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Analysis of the 2012 Regulations for Conduct and Performance and the Police Appeals Tribunal Rules

Aaron Rathmell has prepared a useful summary of changes to the Police (Performance) Regulations 2012, Police (Conduct) Regulations 2012 and Police Appeals Tribunals Rules 2012.

You can find a copy of his 2012 Regulations Update here.

The changes are due to come into effect on 22nd November 2012, following the election of the Police and Crime Commissioners.

New legislation to give the IPCC the power to compel police officers to attend interviews

On 22 November 2012 the Police (Complaints and Conduct) Bill had its first reading in the House of Commons. You can follow the progress of the Bill, which is being fast tracked through Parliament, here. Introducing the Bill the Home Secretary said:

“I have today published fast-track legislation that will enable the IPCC to conduct a thorough, transparent and exhaustive investigation into the Hillsborough disaster…. These enhancements are being made at the request of the IPCC and will ensure they can investigate the conduct of the police at Hillsborough in depth and without delay….” 

New offences of Stalking come into effect

From Sunday 25 November 2012, two new offences have come into existence in England and Wales relating to stalking. There is also a new power of entry and search for the summary stalking offence.

The offences are introduced into the Protection from Harassment Act 1997 by s.111 of the Protection of Freedoms Act 2012.

Section 2A of the Protection from Harassment Act 1997 (‘the Act’) creates the offence of Stalking (a summary only offence), while s.4A creates the offence of “Stalking involving fear of violence or serious alarm or distress”, triable either way. The new offences do not criminalise behaviour that was previously lawful, but are targeted at the particular type of harassment that also constitutes stalking.

Imminent Changes to the Police Conduct and Performance Regimes and Police Appeals Tribunal

The Government has now laid before Parliament amended Regulations dealing with the procedures for police conduct, performance and rules covering appeals to the Police Appeals Tribunal. The changes are due to come into effect on 22nd November 2012.

A commentary on the principle changes to each of these regimes will follow in the coming days. In the meantime, links to the Rules and Regulations are set out below:

Police Appeals Tribunal Rules 2012

The Police (Performance) Regulations 2012

The Police (Conduct) Regulations 2012