Police (Northern Ireland) Act 2000 (c. 32)

(The document as of February, 2008)

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(a) in the interests of national security,

(b) because it relates to an individual and is of a sensitive personal nature,

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders,

he may refer the requirement to submit the report to the Secretary of State.

(4) The Secretary of State may within the period of 30 days from the date of referral of the requirement to submit the report by the Chief Constable, or within such longer period as may be agreed between the Board and the Secretary of State, modify or set aside the requirement, as necessary, in order to exempt the Chief Constable from the obligation to report information which, in his opinion, ought not to be disclosed on any of the grounds mentioned in subsection (3).

(5) The Board may arrange, or require the Chief Constable to arrange, for a report under this section to be published in such manner as appears to the Board to be appropriate.

60 Inquiry by Board following report by Chief Constable

(1) Where the Board--

(a) has considered a report on any matter submitted by the Chief Constable under section 59, and

(b) considers that an inquiry ought to be held under this section into that matter or any related matter disclosed in the report by reason of the gravity of the matter or exceptional circumstances,

the Board may, after consultation with the Chief Constable, cause such an inquiry to be held.

(2) The Board shall immediately--

(a) inform the Chief Constable, the Ombudsman and the Secretary of State of any decision to cause an inquiry to be held under this section and of any matter into which inquiry is to be made; and

(b) send a copy of the relevant report under section 59 to the Secretary of State.

(3) If it appears to the Chief Constable that such an inquiry should not be held--

(a) in the interests of national security,

(b) because any matter into which inquiry is to be made relates to an individual and is of a sensitive personal nature,

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders,

he may refer the decision of the Board to cause an inquiry to be held to the Secretary of State.

(4) The Secretary of State may within the period of 30 days from the date of referral of the decision of the Board by the Chief Constable, or within such longer period as may be agreed between the Board and the Secretary of State, overrule the decision of the Board.

(5) The Secretary of State may overrule the Board only if, in his opinion, the inquiry should not be held on a ground mentioned in subsection (3).

(6) The Board may request a person mentioned in subsection (8) to conduct an inquiry under this section.

(7) The person mentioned in subsection (8) may comply with the request under subsection (6) and shall do so if so directed by the Secretary of State.

(8) The persons are--

(a) the Comptroller and Auditor General;

(b) the Ombudsman;

(9) The Board may, with the agreement of the Secretary of State, appoint any other person to conduct an inquiry under this section.

(10) An inquiry under this section shall be held in public except where the person conducting it decides that it is necessary in the public interest not to do so.

(11) An inquiry under this section may not deal with a pre-commencement matter.

(12) But subsection (11) does not prevent a person conducting an inquiry under this section from considering information relating to a pre-commencement matter if, and only to the extent that, consideration of that information is necessary for him to be able to discharge his functions in relation to the subject matter of the inquiry.

(13) "Pre-commencement matter" means any act or omission which occurred, or is alleged to have occurred, before the coming into force of this section.

(14) Paragraphs 2 to 5 of Schedule 8 to the [1972 NI 14.] Health and Personal Social Services (Northern Ireland) Order 1972 (inquiries and investigations) shall apply to an inquiry under this section with the substitution for references to the Ministry of references to the person conducting the inquiry.

(15) The Board shall pay--

(a) any expenses incurred by the person conducting an inquiry under this section; and

(b) any expenses incurred by any parties appearing at such an inquiry.

(16) The Board shall send a copy of the report of any inquiry under this section to--

(a) the Chief Constable;

(b) the Ombudsman; and

(17) Where the report of the person conducting an inquiry under this section is not published, a summary of his findings and conclusions shall be made known by the Board so far as appears to it consistent with the public interest.

61 Reports by Chief Constable to Secretary of State

(1) The Chief Constable shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the policing of Northern Ireland as may be specified in the requirement.

(2) A report under subsection (1) shall be made--

(a) in such form as may be specified in the requirement under that subsection; and

(b) within the period of one month from the date on which that requirement is made, or within such longer period as may be agreed between the Chief Constable and the Secretary of State.

(3) The Secretary of State may arrange, or require the Chief Constable to arrange, for a report under subsection (1) to be published in such manner as appears to the Secretary of State to be appropriate.

Part VIII The police ombudsman

62 Mediation

(1) After section 58 of the 1998 Act there shall be inserted--

" 58A Steps to be taken after investigation – mediation

(1) If the Ombudsman--

(a) determines that a report made under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, and

(b) considers that the complaint is not a serious one,

he may determine that the complaint is suitable for resolution through mediation.

(2) If he does so, he must inform the complainant and the member of the police force concerned.

(3) If the complainant and the member of the police force concerned agree to attempt to resolve the complaint through mediation, the Ombudsman shall act as mediator.

(4) Anything communicated to the Ombudsman while acting as mediator is not admissible in evidence in any subsequent criminal, civil or disciplinary proceedings.

(5) But that does not make inadmissible anything communicated to the Ombudsman if it consists of or includes an admission relating to a matter which does not fall to be resolved through mediation.

(6) If a complaint is resolved through mediation under this section, no further proceedings under this Act shall be taken against the member of the police force concerned in respect of the subject matter of the complaint. "

(2) For subsection (1) of section 59 of the 1998 Act (disciplinary proceedings) there shall be substituted--

" (1) Subsection (1B) applies if--

(a) the Director decides not to initiate criminal proceedings in relation to the subject matter of a report under section 56(6) or 57(8) sent to him under section 58(2); or

(b) criminal proceedings initiated by the Director in relation to the subject matter of such a report have been concluded.

(1A) Subsection (1B) also applies if the Ombudsman determines that a report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force and--

(a) he determines that the complaint is not suitable for resolution through mediation under section 58A; or

(b) he determines that the complaint is suitable for resolution through mediation under that section but--

(i) the complainant or the member of the police force concerned does not agree to attempt to resolve it in that way; or

(ii) attempts to resolve the complaint in that way have been unsuccessful.

(1B) The Ombudsman shall consider the question of disciplinary proceedings. "

(3) After subsection (2) of that section, there shall be inserted--

" (2A) In a case mentioned in subsection (1A)(b), the Ombudsman shall, in considering the recommendation to be made in his memorandum, take into account the conduct of the member of the police force concerned in relation to the proposed resolution of the complaint through mediation. "

(4) In section 64(2) of the 1998 Act (regulations)--

(a) in paragraph (b), after "resolution" insert "or mediation";

(b) in paragraph (c), after "informally" insert "or through mediation"; and

63 Reports by Ombudsman to Chief Constable and Board

(1) After section 61 of the 1998 Act there shall be inserted--

" 61A Reports to Chief Constable and Board

(1) The Ombudsman may make to the Chief Constable and the Board a report on any matters concerning the practices and policies of the police which--

(a) come to the Ombudsman's attention under this Part; and

(b) should, in the opinion of the Ombudsman, be drawn to the attention of the Chief Constable and the Board.

(2) The Ombudsman may carry out research into any matter which may be the subject of a report under subsection (1). "

(2) In section 63 of the 1998 Act (restriction on disclosure of information), after subsection (2) there shall be inserted--

" (2A) Subsection (1) does not prevent the Ombudsman, to such extent as he thinks it necessary to do so in the public interest, from disclosing in a report under section 61A--

(a) the identity of an individual, or

(b) information from which the identity of an individual may be established. "

64 Supply of information by Ombudsman to Board

After section 61A of the 1998 Act there shall be inserted--

" 61AA Supply of information by Ombudsman to Board

(1) The Ombudsman shall compile, and supply the Board with, such statistical information as is required to enable the Board to carry out its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000.

(2) The Ombudsman shall consult the Board as to--

(a) the information to be supplied under subsection (1); and

(b) the form in which such information is to be supplied.

(3) The Ombudsman shall supply the Board with any other general information which the Ombudsman considers should be brought to the attention of the Board in connection with its functions under section 3(3)(c)(i) of the Police (Northern Ireland) Act 2000. "

65 Limits on complaints and references to Ombudsman

In section 64 of the 1998 Act (regulations) after subsection (2) there shall be inserted--

" (2A) The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed--

(a) this Part shall not apply to a complaint about the conduct of a police officer which took place more than the prescribed period before the date on which the complaint is made or referred to the Ombudsman under section 52(1);

(b) the Ombudsman shall not investigate any matter referred to him under section 55(1), (2) or (4) if the actions, behaviour or conduct to which the matter relates took place more than the prescribed period before the date on which the reference is made;

(c) the Ombudsman shall not at any time commence a formal investigation under section 55(6) of any matter if the actions or behaviour to which the matter relates took place more than the prescribed period before that time;

(d) to the extent that the subject matter of a complaint falls within the jurisdiction of --

(i) the tribunal constituted under section 65(1) of the [2000 c. 23.] Regulation of Investigatory Powers Act 2000, or

(ii) a person appointed under Part IV of that Act,

the Ombudsman shall not investigate it. "

66 Access by Ombudsman to information and documents

The Chief Constable and the Board shall supply the Ombudsman with such information and documents as the Ombudsman may require for the purposes of, or in connection with, the exercise of any of his functions.

Part IX Miscellaneous and supplementary

Miscellaneous

67 The Commissioner

(1) The Secretary of State may appoint a Commissioner to discharge the general function mentioned in subsection (3).

(2) A person for the time being holding the office of Commissioner under subsection (1) is referred to in this Act as "the Commissioner".

(3) The Commissioner's general function is to oversee the implementation of changes in the policing of Northern Ireland (including, in particular, those resulting from this Act) described in his terms of reference.

(4) Schedule 4, which makes further provision about the Commissioner, shall have effect.

(5) The office of Commissioner shall cease to exist on 31st May 2003, unless before that date an order is made under subsection (6).

(6) The Secretary of State may by order provide that the office of Commissioner (whether or not it then exists as a result of a previous order under this subsection) shall continue to exist for a period not exceeding three years from the date on which the order comes into operation.

68 Reports by the Commissioner

(1) The Commissioner shall make periodic reports to the Secretary of State on the implementation of the changes described in his terms of reference.

(2) There shall be at least three periodic reports in each year.

(3) The Commissioner may at any time make a report to the Secretary of State on matters arising in the course of his performance of his general function.

(4) The Secretary of State--

(a) shall lay each report made to him under this section before each House of Parliament; and

(b) arrange for the report to be published in such manner as appears to him to be appropriate.

69 General duty of Secretary of State

(1) The Secretary of State shall exercise his functions under the Police Acts in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of--

(a) the police;

(b) the police support staff; and

(2) In carrying out those functions, the Secretary of State shall have regard to the principle that the policing of Northern Ireland is to be conducted in an impartial manner.

70 The Royal Ulster Constabulary GC Foundation

(1) The Secretary of State may by regulations establish a foundation to be known as "The Royal Ulster Constabulary GC Foundation" for the purpose of marking the sacrifices and honouring the achievements of the Royal Ulster Constabulary.

(2) Regulations under this section--

(a) shall provide for the status and constitution of the foundation;

(b) shall provide for the foundation to have power to support the professional development of police officers and innovations in policing;

(c) shall enable the foundation to undertake joint initiatives with the Royal Ulster Constabulary Widows Association, the Royal Ulster Constabulary Disabled Police Officers Association or any other organisation or person within the Royal Ulster Constabulary family, as may be appropriate in matters of common interest;

(d) may provide for the foundation to have such other functions as are prescribed by the regulations;

(e) may provide for the procedures of the foundation; and

(f) make such other provision concerning the foundation as the Secretary of State thinks necessary or expedient for the proper functioning of the foundation.

(3) The Secretary of State may make payments to, or for the purposes of, the foundation.

71 Traffic wardens

(1) The Board shall appoint traffic wardens on such terms and conditions as the Secretary of State may determine.

(2) Traffic wardens shall be under the direction and control of the Chief Constable.

(3) Where a complaint is made by a member of the public against a traffic warden, the complaint shall be referred to the Chief Constable who shall (unless the complaint alleges an offence with which the traffic warden has then been charged) forthwith record the complaint and cause it to be investigated.

72 Video recording of interviews

(1) The [1989 NI 12.] Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

(2) After Article 60 there shall be inserted the following Article--

" 60A Video recording of interviews

It shall be the duty of the Secretary of State--

(a) to issue a code of practice in connection with the video-recording with sound of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations;

(b) to make an order (subject to Article 89) requiring the video-recording with sound of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being. " .

(3) In Article 66(2) (codes of practice – supplementary) after "Article 60" there shall be inserted ", 60A".

(4) In Article 89 (orders and regulations) after "Articles 60" there shall be inserted ", 60A".

73 Places of detention: lay visitors

(1) The Board shall make, and keep under review, arrangements for designated places of detention to be visited by persons appointed under the arrangements ("lay visitors").

(2) The arrangements shall require a report on each visit to be made to the Board and the Chief Constable by the lay visitor concerned.

(3) The report shall deal with--

(a) the conditions under which persons are held in the designated place of detention concerned and with their welfare and treatment;

(b) the adequacy of facilities at that place of detention;

(4) The arrangements may confer on lay visitors such powers as the Board considers necessary to enable the report required as a result of subsection (2) to be made and may, in particular, confer on them a power to--

(a) require access to be given to each designated place of detention;

(b) examine records relating to the holding of persons there;

(d) inspect the facilities there including, in particular, washing and toilet facilities and the facilities for the provision of food.

(5) A power conferred as a result of subsection (4)(b) or (c) may be exercised only with the consent of the person concerned.

(6) Any power conferred by the arrangements may be subject to such limitations as may be specified in the arrangements.

(7) The arrangements shall provide that a person may not be appointed as a lay visitor if--

(a) he is a member of the Board; or

(b) he is, or has been, a police officer.

(8) The Board may issue, and from time to time revise, guidance to lay visitors about the discharge of their functions under this section.

(9) "Designated place of detention" means a police station for the time being designated under Article 36 of the Police and Criminal Evidence (Northern Ireland) Order 1989, except so much of the station as is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the [2000 c. 11.] Terrorism Act 2000.

(10) The Secretary of State may by order specify as designated places of detention for the purposes of this section--

(a) a part of any police station if that part is for the time being designated for the purposes of paragraph 1 of Schedule 8 to the Terrorism Act 2000,

(b) any other place which is designated under any enactment as a place in which persons may be detained.

74 Application to police of anti-discrimination legislation

Schedule 5, which amends in their application to the police and other bodies of constables--

(a) the [1976 NI 15.] Sex Discrimination (Northern Ireland) Order 1976,

(b) the [1997 NI 6.] Race Relations (Northern Ireland) Order 1997, and

shall have effect.

Supplementary

75 Expenses of Secretary of State

There shall be defrayed out of money provided by Parliament--

(a) any expenditure of the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums so payable under any other statutory provision.

76 Orders and regulations

(1) Any power of the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory rule for the purposes of the [1979 NI 12.] Statutory Rules (Northern Ireland) Order 1979.

(2) Orders or regulations under this Act--

(a) may make different provision for different purposes, cases and circumstances;

(b) may contain such consequential, supplementary and transitional provisions as appear to the Secretary of State to be appropriate.

(3) Subsections (1) and (2) do not apply to vesting orders made under section 7.

(4) A draft of a statutory rule to be made under section 47(3) or 54 shall be laid before Parliament in like manner as a draft of a statutory instrument and section 6 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

(5) A statutory rule made under this Act (other than one made under a provision mentioned in subsection (4) or containing an order under section 79) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

77 Interpretation

(1) In this Act--

"the 1998 Act" means the [1998 c. 32.] Police (Northern Ireland) Act 1998;
"the Board" means the Northern Ireland Policing Board;
"building" includes any structure;
"the Chief Constable" means the Chief Constable of the Police Service of Northern Ireland;
"civil service" means the civil service of Northern Ireland or the civil service of the United Kingdom;
"equipment" includes vehicles, apparatus, furniture, fittings, accoutrements and clothing;
"financial year" means the period of 12 months ending with 31st March;
"functions" includes powers and duties;
"the Ombudsman" means the Police Ombudsman for Northern Ireland;
"the police" means--
(a)
the Police Service of Northern Ireland; and
(b)
the Police Service of Northern Ireland Reserve;
"Police Association" means the Police Association for Northern Ireland;
"the Police Acts" means this Act and the 1998 Act;
"police officer" means a person who is--
(a)
a member of the Police Service of Northern Ireland; or
(b)
a member of the Police Service of Northern Ireland Reserve;
"police purposes" means the purposes of the police, the police support staff, police trainees, police reserve trainees, police cadets and traffic wardens;
"Police Service of Northern Ireland" means the body of constables mentioned in section 1(1);
"Police Service of Northern Ireland Reserve" means the body of constables mentioned in section 1(3);
"police reserve trainee" has the meaning given by section 37(3);
"police trainee" has the meaning given by section 36(3);
"police support staff" has the meaning given by section 4(6);
"the policing plan" has the meaning given by section 26(1);
"provide" and "maintain" have the same meaning as, by virtue of section 147 of the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972, they have for the purposes of that Act;
"senior officer", in relation to the Police Service of Northern Ireland, means an officer above the rank of superintendent;
"statutory authority" means--
(a)
a body constituted under a statutory provision; or
(b)
a person holding office under a statutory provision;
"statutory provision" has the meaning given by section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.

(2) Subsections (2) to (4) of section 39 of the Interpretation Act (Northern Ireland) 1954 apply for the purpose of calculating a period of time laid down by or under this Act.

78 Amendments, transitional and transitory provisions and repeals

(1) The statutory provisions mentioned in Schedule 6 shall be amended as provided in that Schedule.

(2) In relation to any time after the coming into force of this subsection, any reference in any statutory provision or other document--

(a) to the Chief Constable of the Royal Ulster Constabulary shall be construed as a reference to the Chief Constable of the Police Service of Northern Ireland;

(b) to a person holding any other particular rank, or a rank of a particular description, in the Royal Ulster Constabulary shall be construed as a reference to a person holding that rank, or a rank of that description, in the Police Service of Northern Ireland;

(c) to a member of the Royal Ulster Constabulary shall be construed as a reference to a member of the Police Service of Northern Ireland;

(d) to a member of the Royal Ulster Constabulary Reserve shall be construed as a reference to a member of the Police Service of Northern Ireland Reserve;

(e) to the Royal Ulster Constabulary Reserve shall be construed as a reference to the Police Service of Northern Ireland Reserve;

(f) to the Royal Ulster Constabulary in any other context shall be construed as a reference to the Police Service of Northern Ireland.

(3) Schedule 7 (which contains transitional and transitory provisions) shall have effect.

(4) The statutory provisions mentioned in Schedule 8 are repealed to the extent specified in the third column of that Schedule.

79 Commencement

(1) Except as provided by subsection (2), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order appoint.

(2) The following provisions come into force on the day on which this Act is passed--

(a) section 49;

(b) sections 67 and 68;

(d) Part III of Schedule 1 and section 2(2) so far as relating thereto;

(e) Schedule 4;

(f) paragraphs 3(4) and 4(3) of Schedule 6 and section 78(1) so far as relating thereto;

(g) paragraph 1 of Schedule 7 and section 78(3) so far as relating thereto.

(3) An order under this section may appoint different days for different purposes and for different provisions.

(4) An order under this section may contain such transitional provisions or savings (including provisions modifying this Act or any other statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.

80 Extent

(1) Except as provided by subsections (2) and (3), this Act extends to Northern Ireland only.

(2) Section 78(2) extends also to England and Wales and Scotland.

(3) The amendments and repeals in Schedules 6 and 8 have the same extent as the statutory provisions to which they relate.

81 Short title

This Act may be cited as the Police (Northern Ireland) Act 2000.

SCHEDULES

Section 2.

SCHEDULE 1 The Northern Ireland Policing Board

Part I Status and membership

Status

1 (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Board's property shall not be regarded as property of, or property held on behalf of, the Crown.

(2) Subject to the provisions of this Act, section 19 of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to the Board; and, for the purposes of that section, the Board shall be treated as if it were established by an Act of the Northern Ireland Assembly.

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