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DigestOctober 2015A digest of police law, operational policing practice and criminal justice

OFFICIALDigest October 2015

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© – College of Policing Limited 2015

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Overview 4Legislation 5 Bills before parliament 5 Psychoactive Substances Bill 5 Statutory Instruments 6 The Smoke-free (Private Vehicles) Regulations 2015 6 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human 6 Intelligence Sources) (Amendment) Order 2015 The Sexual Offences Act 2003 (Prescribed Police Stations) (No. 2) Regulations 2015 7 The Modern Slavery Act 2015 (Commencement No. 2) Regulations 2015 7 The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) 7 (Guidance) Regulations 2015 The Counter-Terrorism and Security Act 2015 (Commencement No. 2) Regulations 2015 8 The Counter-Terrorism and Security Act 2015 (Commencement No. 3) Regulations 2015 8Case law 9 Evidence and procedure 9 R v ZTR [2015] EWCA 1427 9 General police duties 11 Lin & Anor v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB) 11Policing practice 13 Crime 13 Ban on smoking in cars coming into force 13 Diversity 14 IPCC issues guidance to improve the handling of discrimination complaints 14 Police 15 Consultation on reforming the powers of police staff and volunteers 15 HMIC report on the efficiency and effectiveness of firearms licensing 15 New national guidance on handling domestic abuse 16 Report on financial sustainability of police forces published 17 Revised Prevent Guidance 18 Statistics on the operation of police powers under the Terrorism Act 2000 published 18 Training and development 20 New training on stop and search 20Criminal justice system 21 CPS victim and witness satisfaction survey 21 Report on appropriate adults for mentally vulnerable adults published 22

Contents

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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 reports on:

• disclosure of an independent police inquiry report under the Data Protection Act 1998

• the common law position regarding the reduction in sentence for assistance to the police after sentencing.

We look in detail at the:

• HMIC report on the efficiency and effectiveness of firearms licensing

• report on financial sustainability of police forces

• CPS victim and witness satisfaction survey

• report on appropriate adults for mentally vulnerable adults.

We also look at:

• the requirement for private vehicles carrying children to be smoke-free

• IPCC guidance on improving the handling of discrimination complaints

• the consultation on reforming the powers of police staff and volunteers

• new APP on handling domestic abuse.

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

Overview

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Bills before parliamentPsychoactive Substances Bill

This Bill creates a blanket ban on the production, distribution, sale and supply of psychoactive substances in the United Kingdom. The third reading in the House of Lords took place on 20 July 2015. The first reading in the House of Commons took place on 21 July 2015. The next stage is second reading when the general principles of the Bill will be debated. The date for the second reading debate has not yet been announced.

A detailed summary of the Bill can be found in the July Digest.

Legislation

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Statutory Instruments2015/286 The Smoke-free (Private Vehicles) Regulations 2015

These Regulations came into force on 1 October 2015. Regulations 1, 2, 3, 4 and 6 apply in relation to England only. Regulation 5 applies in relation to England and Wales. The Regulations made under the Health Act 2006, contain provisions to require private vehicles in England to be smoke-free when children are present.

Regulation 2 provides for private vehicles to be smoke-free when they are enclosed, there is more than one person in the vehicle and a person under the age of 18 is present in the vehicle. Caravans and motor caravans are excluded when they are being used as living accommodation.

Regulation 3 ensures that there is no duty to display no-smoking signs in vehicles that are smoke-free by virtue of these Regulations.

Regulation 4 provides that a penalty notice may be given where there is reason to believe that a person has committed an offence of failing to prevent smoking in a vehicle that is smoke-free by virtue of these Regulations. Regulation 5 sets the amount of the penalty.

Regulation 6 provides for chief officers of police to be enforcement authorities for vehicles that are smoke-free by virtue of these Regulations.

Regulation 7 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within the period of five years beginning with when the Regulations come into force.

For more information see Ban on smoking in cars coming into force.

SI 2015/937 The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2015

This Order came into force on 1 October 2015. It amends the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (‘the 2010 Order’).

The 2010 Order prescribes the offices, ranks and positions of the individuals within a public authority who have power to grant authorisations for the carrying out of directed surveillance. It also sets out the restrictions on the circumstances in which authorisations can be granted. Article 7A(3)(b) of the Order lists the criminal offences for which relevant individuals may grant authorisations.

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Article 2(2) adds to the list in Article 7A(3)(b) of the 2010 Order, the offence of purchasing tobacco, cigarette papers or a relevant nicotine product by an adult on behalf of a person under 18; and the offence of the sale of a relevant nicotine product to a person under the age of 18.

SI 2015/1523 The Sexual Offences Act 2003 (Prescribed Police Stations) (No. 2) Regulations 2015

These Regulations, which came into force on 14 September 2015 and which apply to England and Wales only, revoke and replace the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2015.

The Sexual Offences Act 2003 (‘the 2003 Act’) imposes notification requirements on offenders convicted of certain sex offences. These offenders are called ‘relevant offenders’. The 2003 Act requires relevant offenders to notify certain personal information to the police, both at the outset and periodically thereafter. Section 87(1) of the 2003 Act provides that relevant offenders give such notifications by attending at any police station in the relevant offender’s local police area which is prescribed in regulations. These Regulations prescribe those police stations in England and Wales.

SI 2015/1690 The Modern Slavery Act 2015 (Commencement No. 2) Regulations 2015

Regulation 2 brings into force on 15 October 2015 provisions of the 2015 Act relating to guidance about identifying and supporting victims, presumption about age and overseas domestic workers.

Regulation 3 brings into force on 1 November 2015 the provision of the 2015 Act relating to the duty to notify the Secretary of State about suspected victims of slavery or human trafficking.

SI 2015/1697 The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Guidance) Regulations 2015

These Regulations bring into effect statutory guidance about the performance by certain specified authorities listed in Schedule 6 to the Counter-Terrorism and Security Act 2015 (‘the Act’) of their duty under section 26(1) of the Act. The duty requires each specified authority, in the exercise of its functions, to have due regard to the need to prevent people from being drawn into terrorism.

Regulation 3 brings into effect new guidance issued under section 29 of the Act to specified authorities in the further and higher education sectors.

For more information see Revised Prevent Guidance.

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SI 2015/1698 The Counter-Terrorism and Security Act 2015 (Commencement No. 2) Regulations 2015

These Regulations specify the commencement date for section 26 (general duty on specified authorities) of the Counter-Terrorism and Security Act 2015 insofar as that duty is expressed to apply to proprietors or governing bodies of certain further and higher education institutions.

SI 2015/1729 The Counter-Terrorism and Security Act 2015 (Commencement No. 3) Regulations 2015

These Regulations brought into force, on 1 October 2015, paragraphs 12 to 14 of Schedule 5 to the Act and section 25 of the Counter-Terrorism and Security Act 2015 (‘the Act). These provisions relate to rail and maritime transport.

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Evidence and procedure

R v ZTR [2015] EWCA 1427

Facts

The applicant had been convicted of murder and a number of other serious offences. He was sentenced to life imprisonment for the murder with a significant minimum term. After the coming into force of sections 73-75 of the Serious Organised Crime and Police Act 2005 (‘the 2005 Act’) several years after the sentencing, the police asked the applicant whether he could provide assistance to them in matters which had arisen a significant period of time after his conviction for murder.

The scheme under the 2005 Act permitted a sentence to be reduced for assistance given after sentencing, however the scheme did not apply to the applicant because he was convicted of an offence for which the sentence was fixed by law and he did not plead guilty. Because of this the position at common law needed to be considered in this case.

The main issue therefore was whether the court in the exercise of its jurisdiction, could make a reduction to the minimum term of the life sentence for murder.

The applicant’s argument

He submitted that in light of the decision by Parliament in the 2005 Act to allow a sentence to be reduced on account of assistance provided after sentence, the common law principle should recognise the utilitarian and pragmatic rationale behind the common law. He submitted that it was clear that the principle of reducing sentences for assistance did not operate on the basis of remorse but on pragmatic considerations that a reduction should be offered whenever it might encourage a person to provide assistance whether before or after sentence.

The decision

Directly addressing the applicant’s argument above, the court stated that in the case of R v A and B [1999] 1 Cr App R(S) 52 it was made clear that if a defendant denied guilt but was convicted and sentenced without supplying valuable information before sentence, or expressing a willingness to do so, the Court of Appeal would not ordinarily reduce his sentence where information is supplied

Case law

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to authorities after sentence. The court in the current case also considered the case of R v H [2010] 2 Cr. App. R. (S.) 18 and stated that there would need to be good reasons before the common law principle, so clearly established, could be changed. The court stated that in the present case there was no good reason to depart from the established principles.

The court stated that if they found in favour of the applicant they would not be acting as a court of review, but rewarding good behaviour during his sentence. The court also stated experience had shown that some individuals might be motivated to manufacture assistance after conviction in the hope of a reduced sentence and nothing should be done to encourage that.

Based on this the application did not succeed.

The full judgment can be found at http://www.bailii.org/ew/cases/EWCA/Crim/2015/1427.html

Evidence and procedureCase law

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General police dutiesLin & Anor v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB)

Facts

The two claimants in this case had been accused of murdering two British tourists in Thailand. They confessed in police interviews but later claimed that the confessions had been obtained through torture. Due to the issues and concerns about the process an agreement was made between the Thai authorities and the Commissioner of the Metropolis. The agreement was that officers from the commissioner’s force would conduct an independent inquiry. The agreement also provided that the police report following the inquiry would be disclosed no further than the victims’ families.

Once the report had been produced the claimants in this case sought disclosure of the report under section 7(9) of the Data Protection Act 1998 (‘the DPA) because it contained their personal data.

The claimants’ argument

The claimants put forward the following reasons for why their application was valid.

1. The information contained in the report might be incorrect

2. At the time the report was prepared they had not been shown any of the evidence that the MPS team had sight of

3. The MPS team had access to at least part of the case that the Thai police was going to advance

4. The report might contain information that was useful to them as part of their defences

5. There were many false statements in the press about them and these might be perpetuated in the report

6. These falsehoods might be given greater publicity if the report was made public.

The MPS’s argument

The MPS refused disclosure under the DPA for the following reasons:

1. The report was exempt from disclosure under section 29 of the Data Protection Act 1998 as they had processed the data for the purposes of family liaison, which was part of crime enforcement.

2. The disclosure of the reprt would have a chilling effect on future agreements with foreign authorities.

General police dutiesCase law

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The decision

The court held that section 29 required a proportionality balancing exercise between the individual’s right to access data and the data processor’s right to refuse. They held that the burden of proof lay with the police to show why they were entitled to refuse access and that they had to show this with significant grounds and evidence, the reason for this was that the claimants had a prima facie right to the personal data under section 7(9) of the DPA.

The court held that family liaison was a purpose for which exemption from disclosure could be claimed under section 29 and that the police had processed data for a legitimate purpose under section 29. Based on this the court undertook the proportionality exercise of deciding if granting access would prejudice the police’s purpose. The court took into account that the case was a death penalty case and therefore applied an anxious review of the evidence and approach adopted by the police in their decision to refuse disclosure. In making its decision the court considered the weight of the police’s legitimate objectives, protecting families’ interests was important, although the court stated that families would not object to the accused having a fair trial and being able to deploy relevant evidence.

The court also stated that the chilling effect of disclosure was a valid consideration even though this related to future proceedings. They stated that it would affect the public interest in the police being able to engage with foreign authorities and stated the need to avoid interfering in a foreign trial.

Based on the above considerations the court held that the case ultimately turned on the relevance of each item of personal data to the criminal defence when set against the police’s interest. When considering this the court stated that there was nothing in the personal data that would have been of any real value to the claimants and no piece of information had substantial weight when set against the police’s objectives. They therefore held that overall the objections of the police to disclosure outweighed the claimants’ interest in access.

Conclusion

The claimants’ application for disclosure did not succeed because the police had not erred in their application of section 29 of the DPA regarding exemption and therefore there was no need for the court to exercise an independent judgment under section 7(9) of the DPA regarding disclosure.

The full judgment can be found at http://www.bailii.org/ew/cases/EWHC/QB/2015/2484.html

General police dutiesCase law

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CrimeBan on smoking in cars coming into force

Regulations which require private vehicles to be smoke free when carrying a person under the age of 18 were brought into force on 1 October. As a result, private vehicles are required to be smoke-free when they are enclosed, there is more than one person in the vehicle and a person under the age of 18 is present. Caravans and motor caravans are excluded when they are being used as living accommodation.

The fixed penalty notice for failing to ensure the vehicle is smoke-free is £50.

The Smoke-free (Private Vehicles) Regulations 2015 can be accessed in full at http://www.legislation.gov.uk/uksi/2015/286/contents/made

Policing practice

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DiversityIPCC issues guidance to improve the handling of discrimination complaints

The Independent Complaints Commission (IPCC) has issued revised guidelines to improve the handling of discrimination complaints, as well as a set of key principles to help police forces improve the accessibility of the complaints system. These guidelines follow a number of critical reports conducted by the IPCC, which found significant failings in the way that four forces (West Midlands Police, West Yorkshire Police, Greater Manchester Police and the Metropolitan Police Service) carried out such investigations and engaged with complainants. The guidelines will assist police to properly and effectively handle allegations of discrimination and a series of training workshops are being held by the IPCC across the country to support rollout.

The IPCC also reviewed information on force websites and other sources of information to see how well forces made information available to the public and how they support complainants with specific needs. They found that there was a lack of consistent good practice, that some of the information online and in police stations was inaccurate and difficult to understand and that there was little use of social media. In response to these findings the IPCC has also published a set of key principles to help police forces improve accessibility to the complaints system.

The IPCC is working with both forces and the College of Policing to ensure that the discrimination guidelines and the accessibility principles are embedded in police complaints processes, guidance and training.

The guidelines can be found at https://www.ipcc.gov.uk/news/ipcc-issues-guidance-improve-handling-discrimination-complaints

DiversityPolicing practice

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PoliceConsultation on reforming the powers of police staff and volunteers

The Home Office has published a consultation on the way chief officers designate the powers and roles of police staff and volunteers. It proposes setting out the core list of powers available to those holding the office of constable in a single piece of legislation. In addition, it proposes enabling chief officers to designate other police powers to staff. It is also consulting on ending the anomaly whereby volunteers can either have all of the powers of the constable, as a special; or have none of the powers, as a police support volunteer.

The proposals in the consultation are to:

• enable chief officers to designate a wider range of powers on police staff and volunteers

• create a list of ‘core’ police powers that would remain exclusive to police officers

• make an order-making power to enable Parliament to add to the list of those ‘core’ powers

• enable volunteers to be designated with powers in the same way as staff

• adopt new titles for the changed support role and the new volunteer role; and

• abolish the office of traffic warden under the Road Traffic Acts.

The consultation closes on 31 October 2015 and can be accessed in full at https://www.gov.uk/government/consultations/reforming-the-powers-of-police-staff-and-volunteers

HMIC report on the efficiency and effectiveness of firearms licensing

HM Inspectorate of Constabulary has published a report on the efficiency and effectiveness of firearms licensing in all 43 police forces in England and Wales as well as the detailed practices for firearms licensing in 11 representative forces. Inspectors looked at the policies and procedures in the management and provision of over 150,000 section 1 firearms licenses that are on issue. They found that the current arrangements to assess the medical suitability of a firearms certificate holder or applicant are substantially less effective than for applicants for a public service vehicle licence. The report recommends that the Home Office should ensure that licensing does take place without a current medical report from the applicant’s GP.

The report also found that of the 11 representative forces inspected:

• 7 did not correctly deal with expired licences, leaving firearms holders in possession of their firearms without certification

• only 4 forces inspected had effective monitoring and audit arrangements in place

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• across all 11 forces there were 168 notifications outstanding regarding expired licences. 55 of these records were inspected and 22 gave cause for concern, including poor record keeping and inaction

• 4 forces did not have sufficient resources to handle current or anticipated future demand and another force did not have a long-term resourcing plan.

The report also analysed data from all forces and this showed that:

• the overall time span taken by forces to grant firearm and shotgun licensing applications ranged from an average of 5 to 165 days

• 5 forces took more than an average of 100 days to grant a section 1 firearm certificate, whereas 13 forces took an average of 40 days or less

• for shotgun certificates 18 forces took more than an average of 60 days, whereas 5 took an average of less than 30 days

• some certificate holders had not had their referees contacted. Of the 43 forces 28 contact referees for all new grant applications and only 14 of those contact all referees for renewals.

• all forces undertake home visits when certificates are initially granted, but 11 forces don’t visit applicants for the renewal of a section 1 firearms certificate and 20 don’t visit all applicants for the renewal of a shotgun certificate.

• 7 of the 43 forces had not undertaken a review of current certificate holders’ suitability.

Overall the report concluded that clearer and more authoritative guidance must be put in place to properly protect the public and that the police must be given a legal right of entry to an applicant’s premises, something they do not currently have.

The full report can be found here http://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/firearms-licensing-targeting-the-risk.pdf

New national guidance on handling domestic abuse

The College of Policing has published new guidance on domestic abuse which advises officers on how to prosecute without relying on a victim. The Authorised Professional Practice is backed by domestic abuse and women’s charities and emphasises the importance of evidence-led prosecutions. Unlike previous guidance, it includes a section aimed primarily at supporting first responders at an incident who must deal with criminal offences, conduct a risk assessment and safeguard the victim.

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The College is also releasing a toolkit to support first responders, along with checklists for call handlers and front counter staff.

The guidance can be accessed in full at https://www.app.college.police.uk/app-content/major-investigation-and-public-protection/domestic-abuse/

Report on financial sustainability of police forces published

The Committee of Public Accounts has published a report on the financial sustainability of police forces in England and Wales. The Home Office is responsible for allocating grants to Police and Crime Commissioners establishing an accountability framework to assure Parliament on the regularity, propriety and value for money of police spending and intervening if Chief Constables or Commissioners fail to carry out their functions effectively.

The Committee raised concern that the Home Office lacked all of the information it needed in order to know the impact of reductions in funding on police capability at local levels. It found that most police forces lacked sufficient information on current and future demands, which it stated were essential to ensure that forces have the rights skills, resources and understanding of the impact of savings measures. The Committee found limited information on the impact of cost reductions made by other government departments on the workload of police forces. It also stated that it was not clear how the structural reforms necessary to make the expected further significant savings will be made within the delivery model. The report makes the following six recommendations.

• The Home Office should set out how it proposes police forces make further significant savings via structural reforms, and assess the legal implications of changes and possible mergers, while having regard to local accountability.

• The Home Office should ensure the new funding formula takes proper account of the demand for police services, the scope for savings, local circumstances including precepts, and the levels of reserves. It should introduce the new formula for 2016-17 after consulting with the sector. It must announce any changes to the formula as soon as possible, to allow forces to plan.

• The Home Office must ensure police forces collect data that allows it to identify the impact on forces of funding reductions elsewhere in government, and work closely with other departments to ensure that the impact of their spending decisions are not borne by the police service. HMIC should identify the scope for joint inspections of services in those areas where cuts may impact on the police.

• The Home Office and College need to ensure police officers have the requisite business skills to manage police forces effectively and form a joint view on the role and remit of the College in these areas as a matter of urgency.

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• The Home Office, working closely with the College of Policing, should ensure that there is a common standard for measuring demand and that this is used to provide comparable, accessible data on all forces. This needs to be addressed as a matter of urgency.

• The Home Office should ensure any outsourcing arrangements undertaken by Commissioners or forces are subject to effective scrutiny. It should also develop a clearer mechanism for assessing the long-term value for money of outsourcing; and encourage arrangements that allow forces to retain the ability to respond to evolving needs.

The report can be accessed in full at http://www.publications.parliament.uk/pa/cm201516/cmselect/cmpubacc/288/28802.htm

Revised Prevent Guidance

Following the commencement of the Prevent duty in July this year, specified authorities have a duty under the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism. In addition to this, Parliament approved guidance on how specified authorities are to comply with the Prevent duty.

The Prevent duty commenced on 1 July 2015 for those authorities specified in schedule 6 to the act, with the acceptance on specified authorities in the further and higher education sections. The duty commenced for these authorities on 18 September 2015, as did guidance documents on how higher and further education institutions subject to the duty can comply with it.

The guidance can be accessed in full at https://www.gov.uk/government/publications/prevent-duty-guidance

Statistics on the operation of police powers under the Terrorism Act 2000 published

The Home Office has published statistics on the operation of police powers under the Terrorism Act 2000 (TACT) and subsequent legislation, for the financial year ending 31 March 2015. The statistical release brings together information on terrorism arrests and outcomes, prison populations, stops and searches, court appeals, port examinations and police cordons.

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Terrorism arrests and outcomes

In the year ending 31 March 2015:

• there were 299 arrests for terrorism related offences, an increase of 31% compared with the previous year

• the most recent increase was driven mainly by a rise in arrests between October and December 2014, which saw 106 arrests

• all age groups, except 25-29 year olds, saw a rise in the number of arrests

• 78% of those arrested considered themselves to be of British, or British dual nationality

• of the 118 persons charged following a terrorism-related arrest, 100 (85%) were charged with a terrorism-related offence, the highest proportion since the data collection began

• according to the Crown Prosecution Service, in the year ending 31 March 2015, 52 persons were proceeded against for terrorism-related offences. Of these, 42 were convicted

• there were 192 persons in custody for terrorism-related offences and domestic extremism/separatism, as at 31 March 2015, an increase of 38.

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

In the year ending 31 March 2015:

• the Metropolitan Police Service stopped and searched 411 persons under section 43 of TACT 2000

• there were no stops and searches made under s47A of the TACT 2000.

Port examinations under Schedule 7 to the Terrorism Act 2000

In the year ending 31 March 2015:

• around 32,000 persons were stopped at ports in Great Britain under Schedule 7 to TACT 2000, a fall of 28% on the previous year

• the number of detentions following examinations was 1,300, which almost tripled from the 500 in the previous year.

The statistics can be accessed in full at https://www.gov.uk/government/statistics/operation-of-police-powers-under-the-terrorism-act-2000-financial-year-ending-march-2015

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Training and developmentNew training on stop and search

The College of Policing and the Equality and Human Rights Commission (EHRC) have announced new training for stop and search. Hundreds of officers from six forces have begun a pilot designed by the EHRC to help police recognise unconscious bias. The pilot will continue until the 9 October 2015.

The aim of the new training is to address questions that have been raised about the fairness and effectiveness of the way that the power is used. It focuses on the law, decision making and how officers handle encounters with the public.

The impact of the training will be analysed by the College of Policing and independent researchers and the preparation for the national implementation of the training must be completed by the end of March 2016.

The full article can be accessed here http://www.equalityhumanrights.com/college-policing-and-commission-announce-new-police-training-stop-and-search

Training and developmentPolicing practice

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CPS victim and witness satisfaction survey

The Crown Prosecution Service (CPS) has published the results of its survey on victim and witness satisfaction. The survey sought to gather the views of victims and witnesses on their experience of the service they received from the CPS during a criminal case in which they were involved. The survey looked at a sample of victims and witnesses whose cases had been finalised between March and August 2014. The survey found that the majority were satisfied with the service received, however one in ten victims were ‘very dissatisfied’ with their experience. Specific observations, conclusions and recommendations included the following;

• the perceived outcome of the case was important to victim and witness satisfaction but there was considerable disparity between these perceptions and actual outcomes

• communication with victims and witnesses could be clearer, particularly for vulnerable groups

• in particular, the wider provision of easily used information about court (eg, DVDs) pre-trial could have a positive impact: only 24 per cent of victims and 21 per cent of witnesses received a DVD, but of those who did, 95 per cent and 96 per cent found them ‘very’ or ‘fairly’ helpful

• satisfaction improves with a named point of contact throughout the trial process

• the Victim Liaison Officer role is important

• treating victims and witnesses with dignity and respect at all stages should remain a priority

• those most affected by their experiences are likely to feel that the CPS did not help them to cope and recover, but needs assessments are associated with more positive outcomes

• special measures are widely desired and have a positive impact on a victim or witnesses’ experience

• the factors important for satisfaction amongst those eligible for enhanced measures are similar to those for the wider victim population.

The survey can be accessed in full at https://www.cps.gov.uk/publications/research/cps_victim_and_witness_survey_sept_2015.pdf

Criminal justice system

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Report on appropriate adults for mentally vulnerable adults published

A report commissioned by the Home Secretary on the arrangements for appropriate adults (AAs) for mentally vulnerable adults has been published by the National Appropriate Adult Network. The role of AAs is to safeguard the welfare and rights of children and mentally vulnerable adults who are detained by the police. The Codes of Practice to the Police and Criminal Evidence Act 1984 (PACE) set out the purpose and powers of AAs and related police responsibilities.

The main findings of the report, entitled ‘There to help’ are:

• significant shortcomings in current AA provision for mentally vulnerable adult suspects, particularly in terms of:

– inadequate police practices with respect to identification of suspects’ vulnerabilities and the need for AAs, and the recording of relevant data

– limited availability of AAs – variable quality of AAs

• many vulnerable adults do not receive the support of an AA or receive it only for part of the custody process

• the underlying causes of these findings include: the absence of statutory duties either to secure or to provide AAs for vulnerable adults; lack of appropriate training and screening tools for police; time pressures in the custody suite; diminishing public sector funding and a lack of clarity over responsibility for commissioning

• legislative changes aimed at promoting equality and national initiatives focused on vulnerable people in the criminal justice system provide a favourable policy and commissioning context for the enhancement of AA provision

• on the basis of a conservative estimate, 11% of adult suspects require an AA (as defined by PACE Code C); the annual cost of ensuring full provision of trained AAs from organised schemes, throughout the custody process and across England and Wales, is estimated at £19.5 million (£113,000 per local authority). Current national spending on AA provision for adults is estimated to be in excess of £3 million per year.

The report makes a number of recommendations for ensuring full AA provision for all vulnerable adults. These include:

• developing a new approach at a national strategic level and a vision shared by relevant departmental bodies, agencies and organisations that ‘in the interests of individuals’ welfare and of justice, all mentally vulnerable adults should have access to the timely support of a competent AA throughout any period of detention in police custody or the conduct of any voluntary interview’

Criminal justice system

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• amending the PACE Codes of Practice to clarify and simplify their provisions on AAs

• amending PACE 1984 to establish an explicit duty on police officers to secure an AA for all mentally vulnerable adults, and to bring greater consistency to the approach of courts on the admissibility of evidence obtained in the absence of an AA

• establishing a statutory duty to ensure provision of an AA when requested by police, to create parity with children’s AA services.

The report can be accessed in full at http://www.appropriateadult.org.uk/images/pdf/2015_theretohelp.pdf

Criminal justice system

C127|06102015

Protecting the public Supporting the fight against crime

As the professional body for policing, the College of Policing sets high professional standards to help forces cut crime and protect the public. We are here to give everyone in policing the tools, skills and knowledge they need to succeed. We will provide practical and common-sense approaches based on evidence of what works.

college.police.uk