Commentary on Sections Independent Police Complaints Commission Section 136: Application to IPCC of provisions about investigation of offences
378.This section amends paragraph 19 of Schedule 3 to the 2002 Act which relates to those investigations carried out by the IPCC itself. Paragraph 19(6) already confers a power on the Secretary of State to make an order specifying the provisions in the Police and Criminal Evidence Act 1984 (“PACE”) relating to the investigation of criminal offences by police officers which will apply, subject to any specified modifications, to the investigation of offences by members of staff of the IPCC.
379.Subsection (2) amends paragraph 19(6) to extend the scope of this order-making power so that an order may also specify the provisions of PACE relating to the investigation of criminal offences by police officers and the provisions of a code of practice issued under sections 60 (tape-recording of interviews), 60A (visual recording of interviews) or 66 (codes of practice) of that Act which will apply, subject to any specified modifications, to the investigation of offences by members of the IPCC’s staff.
380.Subsection (3) inserts new sub-paragraph (6A) into paragraph 19 of Schedule 3 to the 2002 Act. This enables the power conferred by sub-paragraph (6) to provide, in particular, that a member of the IPCC’s staff may exercise a power under PACE in respect of which authorisation would otherwise be required by a police officer of or above a particular rank if authorisation is given by a member of the IPCC’s staff of or above a specified grade.
381.An order is expected to be made in respect of a number of powers relating to entry and search of premises and the questioning of persons in PACE and the codes of practice issued under sections 60, 60A and 66 of that Act. For example, if the IPCC seeks authority to interview a suspect who wishes to have legal advice but has not yet received it pursuant to paragraph 6.6(b)(i)/(ii)/Note 6A of PACE Code C (Code of Practice for the detention, treatment and questioning of persons by police officers52), it must seek authorisation from a police officer ranked superintendent or above. It is proposed that under the new power, a senior member of the IPCC will be able to authorise the use of this power in an investigation.
382.The purpose of this power is to maintain the IPCC’s ability to investigate matters independently and expeditiously, in particular in investigations which involve alleged criminality on the part of those serving with the police.