Police Act 1997

86 Liability for wrongful acts of constables etc. E+W

(1) The Director General of the National Crime Squad shall be liable in respect of [F1 any unlawful conduct of] constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of [F1 any unlawful conduct of] his servants in the course of their employment, and accordingly shall [F2 , in the case of a tort,] be treated for all purposes as a joint tortfeasor.

(2) There shall be paid out of the NCS service fund—

(a) any damages or costs awarded against the Director General in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and

(b) any sum required in connection with the settlement of any claim made against the Director General by virtue of this section, if the settlement is approved by the NCS Service Authority.

(3) Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of the National Crime Squad for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in subsections (1) and (2) to the Director General shall be construed accordingly.

(4) The NCS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCS service fund—

(a) any damages or costs awarded against a person to whom this subsection applies in proceedings for [F3 any unlawful conduct of] that person,

(b) any costs incurred and not recovered by such a person in such proceedings, and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(5) Subsection (4) applies to a person who is—

(a) a member of the National Crime Squad, or

(b) a constable for the time being required to serve with the M1 National Crime Squad by virtue of section 23 above or section 24 or 98 of the Police Act 1996.

[F4 (6) This section shall have effect where an international joint investigation team has been formed under the leadership of a member of the National Crime Squad as if—

(a) any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor a member of the National Crime Squad were unlawful conduct of a constable under the direction and control of the Director General of that Squad; and

(b) subsection (4) applied to every member of that team to whom it would not apply apart from this subsection.

(7) In this section “international joint investigation team” means any investigation team formed in accordance with—

(a) any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c) any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.

(8) A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Words in s. 86(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(1)(a)(2)(d); S.I. 2002/2306, art. 2(f)(xi)

F2 Words in s. 86(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(1)(b)(2)(d); S.I. 2002/2306, art. 2(f)(xi)

F3 Words in s. 86(4)(a) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 102(4)(5)(c); S.I. 2002/2306, art. 2(f)(xi)

F4 S. 86(6)-(8) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 103(3); S.I. 2002/2306, art. 2(f)(xii)

Marginal Citations

M1 1996 c. 16.