and competencies within the sector.

  • A national review team, managed by the APA and the ACPO, to identify opportunities to promote collaboration at a national, regional and local level.

  • Improved use of information and communication technology and distance learning.

  • Greater community involvement and co-operation in police training.

  • The implementation of annual human resource plans for forces by Statutory Guidance to be issued under Best Value legislation.

Clauses 88 to 97: The Central Police Training and Development Authority

254. Establish the Central Police Training and Development Authority as an NDPB and set out its functions and operational requirements. They give effect to Schedule 4 which contains detailed provisions about the Authority. They also set out the powers of the Secretary of State in relation to the Authority. These cover the power to set objectives (clause 90), to set performance targets (clause 92) and to require an inspection by HMIC and make directions as a result (clause 94).

Clause 88: Establishment of the Authority

255. Creates the Central Police Training and Development Authority as a corporate body.

Schedule 4:The Central Police Training and Development Authority

Paragraph 1: Constitution of the Authority

256. This provides for members of the Authority (including the chairman) to be appointed by the Secretary of State. Before appointing a chairman the Secretary of State must consult those persons who he considers to represent the interests of police authorities and the chief officers of police. In practice that is likely to mean that he will consult APA and ACPO. It provides for a minimum of 11 members, of whom 6 are independent members, 2 represent the interests of chief police officers, 2 represent the interests of police authorities, and one is a Crown servant.

Paragraphs 2 and 3: Disqualification

257. These set out a range of factors which would disqualify someone from appointment to the Authority. They are designed to ensure that Membership of the Authority is of a minimum age of 21 and does not include unsuitable persons.

Paragraphs 4 to 7: Tenure of office

258. Set out the arrangement for tenure of office as a member of the Authority. They set out the maximum term (5 years) for which a post can be held. They deal with resignation of members, and outline the circumstances in which a person may be removed from office.

Paragraph 8: Eligibility for re-appointment

259. Makes provision for a member to be re-appointed.

Paragraph 9: Remuneration, pensions etc. of members

260. Allows the Authority to pay remuneration, allowances and severance payments to members and to pay pensions and gratuities to members and former members. The amounts of all such payments are to be determined by the Secretary of State.

Paragraph 10: Members of staff of the Authority

261. Creates the position of chief executive, to be appointed by the Authority, with the consent of the Secretary of State. It also provides for the appointment of other staff by the Authority. Their numbers, and terms and conditions of appointment, are subject to the approval of the Secretary of State.

Paragraphs 11 and 12: Staff remuneration and pensions

262. Make provision for the payment of remuneration and allowances to members of the Authority's staff and for the payment of pensions and gratuities to members and former members of the Authority's staff.

Paragraph 13: Status of chief executive and staff members as constables

263. Provides that any individual who on appointment holds the office of constable shall hold the rank of chief constable if appointed as chief executive. It also ensures that any constable appointed to the staff continues to hold this office on appointment to the Authority.

Paragraph 14: Liability for acts of police members of staff

264. Establishes the Authority's liability in circumstances where there is a civil wrong committed by a seconded member of staff who is not an employee, for which damages can be claimed.

Paragraph 15: Committees

265. Allows the Authority to conduct its business through committees and sub-committees. People who are not members of the Authority may be appointed to such committees or sub-committees. Sub-paragraph (4) allows the Authority to pay remuneration and allowances to these individuals.

Paragraph 16: Delegation to committees

266. Allows the Authority to delegate its functions to committees, and in turn for the committees to delegate to sub-committees.

Paragraphs 17 to 19: Proceedings

267. Allow the Authority to determine its own procedures including for a quorum but sets a minimum requirement. They ensure that decisions taken by the Authority remain valid, even when there are vacancies in the membership of the Authority or when members have subsequently been disqualified.

Paragraphs 20 and 21: Application of seal and evidence

268. Set out the requirements for authenticating the Authority's seal and for accepting documents in evidence.

Paragraph 22: Status

269. This specifies that the Authority is not a Crown body.

Paragraph 23 to 26: Money

270. These paragraphs provide for the Authority to be funded through grant in aid and enable it to charge for its services. Paragraph 25 allows the Authority to accept gifts and loans. Sub-paragraph (3) of paragraph 25 specifies that any borrowing by the Authority is subject to the consent of the Secretary of State. Paragraph 26 requires the Authority to keep proper accounts and makes the accounts subject to audit by the Comptroller and Auditor General.

Clause 86: Functions of the Authority

271. Subsections (1) and (2) set out the core functions of the Authority. This encompasses the provision of training and the giving of advice and consultancy on training and other matters related to policing. It is intended that the Authority will serve as a centre of excellence for police training and development, promoting the value of police training and working to enhance the efficiency and effectiveness of forces in England and Wales.

272. Subsection (2)(c) requires the Authority to promote the understanding of policing issues at an international level.

273. Subsections (3) and (4) require the Authority, in carrying out its functions, to have regard to:

  • objectives set by the Secretary of State (under clause 90),

  • the objectives set within the Authority's annual plan (under clause 91),

  • any performance targets set, including any set in compliance with a direction given by the Secretary of State (under clause 92), and

  • the Authority's training and development plan (under clause 93),

  • and to comply with:
  • any direction of the Secretary of State requiring the Authority to establish performance targets (under clause 92)
  • any directions made by the Secretary of State in response to a report by HMIC (under clause 94), and

  • any other general or specific directions given to them by the Secretary of State.

274. Subsections, (7) and (8) define the bodies and individuals for whom the Authority is entitled to provide services, in addition to those to whom it provide services by virtue of its primary functions.

275. Subsection (10) defines those to whom the Authority is required to provide training, advice and consultancy services as police officers, special constables and police civilian staff in England and Wales.

Clause 90: Setting of objectives by the Secretary of State

276. Gives the Secretary of State the power to determine objectives for the Authority and modify the objectives he has set. It sets out the bodies which he is required to consult in that process.

Clause 91: The Authority's annual objectives

277. Requires the Authority to set objectives for each financial year, and sets out the bodies it is required to consult in that process.

Clause 92: The Setting of performance targets

278. Allows the Secretary of State to require the Authority to establish performance targets for any objectives he has set under clause 91.

Clause 93: Training and development plans.

279. Requires the Authority to prepare an annual training and development plan which sets out how the Authority will meet its objectives. It lists the contents of such a plan, and the bodies to which it should be distributed.

Clause 94: Inspections of the Authority

280. Allows the Secretary of State to require an inspection by HMIC and to make directions in respect of the efficiency and effectiveness of the Authority as a result.

Clause 95: Power to require reports from the Authority

281. Allows the Secretary of State to require a report from the Authority on any relevant issue.

Clause 96: Annual reports

282. Requires the Authority to submit an annual report at the end of the financial year to the Secretary of State to detail how it has carried out its functions in the preceding year. Subsection (2) provides that this should include an assessment of the success of the training and development plan. The Secretary of State is required to lay a copy of the annual report before Parliament.

Clause 97: Secretary of State's duty to promote efficiency etc of Authority

283. Requires the Secretary of State to exercise his powers in a manner that promotes the efficiency and effectiveness of the Authority.

Clauses 98 to 100: Other provisions about training

284. These clauses cover a variety of matters relating to police training that are largely not directly associated with the new Authority.

Clause 98: Regulations for police forces

285. This clause allows the Secretary of State to make regulations in respect of training and qualifications. This will allow the implementation and evaluation of a mandatory core curriculum and a mandatory qualifications framework for particular tasks and roles. Subsection (4) sets out the bodies whom the Secretary of State is required to consult before making any regulations under this clause. Regulations under this clause are subject to the negative resolution procedure (subsection (5)).

Clause 99: Directions after inspection identifies training needs

286. This strengthens existing provision (where the Secretary of State can intervene after a special report by the HMIC that he has asked to be carried out) to allow the Secretary of State to make directions following a routine inspection report. These directions must relate to recommendations by HMIC in respect of the provision of training or the provision of opportunities for professional development.

Clause 100: Joint provision of training

287. This amends section 23(6) of the Police Act 1996 to enable the Secretary of State to direct chief constables and police authorities to enter into agreements to collaborate on training.

Clause 101: Orders and regulations

288. This establishes that any power of the Secretary of State to make orders or regulations under part V should be exercisable by statutory instrument. It also allows for him to make different provision for different cases.

Clause 103 and Schedule 5: Consequential amendments relating to police training

289. Schedule 5, which is given effect by clause 103 makes amendments to legislation that are consequential on the creation of the Authority.

Paragraph 1: The Public Records Act 1958

290. Includes the Central Police Training and Development Authority within the list of bodies subject to the Public Records Act.

Paragraph 2: The Parliamentary Commissioner Act 1967

291. Includes the Central Police Training and Development Authority within the jurisdiction of the Parliamentary Commissioner for Administration.

Paragraph 3: The Superannuation Act 1972

292. Inserts the Central Police Training and Development Authority within the list of bodies to whose employees a scheme under the Superannuation Act may apply.

Paragraph 4: The House of Commons Disqualification Act 1975

293. Prevents members of the Authority from being members of Parliament.

Paragraph 5: The Northern Ireland Assembly Disqualification Act 1975

294. Prevents members of the Authority from being members of the Northern Ireland Assembly.

Paragraph 6: Amendments of Police Pensions Act 1976

295. Amends the Police Pensions Act 1976 to include service by police officers with the Central Police Training and Development Authority within the types of service which are pensionable under the provisions of the Act.

Paragraph 7: The Police Act 1966

296. Sub-paragraph (1) amends the Police Act 1996 to make the Authority subject to inspection by the Inspectors of Constabulary. Sub-paragraph (2) amends the Act to allow the Secretary of State to publish any report by the Inspectorate, allowing him to make omissions from the report if it would be against the interests of national security or might jeopardise the safety of any person. Sub-paragraph (3) provides that temporary service by police officers seconded to the Authority is to be treated as relevant service, that is service by police officers outside their force.

 
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Prepared: 19 March 2001