Section 19 and Schedule 1: Belfast

47.     Section 19 provides for Schedule 1, which deals with arrangements within Belfast. Section 21 of the 2000 Act required the Belfast DPP to set up a sub-group for each of thepolice districts within the Belfast City Council area, established under section 20(2) of that Act. Schedule 1 replaces section 21, and makes provisions dealing with the composition and functions of the sub-groups.

48.     Section 15 of the 2000 Act provides that, where a council has failed to set up a DPP in accordance with the provisions of section 14 of, or Schedule 3 to, that Act, the Secretary of State may, after consulting the Board, direct the council to take a specified action to remedy this. If the council fails to comply with this direction, the Secretary of State may empower the Board to take over the council's functions insofar as this is necessary to ensure that a DPP is established. Paragraph 2 of Schedule 1 inserts a new section 15A into the 2000 Act that gives the Secretary of State similar powers in the event of Belfast City Council failing to set up a sub-group for each Belfast police district in accordance with the new provisions set out elsewhere in Schedule 1.

49.     Paragraphs 3 and 4 disapply the requirements of sections 17 and 18 of the 2000 Act (reports by DPPs) to the Belfast DPP. New arrangements relating to the Belfast DPP are set out in the new sections 21B and 21D, inserted by paragraphs 7 and 9 of Schedule 1. (These are explained in the notes on paragraphs 7 and 9 below.)

50.     Paragraph 5 substitutes a new section 21 into the 2000 Act, replacing the previous section. The new section 21 requires Belfast City Council to establish a sub-group of its DPP for each of the police districts established in accordance with section 20(2) of that Act. The new section 21(5) provides that, where the Belfast DPP is satisfied that a sub-group is carrying out its functions satisfactorily in relation to a particular area, the Belfast DPP is not obliged to duplicate these functions in fulfilling its own obligations under section 16 of the 2000 Act.

51.     Paragraph 6 inserts a new section 21A into the 2000 Act, which requires each sub-group of the Belfast DPP to produce an annual report to the Belfast DPP within two months of the end of each financial year. The report is to include an account of any arrangements the sub-group has made for obtaining the views and co-operation of the public (new section 21A(2)). New section 21A(3) requires the sub-group to consult the local district police commander before submitting its report.

52.     Paragraph 7 inserts a new section 21B into the 2000 Act, which deals with the arrangements for the Belfast DPP to provide an annual report to Belfast City Council. This new section replaces, in respect of the Belfast DPP, the existing arrangements in section 17 of the 2000 Act (see also the notes on paragraph 3 above). The provisions of the new section 21B reflect those that apply to other DPPs under section 17 of the 2000 Act. Additionally the new provisions take account of the need for the Belfast DPP to consult its sub-groups and to report on their activities as well as its own by:

• giving it a longer period (four months, compared with three months for other DPPs) within which to produce its annual report (the new section 21B(1)); and

• requiring it to include with its report copies of all the sub-group annual reports produced under the new section 21A (new section 21B(2) - see also notes on paragraph 6 above.

53.     Paragraph 8 inserts a new section 21C into the 2000 Act, which provides that each sub-group shall, if asked by the DPP, provide the DPP with a report on any matter connected with its functions within two months of receiving such a request. Publication of such a report is at the discretion of the DPP (new section 21C(3)), unless the DPP has asked for the report in order to help it respond to a request from the Board under section 21D(1) (see notes on paragraph 9 below).

54.     Paragraph 9 inserts a new section 21D into the 2000 Act, which deals with the arrangements for the Belfast DPP to provide reports, as required, to the Board. This new section replaces, in respect of the Belfast DPP, the existing arrangements in section 18 of the 2000 Act (see also the notes on paragraph 4 above). The provisions of the new section 21D reflect those that apply to other DPPs under section 18 of the 2000 Act. Additionally, as with the new section 21B inserted by paragraph 7, the provisions of the new section 21D take account of the need for the Belfast DPP to consult its sub-groups and to report on their activities as well as its own.

55.     Section 22 of the 2000 Act requires each police district commander to produce a local policing plan for the police district and, before doing so, to consult and take account of the views of the DPP for that district. Paragraph 10 amends section 22 to provide that, in the case of each of the Belfast police districts, the district commander must consult and take account of the views of the sub-group for that police district, as well as those of the Belfast DPP.

56.     Paragraphs 3 and 10 of Schedule 1 to the 2000 Act deal with the constitution of the Board, and provide that any member of a DPP is disqualified from holding office as a member of the Board. Paragraph 11 amends these provisions to provide that members of Belfast DPP sub-groups are also disqualified from Board membership.

57.     Paragraph 12 inserts a new paragraph 17 into Schedule 3 to the 2000 Act, which sets out some modifications to the preceding provisions of that Schedule in respect of the Belfast DPP. These provide that the political members appointed to the Belfast DPP will include each of the chairmen of the sub-groups of the Belfast DPP (new paragraph 17(2)). The council is also required, when nominating people to be considered for independent membership of the Belfast DPP, to identify whether or not they are also interested in being considered for independent membership of a sub-group (new paragraph 17(3)).

58.     Paragraph 13 inserts a new Schedule 3A into the 2000 Act to deal with the arrangements that apply to the Belfast DPP sub-groups. The provisions of this new schedule reflect very closely the existing provisions of Schedule 3 of the 2000 Act, which deals with the arrangements that apply to DPPs. The main provisions are as follows:

• sub-groups of the Belfast DPP are to have 11 members, of whom six are to be political members appointed by the council from among its members and five are to be independent members appointed by the Board (paragraph 2 of Schedule 3A);

• the political members of all of the sub-groups taken together are, so far as practicable, to reflect the balance of the parties on the council (paragraph 3(1) of Schedule 3A);

• Belfast City Council must do all it can to ensure that the chairmanship and vice-chairmanship are held by members of different political parties, that the office of chairman rotates between the four largest parties on the council, and that no political party holds the chairmanship of more than one sub-group at any one time (paragraph 9(2) of Schedule 3A);

• the Belfast DPP is given the power to give directions to the sub-groups as to the regulation of their procedures (paragraph 14(4) of Schedule 3A) and to approve or direct the establishment of committees within the sub-groups (paragraph 17(2) and (8) of Schedule 3A).

59.     Paragraph 16 deals with arrangements for making and altering appointments to the Belfast DPP during the transitional period. (The transitional period is the period from the date on which Schedule 1 to the Act comes into force, to the date of the next following local general election.) Paragraph 16(4) amends paragraph 17 of Schedule 3 to the 2000 Act (inserted by paragraph 12) to allow

• Belfast City Council, with the Board's approval, to remove an existing member of the Belfast DPP if it is necessary or expedient to do so in order to comply with the requirement to include the sub-group chairmen on the DPP (see notes on paragraph 12 above) and

• the Board to draw on existing independent members of the Belfast DPP in appointing independent members to the sub-groups, thereby avoiding those individuals having to go through the full application process for a second time.

POLICE FUNCTIONS AND SERVICE

Section 20: Core policing principles

60.     Subsection (1) inserts a new section 31A in the 2000 Act setting out what are considered to be core policing principles. It provides that police officers must carry out their functions with the aim of securing the support of the local community, and of co-operating with the local community. They must also be guided by the code of ethics issued by the Board under section 52 of the 2000 Act. This requirement is not new: it currently appears in section 32(4) of the 2000 Act, but as it affects the way the police carry out their other functions, it sits more easily in the new section 31A. Subsection (4) makes consequential amendments.

61.     Subsection (2) amends section 3 of the 2000 Act. It obliges the Board, in carrying out its functions, to monitor the performance of the police in complying with the community policing core principles set out in the new section 31A(1). Subsection (3) obliges the Board to include an assessment of the performance of the police in this respect in its annual report. Subsection (5) amends section 27 of the 1998 Act, which deals with PSNI members on secondment or "relevant service" to other police services. The effect of the amendment is that a member of the PSNI on relevant service will be treated for the purposes of new section 31A as if he were still a member of the PSNI.

Section 21: Chief Constable's functions

62.     Section 21 deals with the Chief Constable's functions, and amends section 33 of the 2000 Act. The amended section 33 provides (as previously) that the Chief Constable shall have regard, in carrying out his functions, both to the policing plan and to any code of practice issued under section 27 of the 2000 Act. However, a new provision is inserted (the new section 33(4)) to the effect that the Chief Constable's duty to have regard to the code of practice applies only so far as consistent with his duty to have regard to the policing plan.

Section 22: Provision of information to Board

63.     This section inserts a new section 33A into the 2000 Act. The new section places a general obligation on the Chief Constable to supply the Board with whatever information and documents it may require in order to carry out its functions.

64.     New section 33A(2), however, exempts the Chief Constable from supplying any information if, in his opinion, its disclosure would be likely to put an individual in danger, or if he considers that it ought not to be disclosed on any of the grounds mentioned in the new section 76A(1) of the 2000 Act (see notes on section 29 below).

65.     New section 33A(4) provides that, where the Chief Constable supplies information of a sensitive nature (as defined by the new section 33A(3)), to the Board, he must inform the Secretary of State that the information has been supplied, and notify both the Secretary of State and the Board of its sensitive nature.

Section 23: Appointment of constables with special policing skills

66.     Section 36 of the 2000 Act provides that a person may not be appointed to the rank of constable within the PSNI unless he has completed a specified period of service as a police trainee, and complied with any other specified training requirements. Police trainees are recruited under section 39 of the 2000 Act, and are subject to the temporary provisions relating to discrimination in appointments set out in section 46 of that Act.

67.     Subsection (3) inserts a new section 47A into the 2000 Act. This provides for circumstances in which the Board may, at the request of the Chief Constable, authorise the appointment as constables in the PSNI of persons who have a specified policing skill, but who have not complied with the specified training requirements at section 36 of the 2000 Act. The Board may only give such an authorisation if it is satisfied that there is a need for more persons with a particular skill at constable rank, and that this need cannot be filled through appointing persons who have complied with the training requirements at section 36(the new section 47A(3)). Subsection (5) amends paragraph 17 of Schedule 1 to the 2000 Act to provide that any authorisation made under the new section 47A must be approved unanimously by all Board members present and voting on the proposal.

68.     Subsection (6) provides that the provisions of section 23 will expire two years after Royal Assent to the Act. Subsections (7)-(9) provide that the Secretary of State may, by Order, extend this period to four years with the authorisation of the Board. An authorisation to this effect must be approved unanimously by all members of the Board present and voting on the issue.

Section 24: Fixed-term appointments

69.     Section 24 makes provision for fixed term appointments to the PSNI. Subsection (1) inserts a new section 36A into the 2000 Act, permitting the Chief Constable to appoint persons to the PSNI for a fixed term of up to three years (new section 36A(1)). The Chief Constable may not appoint anyone under this provision to the rank of constable or to the rank of a senior officer (new section 36A(3)). The Secretary of State is given the power to modify by order the provisions of Northern Ireland policing legislation (the 1998 Act and the 2000 Act) as they apply to people appointed through this route, where he considers appropriate. However, before making such an order, the Secretary of State is obliged to consult the Board and the Police Association. Subsection (2) makes a consequential amendment to section 25(6) of the 1998 Act, which relates to regulations as to conditions of service of members of the PSNI.

Section 25: Members of PSNI engaged on other police service

70.     Section 25 amends section 27 of the 1998 Act insofar as it deals with members of the PSNI engaged on other police service under section 8 of that Act. The amendment relates to regulations dealing with discipline or appeals, which are made in respect of members of the PSNI who have completed a period of temporary service in accordance with arrangements under section 8 of the 2000 Act. Its effect is that these regulations may permit disciplinary investigations and hearings held in a country outside the United Kingdom to be treated by the PSNI as though they were carried out by the PSNI as part of its own disciplinary procedure.

Section 26: Protected disclosures by police officers

71.     The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) provides for employees to make protected disclosures about misconduct of their colleagues without fear of subsequent discrimination. At present there is an exemption providing that police officers are not covered by this protection. Section 26 inserts a new article 67KA into the Employment Rights (Northern Ireland) Order 1996 which removes this exemption in respect of police officers.

INFORMATION AND INQUIRIES

Section 27: Restriction on disclosure of information

72.     This section inserts a new section 74A into the 2000 Act. Section 74A sets out restrictions on the disclosure of information provided by the Chief Constable to the Board, or to the committee constituted by the Board, or to a person appointed under section 60(9) of the 2000 Act to conduct an inquiry. The restrictions apply where the Chief Constable has notified the recipient that the information is of a sensitive nature, as defined in the new section 33A(3), 59(4C) or 60(10A) of the 2000 Act inserted by sections 10, 11 and 22. Subsection (8) of the new section 74A provides that any person disclosing information in contravention of section 74A shall be guilty of an offence and sets out the relevant sanctions.

Section 28: Special committee of the Board

73.     This section amends paragraph 24 of Schedule 1 to the 2000 Act to provide for the establishment of a special purposes committee to handle sensitive information supplied to it by the Chief Constable under section 59 of the 2000 Act or by a person conducting an inquiry under section 60 of that Act. The amendment requires the committee to be constituted of 7 members of the Board, including one or both of the chairman or the vice-chairman of the Board and, as far as practicable, that it should be representative of the Board.

Section 29: Disclosure of information and holding of inquiries

74.     This section inserts a new section 76A into the 2000 Act. Section 76A(1) sets out the grounds on which information ought not to be disclosed for the purposes of -

• a decision by the Chief Constable under section 33A of the 2000 Act (as inserted by section 22 of the Act), that information ought not to be disclosed by him to the Board;

• a reference by the Chief Constable to the Secretary of State under section 59(3) of the 2000 Act (as amended by section 10 of the Act) of a requirement to submit a report to the Board, where the Chief Constable considers that such a report would contain information which ought not to be disclosed; and

• the obligations imposed by section 66(3) of the 2000 Act (as inserted by section 13(4) of the Act) in relation to information supplied by the Chief Constable or the Board to the Ombudsman for the purposes of an investigation by the Ombudsman under section 60A of the 1998 Act.

75.     Section 76A(2) sets out the grounds on which an inquiry ought not to be held for the purposes of a reference by the Chief Constable to the Secretary of State under section 60(3) of the 2000 Act (as amended by section 11 of the Act) of a decision by the Board to cause an inquiry to be held.

76.     With two exceptions, the grounds set out in the new section 76A(1) and (2) mirror those previously set out in sections 59(3) and 60(3) of the 2000 Act. The exceptions are:

• The second ground of referral - sections 59(3)(b) and 60(3)(b) of the 2000 Act referred to "information of a sensitive personal nature". In the new section 76A this ground is altered so as to refer to "sensitive personnel information" (new section 76A(1)) or a "sensitive personnel matter" (new section 76A(2)). ("Personnel information" and "personnel matter" are defined in the new section 76A(3) to (6). These terms cover applicants to, and former members of, the police or other groups (e.g. civilian staff) under the direction and control of the Chief Constable);

• The fourth ground of referral at sections 59(3)(d) and 60(3)(d) of the 2000 Act (where disclosure would affect the prevention or detection of crime, or apprehension or prosecution of offenders) has been dropped.

PART 2: POLICE POWERS

DESIGNATION OF CIVILIANS

Section 30: Police powers for designated police support staff

77.     This section enables the Chief Constable to designate suitably skilled and trained civilians as one or more of the following categories of officer: investigating officer; detention officer; and escort officer. The section enables the Chief Constable to confer on such civilians some of the powers and duties otherwise only available to police officers.

78.     Subsection (1) enables the Chief Constable to designate a person who is a member of the police support staff as an officer of one or more of the following descriptions: investigating officer; detention officer; and escort officer. Subsection (2) prevents a designation being made unless the Chief Constable is satisfied that the person is a suitable person for this purpose, is capable of carrying out the functions for the purpose of which he is to be designated, and has been adequately trained. Subsection (5) limits the powers that can be conferred on designated persons to any or all of those specified in the relevant parts of Schedule 1. Subsection (7) clarifies that a designation does not authorise or require conduct other than as a member of the police support staff and that a designation may contain restrictions and conditions.

79.     Subsections (8) and (9) provide that where a power allows for the use of reasonable force when it is exercised by a constable, a person exercising that power under a designation has the same entitlement to use reasonable force; for example when carrying out a search. Subsection (10) provides that where a designation includes the power to force entry to premises, the exercise of this power will be limited to occasions when the designated person is under the direct supervision of a police officer and is accompanied by such an officer: the only exception to this requirement is when the purpose of forcing entry is to save life or limb or to prevent serious damage to property.

Section 31: Police powers for designated contracted-out staff

80.     This section enables the Chief Constable, where a contract has been entered into with the private sector for the provision of services relating to the detention or escort of persons who have been arrested or are otherwise in custody, to designate an employee of the contractor as either a detention officer or an escort officer. Subsection (3) prevents a designation being made unless the Chief Constable is satisfied that the person is a suitable person for this purpose, is capable of carrying out the functions for the purpose of which he is designated and that he has been adequately trained. The Chief Constable must also satisfy himself that the contractor is a fit and proper person to supervise the carrying out of the functions of the designated officer. Subsections (6) and (7) limit the powers that can be conferred on such contracted-out staff to any or all of those specified in the relevant parts of Schedule 2. Subsection (8) clarifies that a designation does not authorise or require conduct other than as an employee of the contractor and that a designation may contain restrictions and conditions.

81.     Subsections (9) and (10) provide that where a power allows for the use of reasonable force when it is exercised by a constable, a person exercising that power under a designation has the same entitlement to use reasonable force; for example when carrying out a search. Subsections (11) and (12) set out the duration of the designation. Unless the designation is previously withdrawn, its duration is until such time as is specified in the designation, or until the designated person ceases to be an employee of the contractor, or until the contract between the Board and the contractor expires or is terminated. Designations may be subject to renewal at any time.

Schedule 2: Powers exercisable by designated persons

82.     This Schedule relates to the provisions in sections 30 and 31 of the Act, which deal with the exercise of police powers by designated police support staff and contracted-out staff. It sets out in detail the range of powers that can be conferred on designated civilians.

Part 1: Investigating Officers

83.     This Part includes a range of powers which may be needed to support the work of civilian investigating officers in specialist areas such as financial and information technology crime. They are mainly linked to entry, search and seizure, and include powers to obtain and exercise search warrants, to seize evidence and to apply to a judge for access to confidential material. Part 1 also covers powers to enter and search premises following arrest. This set of powers is particularly relevant to the work of Scenes of Crime Officers, many of whom are already civilians.

84.     Paragraphs 1 and 2 enable a suitably designated person to apply for and be granted search warrants under section 42 of the Terrorism Act and under Article 10 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))("the 1989 Order"), and to execute warrants and to seize and retain things for which a search has been authorised under Article 10 of the 1989 Order. The power of seizure is extended to computerised information. Both paragraphs provide that the standard safeguards covering the process of applying for a search warrant, the contents of the warrant and the way in which the warrant should be exercised are extended to warrants issued to designated persons. Paragraph 2 imposes the same obligations on designated persons in relation to providing records of seizure, providing access to or copies of seized material and retaining seized material as apply to constables. It also gives the same protection from seizure to legally privileged material in relation to seizures by designated persons as applies to seizures by constables.

85.     Paragraph 3 enables a suitably designated person to obtain access to confidential material under Article 11 of the 1989 Order by making an application to a county court judge under Schedule 1 to that Order. It extends the power of seizure conferred by paragraph 10 of Schedule 1 to the 1989 Order to a designated person, enabling him to seize and retain any confidential material for which a search has been authorised under that Schedule. This power of seizure is extended to computerised information. It extends standard protections and obligations under the 1989 Order to material seized by or produced to a designated person under these provisions.

86.     Paragraph 4 enables a suitably designated person to use the powers under Article 20 of the 1989 Order to enter and search any premises occupied or controlled by a person who is under arrest for an arrestable offence and to seize and retain items found on such a search. The designated person may conduct such a search before the arrested person is taken to a police station and without obtaining the authority of an inspector if the presence of the arrested person is necessary for the effective investigation of the offence. Standard protections and obligations under the 1989 Order are extended to material seized by a designated person under these provisions. Again, the power of seizure is extended to computerised information.

87.     Paragraph 5 enables a suitably designated person, when lawfully on any premises, to exercise the same general powers to seize things as are available to a constable under Article 21 of the 1989 Order. The designated person may also make use of the power to require, in certain circumstances, the production of electronically stored material in a form in which it can be taken away. Once again, standard protections and obligations under the 1989 Order are applied.

88.     Paragraph 6 enables a suitably designated person, to supervise access to, and copying of, any material seized by a constable, where a person has the right to access or to have a copy of that material under the standard safeguards in the 1989 Order. A suitably designated person is also given power to photograph, or have photographed, anything that he has the power to seize.

89.     Paragraph 7 enables a suitably designated person to arrest a detained person for a further offence if it appears to him that the detained person would be liable to arrest for that further offence if released from his initial arrest. Article 5 of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) applies where a person is arrested by a designated person to the same extent as it would if the arrest were by a constable.

90.     Paragraph 8 enables a suitably designated person to transfer a detainee to a designated civilian investigating officer. Article 40 of the 1989 Order places on custody officers the duty to ensure that all detainees are treated in accordance with the Order and relevant codes of practice. Article 40(2) of the 1989 Order provides that if a detainee is transferred to the custody of another police officer in accordance with the 1989 Order, then that officer takes on responsibility for compliance with the duty, and the custody officer is relieved from it. Paragraph 8(4) provides that when a detainee is transferred to a designated investigating officer, the custody officer's responsibilities are similarly transferred to that designated investigating officer. Article 40(3) - which imposes a duty to report back to a custody officer, when a transferred detainee is returned to him, on compliance with Article 40 and the codes of practice - is also extended to a designated person into whose custody a detainee has been transferred. A designated investigating officer using powers under this paragraph is regarded as having the detainee in his lawful custody, with a duty to prevent his escape and entitlement to use reasonable force to prevent this.

91.     Paragraph 9 enables a suitably designated person to question an arrested person under Articles 5 and 6 of the Criminal Evidence (Northern Ireland) Order 1988 about facts which may be attributable to the person's participation in an offence, for example, the person's presence at a particular place at a relevant time or the presence of potentially incriminating objects such as a mark. A suitably designated person may also warn the suspect about the capacity of a court to draw inferences from a failure to give a satisfactory account in response to questioning.

92.     Paragraph 10 enables a suitably designated person to use extended powers of seizure and retention available to constables under Part 2 of the Criminal Justice and Police Act 2001 (c.16), where those powers supplement powers conferred on designated persons under other paragraphs of Part 1 of the Schedule. In essence this means that where a designated person has been provided with a specific power of seizure, and the exercise of the power on premises would be difficult or impossible due to the sheer bulk or complexity of the material to be searched through, that material can be moved elsewhere for sifting, subject to a range of detailed safeguards.