Police Reform Act 2002

 "An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes." [Long title of Police Reform Act]

When?

The Police Reform Bill received Royal Assent on 24 July 2002. The provisions of the Act will be brought into force in stages by means of commencement orders. The first provisions are expected to come into operation in the autumn.

What is in the Act?

The Full text of the Police Reform Act 2002 is available here. The accompanying Explanatory Notes here and a summary of the provisions in the Act here.

The Act implements those parts of the police reform programme that required primary legislation.
The main provisions of the Act:

• introduce an Annual Policing Plan setting out the Government's strategic priorities for policing over the coming year and require police authorities to produce a three year strategy plan consistent with the national policing plan;
  
  
• provide powers to ensure the consistent application of good practice across the country through statutory codes of practice and a power to make regulations governing policing practices and procedures;
  
  
• provide powers to require a police force to take remedial action (to be set out in an action plan submitted by the Police Authority to the Home Secretary) where they are judged by HMIC to be inefficient or ineffective;
  
  
• strengthen police authorities' powers to require the early departure of, or to suspend, a chief constable in the public interest;
  
  
• enable chief officers to designate police authority support staff as Community Support Officers, investigating officers, detention officers or escort officers in order to support police officers in tackling low level crime and anti-social behaviour and to free up officers for front line duties;
  
  
• introduce arrangements for the accreditation of members of the 'extended police family' (e.g. neighbourhood and street wardens);
  
  
• establish new independent arrangements for the investigation of complaints against the police and the Independent Police Complaints Commission;
  
  
• modify certain police powers, including by adding to the list of arrestable offences, placing independent custody visiting on a statutory footing, and conferring a power on a medical practitioner to take a blood sample from an unconscious driver ;
  
  
• enhancing police powers to deal with the anti-social use of motor vehicles on public roads or off-road;
  
  
• enhancing the effectiveness of anti-social behaviour orders (ASBOs) and sex offender orders, including by introducing interim orders;
  
  
• remove the bar on the recruitment of foreign nationals as police officers;
  
  
• enable the National Crime Squad (NCS) and National Criminal Intelligence Service (NCIS) to recruit police officers directly from police forces rather than rely on secondments and open up the post of Director General of NCIS to non-police officers;
  

Official transcripts for each parliamentary stage of the Police Reform Bill are available below:

The Police Reform Bill was also scrutinised by the Home Affairs Committee. Written and oral evidence was taken from all the main interested parties, prior to the publication of the Second Report from the Home Affairs Committee, Session 2001-02, on the Police Reform Bill (HC 612) on 7 May. The Government response to this report was published on 3 July, and can be viewed here

What other law governs the police?

* Police Act 1996  - provides for the organisation of police forces; sets out the functions of the Home Secretary and Her Majesty's Inspectors of Constabulary; continues in being police representative institutions including the Police Federation and Police Negotiating Board; and sets out the functions of the Police Complaints Authority and the procedures for handling complaints and undertaking disciplinary proceedings.

* Police and Criminal Evidence Act 1984 - sets out police powers in relation to stop and search; entry, search and seizure; arrest; detention; and the questioning and treatment of persons by the police.

* Police Act 1997  - makes provision for the National Criminal Intelligence Service, the National Crime Squad and the Police Information Technology Organisation.

* Local Government Act 1999 -makes provision imposing on police authorities (amongst others) Best Value requirements relating to economy, efficiency and effectiveness.

* Criminal Justice and Police Act 2001 - amends the Police and Criminal Evidence Act 1984; establishes the Central Police Training and Development Authority; and makes further provision about the National Criminal Intelligence Service and the National Crime Squad.

* Crime and Disorder Act 1998 - establishes local partnerships between police, local authorities and others to help fight crime.

How do MPs deal with a Bill?
For a short guide to the parliamentary stages of a Government Bill see House of Commons fact sheet Legislation Series No. 1

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