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

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

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OFFICIALDigest April 2016

© College of Policing (2016)

OFFICIAL

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OFFICIAL 3

Overview 4Legislation 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 10Case 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) 13Policing 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 20Criminal 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 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 5

LegislationBills before parliamentPolicing 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 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 7 Legislation Recently announced Bills

Recently announced BillsInvestigatory 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 Bill will provide consistent statutory safeguards and will clarify which powers the different public authorities can use and for what purposes. It sets out the statutory tests that must be met before a power can be used and the authorisation regime for each investigative tool, including a new requirement for judicial commissioners to approve the issuing of warrants for the most sensitive and intrusive powers. The Bill will also create a new investigatory powers commissioner to oversee the use of these powers. Finally, the Bill will provide a new power, requiring communications services providers to retain internet connection records when given a notice by the secretary of state.

Summary

Part 1 asserts the privacy of communications and provides for related offences. It defines interception and sets out the offences of unlawful interception and unlawful acquisition of communications data and the penalties for committing such offences. It also references the use of powers to acquire stored communications such as an email stored on a web-based server or a voicemail.

Part 2 provides for targeted interception; acquiring the content of communications. This power is currently provided for under the Regulation of the Investigatory Powers Act 2000 (RIPA). The Bill will repeal and replace the existing interception powers in RIPA with a new targeted interception power. It will provide for the targeted interception of communications by a limited number of public authorities for a limited number of purposes when a warrant is in place. It will clarify that in all circumstances, when law enforcement or the security and intelligence agencies wish to intercept the communications of a person believed to be in the UK, or examine the communications of a person believed to be in the UK that have been collected in bulk, a targeted interception warrant or targeted examination warrant must be sought.

Part 3 concerns authorisations for acquiring communications data. The Bill will provide powers for public authorities to acquire communications data, replacing and largely replicating the effect of Chapter 2 of Part 1 of RIPA. The classes of communications data will be redefined so that they reflect current technology. The Bill will set out the public authorities that will have access to communications data in future, permitting bodies to retain powers to access communications data only where a clear case has been made.



OFFICIAL 8 Legislation

Part 4 covers the retention of communications data. The existing statutory regime by which public telecommunications operators can be required to retain communications data will be broadly replicated, replacing section 1 of Data Retention and Investigatory Powers Act 2014 (DRIPA). It will provide for the secretary of state to require communications service providers to retain relevant communications data for one or more of the statutory purposes for a period that must not exceed twelve months. It specifies a number of safeguards in respect of data retention and also provides a new power for the retention of, and access to, internet connection records (ICRs).

Part 5 concerns equipment interference; interfering with computer equipment to obtain communications, information or equipment data. This is currently provided for the security and intelligence agencies under the Intelligence Services Act 1994 (ISA) and, for law enforcement agencies under the Police Act 1997. The Bill will provide a bespoke statutory framework for the ability of the security and intelligence agencies, armed forces and law enforcement agencies to undertake equipment interference to obtain communications and other information. Interference with equipment where the primary purpose is not to acquire communications, equipment data or other information may continue to be authorised under the ISA and the Police Act 1997.

Part 6 contains powers for the security and intelligence agencies to intercept communications, conduct equipment interference and to obtain communications data in bulk. The Bill will provide for a new ‘Bulk Acquisition’ warrant for the security and intelligence agencies to obtain communications data. This replaces the provision in section 94 of the Telecommunications Act 1984, which will be repealed. The Bill will allow the security and intelligence agencies to intercept communications in bulk, where the communications are overseas-related, replacing the power to intercept ‘external communications’ in RIPA.

Part 7 provides clarity and additional safeguards for the security and intelligence agencies’ retention and examination of Bulk Personal Datasets (BPD). The security and intelligence agencies have existing statutory powers under ISA and the Security Service Act 1989 (SSA) which enable them to acquire and access datasets containing personal data about a large number of individuals, many of whom are not of interest to the agencies. The Bill will bring greater transparency and provide for enhanced safeguards.

Part 8 sets out new oversight regime arrangements which will replace the three existing commissioners with a single new commissioner; the investigatory powers commissioner (IPC). The investigatory powers commissioner, a senior judge, will be supported by a number of judicial commissioners undertaking either authorisation or oversight and inspection functions. The Bill will also provide for statutory Codes of Practice providing further guidance on the powers and duties in the Bill, to which public authorities and providers must have regard.

The Bill was introduced and given its first reading on 1 March 2016. The Bill will next be considered by a Public Bill Committee where detailed examination of the Bill will take place.

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

Recently announced Bills

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



OFFICIAL 9 Statutory InstrumentsLegislation

Statutory InstrumentsSI 207/2016 Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (England and Wales) (No. 2) Order 2016

This Order brought into operation on 1 March 2016 a revised Code of Practice made under section 47S of the Proceeds of Crime Act 2002 in connection with the carrying out by appropriate officers in England and Wales of the functions conferred by virtue of sections 47C to 47H of the Act, the carrying out by senior officers of their functions under section 47G of the Act and the detention of property under or by virtue of sections 41A, 44A and 47J to 47P of the Act.

Please see legislation.gov.uk

SI 209/2016 Proceeds of Crime Act 2002 (Investigations: Code of Practice) (England and Wales and Northern Ireland) Order 2016

This Order brought into operation on 1 March 2016 a revised code of practice prepared by the secretary of state under section 377 of the Proceeds of Crime Act 2002 in relation to England, Wales and Northern Ireland. The revised Code of Practice relates to the exercise of functions under Chapter 2 of Part 8 of the Act.


SI 222/2016 Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales and Northern Ireland) Order 2016

This Order brought into operation on 1 March 2016 in relation to England, Wales and Northern Ireland the revised Code of Practice made pursuant to section 377A of the Proceeds of Crime Act 2002 in connection with the exercise by ‘the relevant Directors’ and ‘specified persons’ of functions under Chapter 2 of Part 8 of the Act. Part 8 of the Act concerns the investigations permitted under the Act, of which there are five kinds (confiscation investigations, civil recovery investigations, detained cash investigations, money laundering investigations and exploitation proceeds investigations: see section 341 of the Act).


http://www.legislation.gov.uk/uksi/2016/207/note/made





OFFICIAL 10 Statutory InstrumentsLegislation

SI 243/2016 Modern Slavery Act 2015 (Commencement No. 4) Regulations 2016

These Regulations are the fourth commencement regulations made under the Modern Slavery Act 2015. Regulation 2 brings into force consequential amendments to the Administration of Justice Act 1970, the Proceeds of Crime Act 2002 and the Prevention of Social Housing Fraud Act 2013.


SI 291/2016 Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2016

This Order makes amendments to the Proceeds of Crime Act 2003 (investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425) which are consequential on the commencement of section 66 of the Policing and Crime Act 2009 in Northern Ireland on 1 March 2016.


SI 327/2016 Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2016

This Order prescribes that the monitoring of compliance with the obligations of an alcohol abstinence monitoring requirement will be by means of a transdermal electronic tag. This is a tag fitted to an offender to measure the level of alcohol contained in their sweat.


SI 425/2016 Firearms (Amendment) Rules 2016

These Rules, which came into force on 1 April 2016 make a number of amendments to the Firearms Rules 1998.



http://www.legislation.gov.uk/uksi/2016/291/contents/made


http://www.legislation.gov.uk/uksi/2016/425/contents/made



OFFICIAL 11

Case lawEvidence and procedureR v Drinkwater [2016] EWCA Crim 16

This appeal against conviction relates to a decision by the judge to exclude hearsay evidence in a case involving the rape of three women. This was evidence which the defence wished to adduce pursuant to section 116(2)(a) of the Criminal Justice Act 2003 (CJA 2003). It consisted for the most part of statements made by a man, Mr Hopkins, who had confessed to involvement in one of the incidents of rape but had then immediately retracted his confession, refusing to sign the statement the police prepared at the time. He died in 2007. The appellant’s primary submission was that the judge should have allowed the evidence to be admitted, that her refusal to permit it was irrational, and accordingly, the appellant’s conviction was unsafe.

As part of a cold case review, the attacks were re-investigated and retained specimens revealed DNA profiles which matched that of the appellant and formed the basis of the prosecution case. The appellant however argued that he was not the perpetrator and had no idea how DNA matching his profile came to be at the scene of the crimes. No scientific evidence was called by the defence to support any possibility of contamination, or to rebut or contradict the scientific evidence called by the Crown.

It was however suggested on the appellant’s behalf at trial that there was a credible possibility that Hopkins might have been the perpetrator of the second attack. Unused material produced by the prosecution before the trial disclosed that at the time of the first investigation Hopkins had been arrested in connection with the offences, but then released without charge. He admitted involvement in the second incident however then refused to sign a statement and afterwards sought to retract what he had said. Hopkins died before the trial.

The defence wanted to admit into evidence under the hearsay provisions of the CJA 2003, amongst other documents, the statement under caution which Hopkins refused to sign; and substantial parts of a report made into the investigation into Hopkins. The Crown did not agree to those statements going before the jury. The defence therefore applied to admit them pursuant to section 116(2)(a) CJA 2003, which provides for the admission of hearsay evidence where the witness has died. The defence application was refused by the judge in the exercise of her discretion under section 126 of the CJA 2003.



OFFICIAL 12

Section 126 provides a free-standing jurisdiction to refuse to admit hearsay evidence. It does not apply to any other evidence tendered in a criminal case. If the evidence is tendered by the Crown, it stands in parallel to the general jurisdiction under s 78 of the Police and Criminal Evidence Act 1984. It goes, however, further than s 78 because it applies also to evidence tendered by a defendant. The section makes specific reference in s 126(1)(b) to the possibility that hearsay evidence may be held inadmissible because it may generate undue waste of time upon satellite issues.

The Court’s strong preliminary view was that, in order to prevent the potential admission of barely relevant evidence, section 126 permits the court to exclude hearsay evidence which lacks significant probative value. This was the approach followed by the judge, and, assuming it to be correct, the Court found no error in her conclusion that the hearsay evidence in this case lacked sufficient probative value to permit its admission. However, even if section 126 had a somewhat narrower scope, the Court stated that the hearsay evidence was nonetheless properly excluded.

The evidence that the appellant was seeking to put before the jury was internally inconsistent, confusing and contradictory. In reality, the Court stated, the evidence did not prove or assist in the proof of anything and was of no value in determining the guilt or innocence of the appellant. On the material which was before them, the jury knew that Hopkins had confessed to involvement in the second incident, albeit they also knew that he had then retracted that confession. The statements were therefore of no significant value to the case, having regard to the detailed admissions (and evidence) concerning Hopkins which were already in evidence; and the Court did not accept that their exclusion deprived the defence of anything of value or emasculated it.

The Court considered that the case for exclusion ‘taking account of the danger that to admit it would result in undue waste of time…taking account of the value of the evidence’ was overwhelming. The Court added that in their view there is nothing in the language of the section which requires the court to apply a different threshold test for exclusion depending on whether the evidence is tendered by the prosecution or the defence; nor could they see any principled justification for such a difference.

The Crown’s case against the appellant stood or fell on the DNA evidence; that evidence was overwhelming, and the court was in no doubt that the conviction was safe. Without doubt it entitled the jury to conclude that there was no realistic possibility that the deceased might have been responsible, to reject the defence’s ‘contamination’ theory, and to be sure that the perpetrator who ejaculated on each occasion was the appellant.

The appeal was dismissed.

The judgment can be accessed in full at bailii.org

Evidence and procedureCase law

http://www.bailii.org/ew/cases/EWCA/Crim/2016/16.html



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Human rightsArmani Da Silva v the United Kingdom (application no. 5878/08)

The European Court of Human Rights found no violation of Article 2 of the European Convention on Human Rights (ECHR) in the case concerning the fatal shooting of Jean Charles de Menezes. The case was brought by Mr de Menezes’ cousin, who argued that the State had not fulfilled its duty to ensure the accountability of its agents for his death, because the ensuring investigation had not led to the prosecution of any individual officer.

The Court found that the UK authorities had not failed in their obligations under Article 2 of the Convention to conduct an effective investigation into the shooting of Mr de Menezes which was capable of identifying and, if appropriate, punishing those responsible. In particular, the Court considered that all aspects of the authorities’ responsibility for the shooting had been thoroughly investigated. Both the individual responsibility of the police officers involved and the institutional responsibility of the police authority had been considered in depth by the Independent Police Complaints Commission (IPCC), the Crown Prosecution Service (CPS), the criminal court and the coroner and jury during the inquest. The decision not to prosecute any individual officer was not due to any failings in the investigation or the State’s tolerance of or collusion in unlawful acts; rather, it was due to the fact that, following a thorough investigation, a prosecutor had considered all the facts of the case and concluded that there was insufficient evidence against any individual officer to prosecute.

Further information can be found at hudoc.echr.coe.int/eng-press

Human rightsCase law

http://hudoc.echr.coe.int/eng-press?i=003-5338286-6656072



OFFICIAL 14

Policing practiceCrimeTerrorism statistics released

The Home Office has published the latest statistics on the operation of police powers under the Terrorism Act 2000 and subsequent legislation. The release brings together information on terrorism arrests and outcomes, prison populations, stop and search and port examinations, for the year ending December 2015.

Terrorism arrests and outcomes

In the year ending December 2015:

• there were 280 persons arrested for terrorism-related offences, a fall of 3% compared with the previous year

• the number of females arrested rose by 15% to 45

• the number of under 18s arrested rose by 6% to 16

• of those arrested, 34% have been charged and 39% have been released without charge. A further 23% were released on bail and 4% faced alternative action.

Court proceedings

According to the Crown Prosecution Service (CPS), in the year ending December 2015, 56 persons were proceeded against for terrorism-related offences. Of these, 49 were convicted.

Terrorist and extremist/separatist prisoners

As at 31 December 2015, there were 168 persons in custody for terrorism-related offences and domestic extremism/separatism; a decrease of 18%.

Stops and searches under sections 43 and 47A of the Terrorism Act 2000


• the Metropolitan Police Service (MPS) stopped and searched 520 persons under section 43 of the TACT 2000; a 32% increase.



OFFICIAL 15

Port examinations under Schedule 7 to the Terrorism Act 2000


• around 27,500 persons were stopped at ports in Great Britain under Schedule 7 to the TACT 2000; a fall of 21%

• the number of detentions following examinations was 1,828; an increase from 1,043 in the previous year.

The next quarterly release is due to be published in June/July 2016.

The statistical release can be accessed in full at gov.uk

CrimePolicing practice

https://www.gov.uk/government/statistics/operation-of-police-powers-under-the-terrorism-act-2000-quarterly-update-to-december-2015



OFFICIAL 16

PoliceReport on police response to missing and absent children published

Her Majesty’s Inspectorate of Constabulary (HMIC) has published a report following an inspection into the police response to missing and absent children. The report, entitled ‘Missing children: who cares?’ sets out the findings of the inspection, which formed part of HMIC’s police effectiveness, efficiency and legitimacy (PEEL) inspection.

The inspection found that while there were pockets of good practice, there were serious inconsistencies in the way that forces use the ACPO ‘missing’ and ‘absent’ categories, which are leaving some children at risk of serious harm. The report states that there must be operational and cultural changes in the police service if children are to have confidence in the police as a source of help and protection.

The report states that going missing can be the precursor to various aspects of significant harm such as abuse, criminal activity or mental ill-health. Forces need to understand the moral and financial imperatives of being proactive in preventing missing incidents, both as a means of reducing future demands on their services and of promoting better safety and well being to prevent exploitation and abuse in future.

The report makes a number of recommendations for the Home Office, the National Police Chiefs’ Council (NPCC), chief constables and the College of Policing. These include, by September:

• the Home Office, in conjunction with the NPCC and National Crime Agency, should consider the limitations of police forces’ systems which operate in isolation within force boundaries and prevent a national overview of children missing at any one time. A system should be developed to improve the current data collection system, for individual forces and collectively across the service, to both better inform risk assessments for children who go missing and to strengthen the national overview of risks to children.

• the national policing lead in conjunction with the Home Office should establish the requirements for a national database of missing children.

• chief constables should ensure that information management processes are in place which focus on outcomes for children who go missing, and to provide better analysis to understand the effectiveness of the police and multi-agency responses. Information should include the diversity of the communities the forces serve.

• the College of Policing should produce Authorised Professional Practice guidance to provide adequate standards for the police service in relation to missing and absent persons, with a specific focus on the assessment of risk for children and multi-agency responses.

PolicePolicing practice



OFFICIAL 17

In addition, by December 2016, the College of Policing, in conjunction with the national policing lead, should review the current approach to risk assessments for children who go missing, with a particular focus on the categorisation of absent and missing children and on children who are repeatedly missing.

The report can be accessed in full at justiceinspectorates.gov.uk

Consultation on PACE Codes launched

The Home Office has launched a consultation on proposed changes to Codes C, D and H of the Police and Criminal Evidence Act 1984 (PACE).

Codes C and H (detention)

The main changes to Code C, which are mirrored in Code H, concern live-link interpretation. The purpose is to enable interpretation services to be provided by interpreters based at remote locations using live-link communication technology. Other changes which are mirrored as applicable in Code H, update and generally ensure consistency between Codes C and H. They include provisions which:

• reflect the amendment to section 37(15) of PACE which means that the term juvenile includes 17-year-olds. The Code points out that other statutory provisions which treat 17-year-olds as adults will remain until amended by parliament.

• enable electronic recording and reporting of information.

• highlight the need to check all sources of relevant information sources to establish a detainee’s identity.

• provide clarification with regard to the persons who, by virtue of their roles, should not act as the appropriate adult; and

• point out the statutory requirements to keep detained children and adults separate and for female detainees to be under the care of a women added.


http://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/missing-children-who-cares.pdf



OFFICIAL 18

Code D (identification)

Code D was last revised in 2011 and the purpose of the changes is to bring it fully up to date with regard to:

(a) changes to PACE Codes C, G and H introduced during and since 2012 which:

• implement the EU Directive on interpretation and translation

• update provisions relating to the Equality Act 2010; and

• clarify and extend the safeguards for 17-year-olds.

(b) amendments to PACE concerning the retention of fingerprints and DNA introduced by the Protection of Freedoms Act 2012

(c) witness identification provisions to take account of case law, changes and developments in police practice and operational concerns raised by the police; and

(d) separate Border Force operational guidance on the power to take fingerprints under immigration legislation which supersedes the Code D provisions and makes them obsolete.

The consultation closes on 17 May 2016 and can be accessed in full at gov.uk

HMIC report on state of policing published

HM Inspectorate of Constabulary (HMIC) has published an annual assessment of policing in England and Wales. The report, entitled State of Policing, forms part of HMIC’s full programme of PEEL; police effectiveness, efficiency and legitimacy. The report is in three parts.

Part one gives a wide-ranging overview of the state of policing in England and Wales, building on the inspection programme and taking into account the results of the previous two years’ annual assessments. Part two provides an overview of the findings from the inspections that HMIC has conducted over the year and part three sets out the full list of inspections and other work undertaken by HMIC. Two principal constraints were identified in the course of its inspections; the developing nature of crime and the integrity and bravery of the men and women who serve in the police force.

The report emphasises the dedication, professionalism and bravery of the majority of police officers and staff, acknowledging their work in some of the toughest and most hazardous conditions. It also recognises that the police service has met many of the expectations of the public, while achieving spending reductions.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/510679/CONSULTATION-2016_CodesCDH_CoverLetter_22-03-2016_.pdf



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The report criticises the police service for contributing to what it describes as an ‘indefensible mosaic of inconsistent practices and standards’ by refusing to learn from one another, or to adopt the practices of the best-performing forces. This, the report states, wastes money and imperils public safety. The failure of the police to develop sound and reliable systems for assessing future demand for police services is also criticised. The report stresses that the failures of other public agencies unduly contribute to the demand on the police. It is clear that some cases which result in police intervention, in particular those involving a victim or an offender with mental health problems, should have and could have been prevented from escalating, had those agencies intervened at an earlier stage.

In respect of the police response to and protection of vulnerable people, the report says that 31 out of 43 forces fell below the line of acceptability (27 forces require improvement; 4 were inadequate). No police force was rated outstanding. HMIC considers this to be so serious that it is recommending the amendment of the police promotion system to ensure that in all but exceptional cases police officers preparing for advancement should spend an appreciable amount of time working in units which support vulnerable people, including children.

In relation to information and communications technology, the report states that the police must catch up and then get ahead of developments. It states that if the present rate of improvement in police technology continues, the police in 2020 will be even further behind offenders and the needs of the public.

The report comments on the police service taking too short-term an approach in coping with the budget cuts of the last four years, stating that forces have concentrated too much on capacity and not on capability.

The report can be accessed in full at justiceinspectorates.gov.uk

HOC 001/2016: schedule 7 to the Terrorism Act 2000

The Home Office has published guidance to examining officers on how to make selections for screening and/or examination under schedule 7 to the Terrorism Act 2000. It follows comments made by the Supreme Court in the case of Beghal v the Director of Public Prosecutions. In the judgement the Supreme Court held that the power to examine people under schedule 7 is capable of being exercised in a way that is compatible with the European Convention on Human Rights (ECHR). However, the Court suggested that the wording of the schedule 7 Code of Practice, concerning the need to refrain from using schedule 7 in a discriminatory manner is ‘potentially confusing. A revised Code will undergo public consultation at a later date, and will then be published subject to parliamentary approval.


http://www.justiceinspectorates.gov.uk/hmic/publications/state-of-policing-the-annual-assessment-of-policing-in-england-and-wales-2015/



OFFICIAL 20

The guidance highlights the extracts of the March 2015 version of the schedule 7 code of practice that should be disregarded, and states that paragraphs of the code as they should be read, until the revised code is published.

The circular can be accessed in full at gov.uk

New guidance on reporting concerns

The College of Policing has published national guidance to assist officers and staff in reporting concerns about colleagues. The guidance sets out the routes officers and staff can take to raise issues and explains what they should expect from the process. It also provides a clear guide to good practice for forces when it comes to supporting those who had reported concerns.

The guidance can be accessed in full at college.police.uk

New guidelines on prosecuting social media cases

The Crown Prosecution Service (CPS) has updated its guidelines on prosecuting social media cases to reflect a number of recent legal and social developments. Since the guidelines were published in 2012, two new offences have been created and the guidelines have been updated to incorporate these.

The main revisions are:

• additions to the section on Category 2 offences, which previously related only to harassment and stalking. The section now includes guidance on the new offences of controlling or coercive behaviour and revenge pornography; offences under the Sexual Offences Act 2003; and blackmail

• new sections on: violence against women (VAWG); hate crime; false or offensive social media profiles; ancillary orders; and victim personal statements; and

• greater clarity around the application of the evidential and public interest stages of the Full Code Test, and Article 10 ECHR considerations.

The CPS has launched a ten week consultation about the proposed revisions to the guidelines, which closes on 12 May 2016.

The consultation can be accessed in full at cps.gov.uk


https://www.gov.uk/government/publications/circular-0012016-schedule-7-to-the-terrorism-act-2000/circular-0012016-schedule-7-to-the-terrorism-act-2000

http://www.college.police.uk/What-we-do/Ethics/Pages/Reporting-Concerns.aspx

http://www.cps.gov.uk/consultations/social_media_consultation_2016_index.html



OFFICIAL 21

Criminal justice systemBritish prosecutors sign up to anti-trafficking commitment

The Director of Public Prosecutions for England and Wales, Scotland’s Lord Advocate and the Public Prosecutor for Northern Ireland have signed up to a new anti-trafficking commitment. The commitment sets out the ways in which the three Prosecuting Authorities will work closely together in order to disrupt networks, prosecute traffickers and safeguard victims’ rights within the criminal justice process. This will be done by:

• building stronger cases to support the most serious offences

• ensuring that the rights and welfare of victims are at the heart of the approach to investigation and prosecution

• continuing to deliver training and development to prosecutors and law enforcement to improve expertise and

• working closely together to learn lessons, exchange good practice and share relevant information, data and contacts.

The commitment can be accessed in full at cps.gov.uk

Reforms to the IPCC announced

The Home Secretary has announced reforms to the Independent Police Complaints Commission (IPCC), which aim to improve efficiency, drive more effective governance and make it more responsive to the public. It will also be renamed. The intention is to create a new governance model by bringing forward amendments to the Policing and Crime Bill.

The reformed organisation will be headed by a director general instead of a number of commissioners. The director general will be accountable for individual casework decisions, including in respect of the investigation of the most serious and sensitive allegations involving the police. The organisation will be renamed the ‘Office for Police Conduct’ to reflect its expanded role investigating serious and sensitive matters, and to take account of the fact that there will be no commissioners under the new governance model.

The announcement follows an independent review of the IPCC and a recent Home Office consultation on changes to the governance of the IPCC. The government has responded to the consultation, setting out the plan to reform the governance arrangements to ensure they are fit for purpose.

The consultation response can be accessed at gov.uk

http://www.cps.gov.uk/publications/agencies/human_trafficking_prosecutor_commitment_and_supporting_statement_2016.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/505839/20160307-IPCC_Governance_ConRep-v4.0-UK_O.pdf



OFFICIAL 22

VAWG strategy 2016-2020

The Home Office has published a revised strategy, setting out the actions the government will be taking towards ending violence against women and girls between 2016 and 2020. It also details how the government intends to build on the previous action plan to end violence against women and girls. The government’s vision is that by 2020:

• there will be a significant reduction in the number of VAWG victims, achieved by challenging the deep-rooted social norms, attitudes and behaviours that discriminate against and limit women and girls, and by educating, informing and challenging young people about healthy relationships, abuse and consent

• all services make early intervention and prevention a priority, identifying women and girls in need before a crisis occurs, and intervening to make sure they get the help they need for themselves and for their children

• women and girls will be able to access the support they need, when they need it, helped by the information they need to make an informed choice

• specialist support, including accommodation-based support, will be available for the most vulnerable victims, and those with complex needs will be able to access the services they need

• services in local areas will work across boundaries in strong partnerships to assess and meet local need, and ensure that services can spot the signs of abuse in all family members and intervene early

• women will be able to disclose experiences of violence and abuse across all public services, including the NHS. Trained staff in these safe spaces will help people access specialist support whether as victims or as perpetrators

• elected representatives across England and Wales will show the leadership, political will and senior accountability necessary to achieve the necessary change, and will champion efforts to tackle these crimes

• everyone in a local area will be able to hold their elected leaders to account through clear data on how local need is being met

• there will be a lower level of offending through an improved criminal justice response and a greater focus on changing the behaviour of perpetrators through a combination of disruption and support; and

• a stronger evidence base of what works, and victim safety, will be embedded into all interventions to protect victims of VAWG.

The strategy can be accessed in full at gov.uk

Criminal justice system

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/505961/VAWG_Strategy_2016-2020.pdf



OFFICIAL 23

Modern crime prevention strategy published

A modern crime prevention strategy has been published by the Home Office, recognising the importance of strong evidence as the basis for a modern approach to crime prevention. It addresses what evidence suggests are the six key drivers of crime:

• opportunity

• character

• the effectiveness of the Criminal Justice System

• profit

• drugs and alcohol, and

• a wide variety of crime types.

The strategy sets out proposals harder to commit, less appealing for criminals, and more unlikely in certain communities, situations or in relation to certain products. As many crime problems will involve more than one driver, the strategy recognises that a sophisticated modern approach will require a coordinated action on a number of fronts. The strategy also focuses explicitly on data and new technology, outlining how government, law enforcement, local authorities, businesses and the public can work together to deal with the challenger and ensure data and technology work to prevent crime.

The strategy can be accessed in full at gov.uk

Criminal justice system

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509831/6.1770_Modern_Crime_Prevention_Strategy_final_WEB_version.pdf

C357|0416BetterEvidence

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About the College

The College of Policing was established in 2012 as the professional body for everyone who works for the police service in England and Wales.

Our purpose is to provide those working in policing with the skills and knowledge necessary to prevent crime, protect the public and secure public trust.

college.police.uk

http://www.college.police.uk/digest