Click here to load reader

April Digest 2016 - College of Policing · PDF file Investigatory Powers Bill published The Investigatory Powers Bill, which was introduced on 1 March 2016, provides an updated framework

  • View
    1

  • Download
    0

Embed Size (px)

Text of April Digest 2016 - College of Policing · PDF file Investigatory Powers Bill published The...

  • college.police.uk

    Digest April 2016 A digest of police law, operational policing practice and criminal justice

    BetterEvidence forBetterPolicing

  • OFFICIAL Digest April 2016

    © College of Policing (2016)

    OFFICIAL

    © College of Policing Limited 2016

    This publication is licensed under the terms of the Non-Commercial College Licence v1.1 except where otherwise stated. To view this licence visit http://www.college.police. uk/Legal/Documents/Non_Commercial_ College_Licence.pdf

    Where we have identified any third-party copyright information, you will need to obtain permission from the copyright holders concerned.

    This publication is available for download at college.police.uk

    Any enquiries regarding this publication or to request copies in accessible formats please contact us at [email protected]

    The Digest is a primarily legal environmental scanning publication intended to capture and consolidate topical and key issues, both current and future, impacting on all areas of policing.

    During the production of the Digest, information is included from governmental bodies, criminal justice organisations and research bodies. As such, the Digest should prove an invaluable guide to those responsible for strategic decision making, operational planning and police training.

    The College of Policing is also responsible for Authorised Professional Practice (APP). APP is the official and most up-to-date source of policing practice and covers a range of policing activities such as: police use of firearms, treatment of people in custody, investigation of child abuse and management of intelligence. APP is available online at www.app.college.police.uk

    Any enquiries regarding this publication or to request copies in accessible formats please contact us at [email protected]

    http://www.college.police.uk/Legal/Documents/Non_Commercial_College_Licence.pdf http://www.college.police.uk/Legal/Documents/Non_Commercial_College_Licence.pdf http://www.college.police.uk/Legal/Documents/Non_Commercial_College_Licence.pdf http://www.app.college.police.uk mailto:digest%40college.pnn.police.uk?subject= http://www.app.college.police.uk mailto:digest%40college.pnn.police.uk?subject=

  • OFFICIAL Digest April 2016

    © College of Policing (2016)

    OFFICIAL 3

    Overview 4 Legislation 5 Bills before parliament 5 Policing and Crime Bill 5 Recently announced Bills 7 Investigatory Powers Bill published 7 Statutory Instruments 9 Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) 9 (England and Wales) (No. 2) Order 2016 Proceeds of Crime Act 2002 (Investigations: Code of Practice) (England and Wales 9 and Northern Ireland) Order 2016 Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) 9 (England and Wales and Northern Ireland) Order 2016 Modern Slavery Act 2015 (Commencement No. 4) Regulations 2016 10 Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) 10 (Amendment) Order 2016 Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) 10 (Prescription of Arrangement for Monitoring) Order 2016 Firearms (Amendment) Rules 2016 10 Case law 11 Evidence and procedure 11 R v Drinkwater [2016] EWCA Crim 16 11 Human rights 13 Armani Da Silva v the United Kingdom (application no. 5878/08) 13 Policing practice 14 Crime 14 Terrorism statistics released 14 Police 16 Report on police response to missing and absent children published 16 Consultation on PACE Codes launched 17 HMIC report on state of policing published 18 HOC 001/2016: schedule 7 to the Terrorism Act 2000 19 New guidance on reporting concerns 20 New guidelines on prosecuting social media cases 20 Criminal justice system 21 British prosecutors sign up to anti-trafficking commitment 21 Reforms to the IPCC announced 21 VAWG strategy 2016-2020 22 Modern crime prevention strategy published 23

    Contents

  • OFFICIAL Digest April 2016

    © College of Policing (2016)

    OFFICIAL 4

    This month’s edition of the Digest contains a summary of issues relating to police law, operational policing practice and criminal justice.

    There are case summaries on:

    • the admissibility of hearsay evidence

    • whether the investigation into the fatal shooting by a police officer was compatible with Article 2 of the ECHR.

    We look in detail at the:

    • new Investigatory Powers Bill

    • HMIC report on the police response to missing and absent children

    • consultation on the revised PACE Codes

    • VAWG strategy 2016-2020.

    We also look at the:

    • HMIC report on the state of policing

    • new guidelines on prosecuting social media cases

    • reforms to the IPCC

    • latest Terrorism Act 2000 statistics.

    The progress of proposed new legislation through parliament is examined and relevant Statutory Instruments are summarised.

    Overview

  • OFFICIAL Digest April 2016

    © College of Policing (2016)

    OFFICIAL 5

    Legislation Bills before parliament Policing and Crime Bill

    The Home Office has introduced a Policing and Crime Bill to enhance the democratic accountability of police forces and fire and rescue services, improve the efficiency and effectiveness of emergency services through closer collaboration and build public confidence in policing.

    The main provisions of the Bill:

    • place a duty on police, fire and ambulance services to collaborate and enable police and crime commissioners (PCCs) to take on responsibility for fire and rescue services, where a local case is made

    • reform the police disciplinary and complaints systems to ensure that the public have confidence in their ability to hold the police to account, and that police officers will uphold the highest standards of integrity

    • better enable chief officers to make the most efficient and effective use of their workforce by giving them the flexibility to confer a wider range of powers on police staff and volunteers

    • specify a core list of powers that may only be exercised by warranted police officers

    • confer a power on the home secretary to specify police ranks in regulations, thereby affording the flexibility to introduce a flatter rank structure

    • reform pre-charge bail to put a stop to people remaining on bail for lengthy periods with no independent judicial scrutiny of its continued necessity, and

    • stop children and young people under 18 who are experiencing a mental health crisis being detained in police custody and restrict the circumstances when adults can be taken to police stations, by reforming police powers under sections 135 and 136 of the Mental Health Act 1983.

  • OFFICIAL Digest April 2016

    © College of Policing (2016)

    OFFICIAL 6 Legislation Bills before parliament

    The Bill also contains provisions which:

    • further strengthen the independence of HM Inspectorate of Constabulary (HMIC) and ensure that it is able to deliver end-to-end inspections of the police

    • strengthen the accountability and transparency of the Police Federation for England and Wales by extending its core purpose to cover the public interest and making it subject to the Freedom of Information Act 2000

    • amend the Police and Criminal Evidence Act 1984 (PACE) to ensure that 17-year-olds who are detained in police custody are treated as children for all purposes, and to facilitate the increased use of video link technology

    • amend the Firearms Acts to better protect the public by closing loopholes that can be exploited, and ensuring that there is a robust process for assessing suitability to hold a firearms licence or shotgun certificate

    • confer on the police and immigration officers a power to require an arrested person to state their nationality and to require suspected foreign nationals to produce a nationality document within a specified period following arrest and create a new offence for a failure to comply without reasonable excuse, and

    • better protect children and young people from sexual exploitation by ensuring that relevant offences in the Sexual Offences Act 2003 cover the live streaming of images of child sex abuse.

    Progress

    The Bill was introduced to the House of Commons and given its first reading on 10 February 2016. The Public Bill Committee is scheduled in the programme motion to conclude by Thursday, 14 April 2016.

    The Bill can be accessed in full at services.parliament.uk

    http://services.parliament.uk/bills/2015-16/policingandcrime.html

  • OFFICIAL Digest April 2016

    © College of Policing (2016)

    OFFICIAL 7 Legislation Recently announced Bills

    Recently announced Bills Investigatory Powers Bill published

    The Investigatory Powers Bill, which was introduced on 1 March 2016, provides an updated framework for the use (by the security and intelligence agencies, law enforcement and other public authorities) of investigatory powers to obtain communications and communications data. These powers cover the interception of communications, the retention and acquisition of communications data, equipment interference for obtaining communications and other data. The Bill also makes provision relating to the security and intelligence agencies’ retention and examination of bulk personal datasets.

    The Bil

Search related