insight
Police & Law
www.pnld.co.uk
Sentence
reduction
April 2015
Can a person currently serving a prison
sentence get a reduction in sentence if
they give the police information on a
current case?
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Updates on latest legislation
Policy and practice news
Promotion exam Q&As
Case law and legal queries
Police career opportunities
Edition 7
EDITORIAL
Social media: the good, the bad and the ugly
Smartphone technology and social media are a part of everyday life,
enabling us to share information and images with others in an instant.
As those in law enforcement know, it also has considerable potential to
be misused, not least in the area of revenge porn.
Not so long ago, the offence would
have been technologically unthinkable.
The advent of smartphone technology
and social media now means posting
obscene pictures of a former partner
is merely a click away and there is
very little the victim can do about it
– until now.
A new law of revenge porn created by
the Criminal Justice and Courts Act
2015, which received Royal Assent in
February this year (see p7), is now in
force. The law has caught up with
technology, but the offence is just one
of a number of wide-ranging provisions
that are now live and will impact
considerably on law enforcement.
The explosion in social media and the
anonymity it affords its users has
already impacted on policing and will
continue to do so. The increasing
demand social media will place on
police time and resources is so
significant it has been identified by the
College of Policing’s interim leadership
review as one of five main ‘trends’ our
future police leaders will have to
contend with if they are to lead
effectively (p10).
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PNLD Police & Law Insight
Despite the downsides, social media
also has considerable potential to help
in times of crisis. Project ATHENA,
which we covered in our October issue
is now gathering pace. This exciting
project uses social media during a
major incident to co-ordinate the
emergency services, and also harness
the role members of the public play in
supporting first responders. It has
now reached the stage where the
ATHENA app is ready for testing (p7).
The team are looking for volunteers
to help test the product. Testing
takes around 20 minutes. If you can
help, please contact the project
at [email protected]
Tina Orr Munro,
Editor, PNLD Police & Law Insight
[email protected]
www.pnld.co.uk
April 2015 – in this edition:
NEWS
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CONTENTS
insight
Police & Law
Bail proposals ‘unhelpful and expensive’ p4
HMIC concerns over how strip searches are conducted p5
Historic law to end modern slavery passed p6
Criminal Justice and Courts Act provisions in force p7
FEATURES
n
Reduction in sentence for assisting the police? p8
PNLD Senior Legal Adviser Marnie Ratcliffe examines
whether a convicted prisoner can get a reduction in
their sentence if they give the police information on a
current case
n
Leading the way p10
The College of Policing has published its interim review
of leadership. We examine some of its findings.
Cover photo:
sakhorn / Shutterstock
Publisher:
Chestnut Media, on behalf
of the Police National
Legal Database
PNLD
Ploughland House
62 George Street
Wakefield
WF1 1DL
Publishing consultants:
POLICE POLICY & PRACTICE p13
OSPRE® PART 1 PROMOTION EXAMS – Q&A p16
POLICE CAREER OPPORTUNITIES p18
LEGISLATION & STATUTORY INSTRUMENTS p20
CASE LAW & LEGAL QUERIES p24
Nigel Hughes
[email protected]
Robin Green
[email protected]
Marnie Ratcliffe
[email protected]
Editor:
Tina Orr Munro
[email protected]
Marketing Manager:
Caroline Lecomber
[email protected]
Marketing Officer:
Ashley Firth
[email protected]
PNLD Police & Law Insight
3
NEWS
Video link cuts police
court time
A police officer has given
evidence in court without
leaving the station where
he works thanks to the
installation of digital
technology.
The officer was beamed live from
Marsh Lane station in Merseyside’s
Bootle, where he works, into
Sefton Magistrates’ Court, via a
videolink. He gave evidence in the
trial of Ben Baxendale, 20, who
was found guilty of using
threatening words and behaviour
and criminal damage; the officer
then returned to his job.
Sefton Magistrates’ Court is
the first in Merseyside to have
WiFi installed and is considered
at the forefront of moves to
digitise aspects of the criminal
justice system.
Virtual courts were first piloted in
2009 to allow defendants in
custody to have their first hearing
held over secure video link.
Bail proposals ‘unhelpful and expensive’
The National Policing Lead for Criminal Justice has described
Home Office measures to limit police bail to an initial 28 days
as “unhelpful and expensive”.
Chief Constable Chris Eyre was
responding to Home Office
proposals published last month
following consultation on the
use of police bail. If they become
law, police bail would only be
used where necessary and
proportionate and would be
set initially at 28 days.
Mr Eyre said: “In an increasingly
globalised and digitised world
some cases are complex,
involving computers, forensics,
CCTV, interpreters, medical
evidence or cross-agency work.
These processes are time
consuming and cannot be
rushed. An initial 28-day time
limit on bail would be unhelpful
and expensive.”
Home Secretary Theresa May
said police had “taken steps” to
improve the way bail is used, but
only a change in the law could
“prevent people spending
months or even years on bail
when they have not even been
charged with an offence”.
The measures include:
n a statutory presumption to
release without bail, except
where it is necessary and
proportionate
n a statutory expectation that
bail won’t last longer than
28 days, after which the case
will be reviewed by a
superintendent who could
extend bail to three months
n a framework for courts to
review pre-charge bail
n formal guidance on imposing
conditions.
You can download the proposals
at gov.uk/government/
consultations/pre-charge-bailconsultation-on-statutory-timelimits-and-related-changes
Badger DNA clinches convictions in forensic ‘first’
It is the first time a badger DNA
profiling technique has been used
to match the dead animal to
blood samples recovered from a
suspect, the RSPCA said.
Derbyshire officers caught the
three men as they fled the scene.
DNA taken from blood and hair
found on shovels and a bloodstained vest matched a dead
badger found in an area of freshly
dug soil following a search of the
area. The animal’s skull had been
smashed and it had blunt trauma
injuries and puncture wounds.
Chief Inspector Ian Briggs, from
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PNLD Police & Law Insight
The use of badger DNA to secure a
conviction was a legal first
the RSPCA’s special operations
unit, said: “This case demonstrates
perfectly how modern forensic
techniques can be applied to
animal cruelty cases in order to
catch those who might previously
have evaded justice.
“By working closely with the
Wildlife DNA Forensic unit at
the Scottish Government’s Science
and Advice for Scottish Agriculture
we have been able to not only
catch these men, but connect
them specifically to the badger
they killed and use that evidence
to prove the case in court.”
Picture © Edward Hastings-Evans / Shutterstock.com
Three men have been jailed for 12 weeks for killing a badger after forensic experts identified the
dead animal’s DNA on one of the culprit’s bloodied clothes.
NEWS
HMIC concerns over how strip searches are conducted
Only four forces were able to
provide information about
searches involving the removal of
outer clothing, including strip
searches. HMIC said it was clear
the searches were taking place
“without proportionate and
necessary levels of supervision
and scrutiny”. Inspectors also
found police leaders showed a
“surprising lack of interest” in
how strip searches are carried
out, especially on children and
vulnerable people.
Inspectors said forces’ failure to
record strip searches meant they
are not able to completely
reassure the public that the police
use these powers in a “lawful,
necessary and appropriate” way.
Overall, HMIC said forces’
progress in improving their use of
stop and search powers had been
“disappointingly slow”. Police
leaders failed to understand the
impact the powers had on
people, especially the young.
HMI Stephen Otter said: “This is
disappointing because getting it
Picture © Wrangler / Shutterstock.com
Strip searches are happening without proper supervision and scrutiny, a HM Inspectorate of
Constabulary (HMIC) report on stop and search has found.
HMIC has raised concerns over the lack of adequate recording of the use of strip
searches, particularly those involving children, young people and the vulnerable
wrong can lead to resentment,
anger and, in time, a loss of trust
in the police.”
Mr Otter also singled out
the lack of progress police
leaders had made in
understanding what it feels like
to be stopped and searched.
National Policing Lead for
Stop and Search, Deputy Chief
Constable Adrian Hanstock
said it was clear progress
“had not been good enough”.
He added: “As a whole, we are in
a better position with stop and
search than we were following
HMIC’s initial report in 2013.
All forces now have a senior
manager designated to oversee
the use of stop and search, and
we are making better use of
technology to ensure that when
we use the power we record
that more reliably.”
Home Affairs committee highlights misuse of
out-of-court disposals
Out of court disposals should not be used to tackle serious crimes and offenders, the Home
Affairs Committee has warned.
Publishing its report on out-ofcourt-disposals (OOCDs) last
month, the Committee said too
many serious offences and
persistent offenders are given a
“slap on the wrist”.
MPs revealed that OOCDs had
been used for violent and sexual
offences that should have been
dealt with at court. There is also
evidence that repeat offenders
are given multiple OOCDs when
they should have received a more
serious sanction.
Keith Vaz MP, chairman of the
Committee, revealed that OOCDs
are misused in up to 30 per cent
of cases, which he described as
“alarming”.
He said forces interpreted
guidance on OOCDs in their own
way, leading to a “postcode
lottery” in the way crimes are
dealt with.
“It cannot be right that while an
offence committed in Cumbria
would go to court, in
Gloucestershire it may be dealt
with by a caution,” he added.
The report also found police
officers’ knowledge on the range
of disposals was patchy.
PNLD Police & Law Insight
5
NEWS
Historic law to end modern slavery passed
The Modern Slavery Act 2015, the first in Europe designed specifically to combat slavery and
trafficking, has received Royal Assent in what the Home Secretary called an “historic milestone”.
Metropolitan Police officer Kevin
Hyland. He will spearhead the
UK’s response both domestically
and internationally to make sure
the legislation is fully enforced.
The government has also
published a Modern Slavery
Strategy outlining how to respond
to the crime. The Act is expected
to become law before the general
election. Measures contained in
the new law include:
n maximum sentence increased
Met child sex abuse
inquiry grows
Public confidence in police rises
The Independent Police
Complaints Commission
(IPCC) is to manage a further
three investigations detailing
allegations of corruption in
the Metropolitan Police
Service (MPS) in relation to
child sex offences dating from
the 1970s to the 2000s.
This is in addition to 14 referrals
announced on 16 March, 2015.
The MPS voluntarily referred the
allegations to the IPCC due to
their severity.
The latest allegations refer to
suppressing evidence, hindering
or halting investigations, and
covering up the offences because
of the involvement of MPs and
police officers. The IPCC is also
assessing a further six referrals it
has received from the MPS
relating to similar matters.
In a statement the force said:
“Ongoing investigations and
recent convictions have shown
that the MPS is fully committed to
investigating non-recent
allegations of sexual abuse.”
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from 14 years to life
imprisonment
introduction of Slavery and
Trafficking Prevention Orders
and Slavery and Trafficking
Risk Orders
powers for courts to
order offenders to pay
Reparation Orders
a statutory defence for victims
so they are not criminalised
child advocates to support
child victims.
Theresa May called the
legislation the “strongest possible
signal to criminals that if you are
involved in this vile trade you will
be arrested, you will be
prosecuted and you will be
locked up”.
The Act consolidates existing
modern slavery offences into one
piece of legislation. It also creates
the role of Independent AntiSlavery Commissioner which has
been taken up by former
PNLD Police & Law Insight
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The number of people who feel the police are doing well and
provide a good service to victims of crime has risen, according
to latest figures from the Office of National Statistics.
The statistics show a two per
cent rise in the number of people
who said the police are doing a
good or excellent job; the overall
figure was 63 per cent, compared
to 47 per cent ten years ago.
The figures also show the
majority of victims are fairly or
very satisfied with the service they
received, rising to 74 per cent.
National Policing Lead for Crime
Recording and Statistics, chief
constable Jeff Farrar said: “It is
good to see that we are
continuing to service the public
effectively and confidence in the
work we do is increasing. This is
credit to the dedication of officers
and staff across the country who
continue to work hard to meet
the ever-changing demand the
police service faces.”
Leicestershire praised for mental health service
HM Inspectorate of Constabulary (HMIC) has praised the
Leicestershire force for its mental health provision following a
joint custody suite inspection with HM Inspectorate of Prisons.
Inspectors described “highly
innovative police and health care
partnerships” preventing mentally
ill people going into custody in
the first place as one of the better
services they had seen.
They also found people suffering
from a mental illness had direct
access to NHS beds reducing the
time spent in custody.
However, inspectors highlighted
a lack of local authority secure
accommodation for children
refused bail. In some cases,
children had also been
fingerprinted, photographed and
had given DNA samples without
an appropriate adult on hand.
The force has 79 cells (three
full-time suites and one standby).
NEWS
Criminal Justice and Courts Act 2015 provisions in force
The Act, which received Royal
Assent on 12 February, introduces
a range of new criminal offences
as well as amending sentencing
and release arrangements for
convicted offenders and
delivering the Government’s
judicial review reforms. Some of the most significant
provisions include:
n section 17 – places restrictions
on the use of cautions
n section 29 – adds two
offences to the Road Traffic
Act 1988 of causing death by
driving: disqualified drivers
(s3ZC) and causing serious
injury by driving: disqualified
drivers (s3ZD)
n section 32 – amends section
1 of the Malicious
Communications Act 1988, to
be an either way offence
n section 33 – creates the
offence of revenge porn
n section 36 – amends section
15 of the Sexual Offences Act
2003, to one prior meeting or
communication from two
n section 37 – amends the
Picture © photographee.eu / Shutterstock.com
A number of sections of the new Criminal Justice and Courts Act 2015 came into force
on 13 April 2015.
New offences relating to death and serious injury caused by disqualified drivers
are among a raft of measures introduced by the Criminal Justice and Courts Act
n
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definition of extreme
pornographic image in section
63 of the Criminal Justice and
Immigration Act 2008, to
include possession of
pornographic images of rape
and assault by penetration
section 51 – amends section
127 of the Communications
Act 2003, to extend time
limits for prosecution
sections 69-75 – create new
offences in the Juries Act
1974 relating to jurors,
electronic devices, sharing
research and disclosing
deliberations.
All amendments, new sections
and offence wordings are
available on PNLD. Guidance will
be added to the relevant
documents when they are in
force. The Home Office has
published comprehensive
guidance on the Criminal Justice
and Courts Act 2015, which can
be found online at gov.uk/
government/publications/
criminal-justice-and-courts-act2015-guidance
Testers sought for major incident app
An app which uses social media to co-ordinate the response from the emergency services and
members of the public during a major incident is looking for volunteers to test it.
Harvard University developers
are currently working on the
ATHENA app and are now
looking for people of all
ages and from all walks of life to
test it. Testers will be asked to
download the app and provide
feedback on its usability.
The testing takes around 20
minutes to complete and is
expected to take place six to
eight times a year. Testers will
need a basic understanding
of mobile apps and have
access to an iPhone or
Android smartphone.
The ATHENA project is
co-ordinated by West Yorkshire
Police. One of the strands looks
at how social media can be
harnessed to provide a
co-ordinated and effective
response during a disaster such
as a terrorist attack or flooding.
This approach includes co-opting
and directing members of the
public to help in the event of an
emergency as well as the
emergency services.
If you would like to take part in
the testing, please contact
[email protected]
PNLD Police & Law Insight
7
Can a person currently serving a prison sentence get a reduction in sentence if
he gives the police information on a current case? Does it make a difference if
he pleaded guilty or not guilty to the offence for which he was convicted? This
matter is discussed by Senior Legal Adviser Marnie Ratcliffe.
Where a person has pleaded
guilty to an offence the
procedure to obtain a reduction
in sentence for passing on
information to the police was
placed on a statutory footing in
the Serious Organised Crime and
Police Act 2005. This offers a
comprehensive framework of
general application for reviews of
sentences whenever imposed and
whenever the crime or crimes in
question were committed.
Section 74 of the Serious
Organised Crime and Police Act
2005 (SOCPA – document
D22132 on PNLD) applies in
situations where the offender
pleaded guilty to the offence for
which he was convicted and the
sentence was fixed by law. This
section can apply where an
offender has already received a
discounted sentence for assisting
in a case or where he has
received a sentence which is not
discounted, but now wishes to
offer assistance in a case.
Section 74 allows the sentence
already being served by the
offender to be reviewed by the
Crown Court rather than, as
previously, the Home Office
and the Parole Board, and that
review must, if possible, be
heard by the judge who passed
the original sentence.
A written agreement is made
between the offender and a
specified prosecutor, which is
then put before the court. In
determining what sentence to
give, the court may take into
account the extent and nature of
the assistance given or offered.
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PNLD Police & Law Insight
picture © sakhorn / Shutterstock
FEATURES
Reduction in sentence for assisting the police?
If a defendant who has pleaded not guilty and withheld all co-operation from the
police is then jailed, he cannot expect a reduction in sentence if he subsequently
offers help – although each case must be judged on its own particular facts, and
there may be exceptions
Not guilty plea
But what happens where a
person has pleaded not guilty,
has been subsequently convicted
and now claims to have
information which would prove
useful to the police? In order to
answer this we have to look back
at the previous system, where a
letter was written to the judge,
often referred to as ‘texts’ and the
system itself as the ‘text regime’.
The leading case on this subject
is R v H, D, Yasser Chaudry [2009]
EWCA Crim 2485. These were
three matters about the same
subject and so were heard
Where a defendant has
pleaded not guilty and
withheld all co-operation
from the police, he
cannot expect a
reduction in sentence
when he subsequently
offers help.
together. The basic premise for
all three was that information
passed to the police was not
heard before sentence or that the
statutory agreement was flawed
in some way or the reduction was
deemed not be enough.
This case made it clear that,
although the procedure has
been placed on a statutory
footing the old system is still in
place for those who fall outside of
the regime, namely those who
did not fully admit their part in
the crime for which they have
been convicted.
The court in this case stated
that the Court of Appeal was
a court of review; it would
review sentence but it would
not conduct an exercise of
sentencing for itself, it reviewed
information that had been placed
before the sentencing court.
However, it also stated that
realism dictated that:
“...the investigative process is
not to be deprived of the
assistance derived from those
who are, for whatever reason,
unable or unwilling to enter into
the formalised process
envisaged in SOCPA, but they
must take the consequence that
any discount of sentence may
be correspondingly reduced,
simply because the value of
assistance provided in this
form is likely to be less, and is
in any event less readily
susceptible to a safeguarding
review.... than it would if
provided under the formal
arrangements now available.”
The principle for the text regime
is derived from R v A (Informer:
reduction of sentence): R v B
(Informer: reduction of sentence)
[1999] 1 Cr App R (S) 52. The
principle being that a defendant
who denied all guilt and withheld
all co-operation before conviction
could not hope to negotiate a
reduced sentence in the Court
of Appeal by co-operating
after conviction.
However, there are exceptions,
and one partial exception is
where a defendant has pleaded
guilty and has offered
information to the authorities
before sentence has been
passed but the information was
not fully appreciated, or it went
far beyond what was expected,
so that the credit that has been
previously given did not reflect
the nature of the assistance
given. In such cases the court
should, and in this case did,
review the sentence.
So, as can be seen from
above, where a defendant has
pleaded not guilty and withheld
all co-operation from the police,
he cannot expect a reduction
in sentence when he
subsequently offers help.
However, each case must be
judged on its own particular
facts, and where there is an
exceptional reason as to why a
reduction should be considered
then it would be for the Court
of Appeal to make that decision.
PNLD Police & Law Insight
FEATURES
If, following a guilty plea,
the offender is in prison on
remand, and has not yet been
convicted and/or sentenced,
section 73 of SOCPA (document
D22131 on PNLD) will apply.
This contains similar provisions to
section 74, whereby a written
agreement can be made
regarding their assistance in that
or another offence, which can be
submitted to the court as
mitigation to enable the court
to consider passing a lower
sentence (possibly below the
statutory minimum sentence).
In determining what sentence
to give, the court may again
take into account the extent
and nature of the assistance
given or offered.
A term of the written
agreement, in relation to either
situation, will be that the offender
pleads (or has pleaded) guilty. An
example of a written agreement
can be referred to in document
D22134 on PNLD. Further
guidance on these provisions can
be found in the cases R v P and R
v Blackburn (2007) (document
C1879 on PNLD).
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FEATURES
10
Leading the way
The College of Policing has published its interim review of leadership; we
examine some of its findings.
Greater public expectation,
changing demographics, financial
pressures, complex technology
and an explosion in social media
– these are the pressing issues
facing the police leaders of
tomorrow, according to interim
findings of a review of police
leadership published by the
College of Policing in March.
This wide-ranging, evidencebased review runs to 70 pages
and outlines what tomorrow’s
leaders should look like as well
as the changes the service must
make if it is to successfully tackle
the challenges that lay ahead.
So what qualities, according to
the review, will our future leaders
need? The ideal police leader will
be driven by the core values of
policing. They will be open to
challenge and quick to adapt.
They should have the ability to
understand and exploit
technology as well as have good
business practice. They will
empower, trust and support
every individual in their force to
succeed. They will cope with
emerging crime and public safety
issues. They will value difference
and diversity and accept personal
accountability while retaining
the trust of their communities.
They will be resilient in
responding and adapting to high
pressure and complex situations,
without compromising these
other characteristics.
However, having the right
leadership qualities will not be
enough. The review identified a
raft of obstacles contained within
six broad areas that must be
tackled to enable police leaders
to deliver a professional service.
PNLD Police & Law Insight
In short, the service must also
undergo drastic change. If it
doesn’t, there is “a serious risk”
it will falter under the twin
pressures of financial constraint
and declining legitimacy, said
the review.
Improving culture
The first area considered by the
review is police culture. While
there are positive aspects, such as
a ‘can do’ attitude, it is also seen
as preventing change and stifling
internal challenges. The review
Unintended consequences
of hierarchy
Most of the current rank
structure has existed since 1829.
However, the rigid hierarchy
creates layers of bureaucracy and
supervision which prevent people
doing the best job that they can,
the review found. As a result, it
recommends that the service of
the future should have fewer
ranks. This flatter structure,
favoured in the commercial
sector, would mean less people
involved in making decisions and
fewer barriers to communications
which may allow a force to
respond more quickly to changes.
found that the need to change
the culture underpinned many of
its recommendations, but that
the challenge to change could
not be underestimated.
The review offered ways to
improve culture. For example, in
Increasing diversity and
valuing difference
There are few within policing
who don’t recognise the
importance of diversity. As the
review says: “The police service
must reflect, understand and
enjoy the trust and confidence of
all the diverse communities it
serves.” However, if the police
service of 2026 is to truly
represent the predicted BME
population of England and Wales,
it will need to recruit around
17,000 BME officers in the next
ten years.
The review said people would
feel more confident that getting
in and getting on in the service
was based on merit if recruitment
and selection shifted towards a
values-based methodology and
promotion was more objective. It
recommended that all
assessments for local and national
recruitment, selection, or
promotion should reflect and
promote the nine principles
contained in the Code of Ethics.
FEATURES
picture © everything possible / Shutterstock
the future, greater emphasis
should be placed on what officers
and staff know rather than their
rank, which means leadership
must be developed at all levels.
The ‘heroic’ model of leadership,
where the will of the leader is
carried out, should also change.
Future leaders should be
‘enablers’, there to ensure the
success of teams.
To achieve these and other
changes, the review recommends
existing police leaders “influence
and drive the required culture
change by demonstrating their
own commitment to personal
development and supporting the
implementation of the review”.
Developing management
and leadership
The review said the service must
spend more time on “developing
staff than on checking whether
they have done things right”. This
would mean leaders taking
responsibility for succession
planning, talent identification and
management, within frameworks
set by human resources.
The review also recognised
senior police leaders are
managing complex organisations
and that their ability to do so
successfully would be improved
by adopting a more commercial
mind-set. Consequently,
leadership development must
include business capabilities and
management education and
training. The College will be at
the forefront of establishing a
new model of leadership and
management training and
PNLD Police & Law Insight
11
picture © amasterphotographer / Shutterstock
FEATURES
development which is accessible
to all within policing.
Recognising lateral
development
At present, success in policing is
mostly defined by promotion, yet
80 per cent of officers and staff
remain on the first rung of the
promotion ladder. As a result, the
review found “an increasing need
to better define, support, and
acknowledge the career
development and leadership skills
of highly experienced and skilled
practitioners, many of whom will
remain in the junior ranks and
grades of policing”.
Police powers may also look
rather different in the future. The
review envisages powers,
authorities and practices being
more closely linked to
accreditation and development:
“It is possible that in future some
basic powers may be bestowed
on those working in policing from
day one of their careers, while
others, often linked to specialist
areas of policing, may be linked
to accredited experience and
professional development.”
Achieving consistency
across forces
Inconsistency in standards,
unfairness in procedures and bias
in recruitment and promotion
processes were a concern among
the review’s contributors. The
review found evidence to show
that the way individuals feel
about how they are treated at
work is linked to retention,
productivity, performance and
officers’ attitudes to the public.
As a result, the review found
support for introducing national
standards at all ranks to help
drive consistency. While national
standards have been in place for
12
PNLD Police & Law Insight
many years at some ranks, at
others – particularly between
chief inspector and chief
superintendent – there are no
national standards for promotion.
Overall, the review makes ten
recommendations for change
and warns that the risks of not
making progress are now
“greater than ever”.
There is still time to contribute
to the review, the final version
of which will be published in
June. Please go to:
www.college.police.uk
n A guide to raise awareness
and demystify FGM for police
officers has been published by
the College of Policing as part of
its Authorised Professional
Practice (APP) series.
The guide tells officers how they
can spot the signs of FGM; why
it’s practised; how it is carried
out; how to talk to potential
victims; using interpreters; and
the role of the police. It also
contains a scenario on FGM that
happens in the UK, and examples
of acts taking place outside the
UK, carried out by a UK person.
It can be downloaded at
www.college.police.uk
Police data on hate crime incidents and attacks is to be shared with Jewish and
Muslim groups in response to increased community tensions
The police have agreed to share
hate crime data with Jewish and
Muslim organisations in response
to increased tension in the
community, the Association of
Chief Police Officers has said.
Community Security Trust (CST),
a charity that protects British Jews
against anti-Semitism, and TELL
MAMA, a project that records
attacks on Muslims, will be shown
anonymous data to understand
the nature and extent of hostility.
Police will only refer individual
details with a victim’s permission.
National Policing Lead for Hate
Crime, Assistant Chief Constable
Mark Hamilton said: “It’s vital that
POLICE POLICY & PRACTICE
The Home Affairs Committee has
highlighted the “chasm” that
exists between the number of
reported cases of FGM and the
lack of prosecutions.
“Someone, somewhere is not
doing their job effectively,” the
Committee said. In its follow-up
report, the Committee welcomed
provisions in the new Serious
Crime Act which introduced
mandatory reporting of FGM by
healthcare professionals, teachers
and social care workers to the
police, but said it was unclear
what happened if a professional
failed to report FGM.
The Committee recommended
that the Government introduces
sanctions ranging from
compulsory training to a criminal
offence for intentional or
repeated failure to report FGM.
There have been no successful
prosecutions for FGM in the UK in
the last 20 years. In Heartlands
Hospital in Birmingham, 1,500
cases of FGM were recorded in
the space of five years.
Policy & Practice: Hate crime data
shared with Jewish and Muslim groups
picture © Minerva Studio / Shutterstock
Policy & Practice:
Frontline workers fail
to respond to FGM
we share available data to give us
the clearest picture of the extent
of hostility.”
John Mann MP, chair of the
All-Party Parliamentary Group to
combat anti-Semitism said: “This
is an important and welcome step
from the police. Data sharing
between the police and CST
allows the UK to boast one of, if
not, the best data set on antiSemitism in the world.”
The data sharing agreements
are available on True Vision, the
police hate crime website, at
www.report-it.org.uk/
information_sharing_agreement
Policy & Practice: Guide teaches officers to
spot children and families in difficulty
Advice aimed at helping officers
intervene in vulnerable children
and families before it is too late
has been published by the
College of Policing and the Early
Intervention Foundation (EIF).
The guide, the first in a series for
frontline professionals, offers
advice on identifying the warning
signs, such as poor living
conditions, dropping out of
school, domestic abuse and
aggressive behaviour.
Tackling crime and anti-social
behaviour costs the police
£1.8billion a year, the EIF
estimates. The guide has been
developed with officers, PCSOs
and PCCs; it can be found at
www.eif.org.uk/wp-content/
uploads/2015/03/Police-GuideFINAL-FINAL.pdf
PNLD Police & Law Insight
13
POLICE POLICY & PRACTICE
Policy & Practice:
Calls for refresher
training on PINS
Police officers who misuse Police
Information Notices (PINS) should
be given remedial training, a
Home Affairs Select Committee
has said.
PINS are issued where there are
allegations of harassment. They
are not covered by legislation and
do not form any kind of legal
action, but are useful for future
legal proceedings as signing the
notice demonstrates a person is
aware that their behaviour could
amount to harassment. There is
no right of appeal.
The Committee said forces need
to give officers more training to
ensure PINS are used alongside a
‘good risk assessment and
sufficient investigation’. PINS
should not be used if an
investigation has established a
course of conduct.
The Committee also said
people should be allowed to
have their say before signing a
PIN and that this wasn’t
happening in many cases.
It called on forces to publish
monthly statistics on the number
of PINS issued. A total of 900
PINS were issued in GMP,
1,500 in Sussex and 2,900 in
Thames Valley.
Policy & Practice: Mass roll-out of
property marking kits begins
Around 440,000 homes in
burglary hotspots across London
will receive a free property
marking kit in what the
Metropolitan Police Service (MPS)
has called “the world’s largest
roll-out of traceable liquid”.
Owners can then mark their
possessions with a unique
forensic code and display
warning stickers in a bid to deter
burglars. Police can also use
the code to trace stolen goods
and to link suspects to crime
scenes, as part a three-year
‘Met Trace’ programme.
Created by SmartWater
Technology Ltd, the liquid, which
is virtually impossible to remove,
can only be viewed under UV
light, and has already reduced
burglary rates. A recent trial
across five London boroughs led
to a 49 per cent drop in
burglaries, with some areas
seeing a reduction of over 70 per
cent. More than half of the
residents involved in the pilot said
they felt safer having applied the
liquid to items in their homes.
The Mayor’s Police and Crime
Plan set a target to reduce
burglary by 20 per cent by 2016
and the number of burglaries in
the capital is down 23 per cent
compared to March 2012.
Policy & Practice: Durham completes
force-wide camera roll-out
Durham Constabulary has
become the first force in the
country to equip all its frontline
officers with body-worn cameras,
following the completion of the
force’s roll-out.
A total of 800 cameras have
been issued and training given to
the force’s officers, PCSOs and
Special Constables.
Assistant Chief Officer Gary
Ridley called the roll-out “a big
step forward for the force and the
community”. He added: “Both
officers and staff regard them as
helping them do their job more
effectively, and victims of crime
can feel reassured that the
cameras will help us deal with
them more efficiently.”
Police and Crime Commissioner
Ron Hogg said the cameras
improved victim satisfaction and
public confidence and led to
“speedier resolution of
complaints against officers”.
Policy & Practice: Undercover policing comes under the spotlight
Covert policing is to be
reviewed by a national scrutiny
panel to improve public
confidence in how undercover
police officers operate.
The group, comprising
academics, police representatives,
the CPS and the Society of
Editors, says it will initially
concentrate on how undercover
officers are trained, as well as
14
PNLD Police & Law Insight
standards and accreditation.
According to the HM
Inspectorate of Constabulary,
there were 1,229 undercover
officers across 43 forces, as of
October 2014. The panel is
expected to complete its review
by January 2016.
The panel has been set up
against the backdrop of
an inquiry set up by Home
Secretary Theresa May. The
inquiry includes undercover
policing and the operation of the
Metropolitan Police’s Special
Demonstration Squad (SDS).
She said the inquiry was an
opportunity to learn the lessons
of past failures after Operation
Herne had unearthed “serious
historical failings in undercover
policing practices”.
MPs have raised concerns that
police are uploading custody
photos to the Police National
Database and applying facial
recognition software, even in
cases where the person is not
charged with any crime.
The cross-party Science and
Technology Committee said
Government failure to respond to
the growing use of biometric data
has allowed forces to collect data
without proper oversight: “We
are not against the police using
biometric technologies like facial
recognition software to combat
crime and terrorism. But we were
alarmed to discover that the
police have begun uploading
custody photographs of people
to the Police National Database…
without any regulatory oversight –
some of the people had not even
been charged.”
The Information Commissioner’s
Office said the Protection of
Freedoms Act 2012 does not
extend to photographs and there
is no specific legislation covering
their retention or use by the
police. MPs have recommended
the legal responsibilities of the
Biometrics Commissioner are
extended to cover the police use
and retention of facial images.
Policy & Practice: PACE Code A revisions come into force
Changes to the code of practice
regulating police powers to stop
and search people and vehicles
took effect last month.
PACE Code A governs the
exercise by police officers of
statutory powers to search a
person or a vehicle without first
making an arrest. In addition, it
covers requirements on police
officers and police staff to record
encounters not governed by
statutory powers.
The new code supersedes
PACE Code A 2013. It aims
to make clear what constitutes
“reasonable grounds for
suspicion” – the legal basis
upon which police officers carry
out the vast majority of stops.
The revised code also emphasises
that where officers are not using
their powers properly they will be
subject to formal performance or
disciplinary proceedings.
POLICE POLICY & PRACTICE
Policy & Practice: Legal loophole allows police to upload
photos of innocent people
The revised code of practice
is in force, and can be found on
PNLD at document S66
PNLD Police & Law Insight
15
OSPRE® PART 1 PROMOTION EXAMS
The following questions are taken from Blackstone's Police Q&As 2015, the essential revision
tool for all police officers sitting the OSPRE® Part 1 promotion examinations.
Evidence and Procedure: Bail
Question 1
Question 2
FINCH is on police bail for a robbery offence and is
due to return next week. Despite a very thorough
investigation no eyewitness has been obtained. The
investigating officer asks the custody officer to
supply to the defendant a notice under s. 47(4) of
the Police and Criminal Evidence Act 1984 that their
attendance is no longer required. This is done;
however, two days later an eyewitness comes
forward identifying FINCH as the robber.
Which of the following is correct in relation to
action the police may now take?
Constable MAHON arrests BLAKE for an offence and
decides to bail her under the terms of s. 30 of the
Police and Criminal Evidence Act 1984 (street bail).
Which of the following is correct?
A: The police must serve a notice on FINCH that
the bail date has been re-instated.
B: The police must attend at his home address and
give him a street bail notification.
C: The police can re-arrest FINCH and can do so
without warrant.
A: Constable MAHON may bail BLAKE with any
condition available to a custody officer, except
surety or security.
B: Constable MAHON may bail BLAKE with
no conditions; ‘street’ bail can have no
conditions attached.
C: Constable MAHON may bail BLAKE with
no conditions. Only a sergeant may invoke
conditions on street bail.
D: Constable MAHON may bail BLAKE with a
condition that she is not to contact the victim
of the offence only.
D: The police can re-arrest FINCH, but this must be
done with a warrant issued by the court.
Question 3
Constable JULKIES is dealing with a case of theft and
has bailed the accused under s. 30 of the Police and
Criminal Act 1984 until tomorrow. The officer has
bailed the accused to the nearest police station
which is not designated.
In relation to this which of the following is correct?
A: The officer is not correct as the accused should
only have been bailed to a designated station.
B: The accused must be released with within six
hours of his arrival at the non designated station.
C: The accused must be released or taken to a
designated station within six hours of his arrival
at the first station.
D: The accused must be charged within six hours of
his arrival at the non designated station.
Questions and answers reproduced with permission from Blackstone's – www.blackstonespolice.com
16
PNLD Police & Law Insight
The Police and Criminal Evidence Act 1984
provides that a person may be released on bail with
a duty to surrender at a given time and date while
inquiries are ongoing. A custody officer, having
granted bail to a person subject to a duty to appear
at a police station, may give notice in writing to that
person that their attendance at the police station is
not required (s. 47(4)). However, nothing in the Bail
Act prevents the re-arrest without warrant (answer D
is therefore incorrect) of a person released on bail
subject to a duty to attend at a police station if new
evidence justifying a further arrest has come to light
since their release (s. 47(2)). Answers A and B both
have ‘must do’ but as stated there is nothing
preventing re-arrest; they are both incorrect.
Evidence and Procedure, para. 2.3.3
Answer 2 – A
The Police and Criminal Evidence Act 1984, s. 30A
provides for persons arrested elsewhere than at a
police station to be released on bail without being
required to attend a police station this means that
bail provisions already available in relation to
people at the charging stage of the process are
now available to officers granting bail elsewhere
than at a police station; answer B is therefore
incorrect. This is all conditions that are available
(except conditions relating to surety/securities), not
just selected ones; answer D is therefore incorrect.
These conditions can be imposed by anyone
granting street bail, irrespective of rank; answer C is
therefore incorrect.
Evidence and Procedure, para. 2.3.2.2
Answer 2 – C
There is nothing is s. 30 of the Police and Criminal
Evidence Act 1984 that states you can only ‘street
bail’ someone to a designated station; answer A is
therefore incorrect. Section 30C(2) states:
If a person is required to attend a police station
which is not a designated police station he/she
must be:
OSPRE® PART 1 PROMOTION EXAMS
Answer 1 – C
(a) released, or
(b) taken to a designated police station,
not more than six hours after his/her arrival.
This is more than just release and does not amount
to charge; answers B and D are therefore incorrect.
Evidence and Procedure, para. 2.3.2.4
Studying for police exams?
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It’s available to access on any web-enabled device, making it even easier for you to study away
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easy for you to tap into a wealth of legal information that will help you to achieve your full potential.
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Regulations, Case Summaries and our easy to understand legal guidance notes, studying has never
been easier. Access PNLD now by visiting the subscription page on
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PNLD Police & Law Insight
17
JOBS in association with AllPoliceJobs.co.uk
The latest police and police staff vacancies across the UK
Firearms Officer – Sergeant
British Transport Police
British Transport Police (BTP) is
recruiting Firearms Officers in the
rank of Sergeant to join our
Counter Terrorism Support Unit.
Officers will be recruited against
the Armed Response Vehicle (ARV) Officer role
profile and will become part of a highly trained,
well disciplined, and professional team. You will
be working with a team of firearms supervisors
and tactical advisors, and will be supported by a
dedicated training team.
Closing date 15/05/2015
Commander – National Lead for
Economic Crime
City of London Police
£95,640 – £107,976
As the national lead for economic
crime you will be responsible for
providing strategic advice on fraud
and other matters relating to economic crime to
other police forces and law enforcement
agencies as well as stakeholders (nationally and
internationally) and industry experts, ensuring
that the City provides a world class service to
those affected by economic crime.
Closing date 24/04/2015
Chief Information Officer
Metropolitan Police
£152,915 – £197,133 plus
£3,501 location allowance
This highly influential role will
be fundamentally important to
shaping the future strategies
and operational policing of the
MPS. You will have direct responsibility for
leading Digital Policing, the team tasked with
developing and delivering ICT policies, processes,
tools and services. Its work is crucial to helping us
harness the full potential of information and
technology in our total war on crime in capital.
Closing date 11/05/2015
Financial Investigator
Greater Manchester Police
£27,246 – £31,620
The primary role of this job is to
undertake confiscation
investigations following the
conviction of offenders for crimes
from which they have benefited financially. Using
current legislation, you will be required to
calculate such benefits, and identify assets the
defendant owns, that may be available to satisfy
a confiscation order, providing written statements
in support of your assertions and attending
Crown Court to give evidence to prove the case.
Closing date 26/04/2015
Head of Prosecutions
Firearms trainer
This is a strategic role with
responsibility to lead on agreed
changes through government
initiatives through the criminal
justice system. To work as part
of a regional team with specific
responsibilities for two forces.
You will be responsible for the
daily maintenance of all ranges
and associated equipment and
maintaining all operational and
training equipment including
vehicles. In addition to this, you will carry out
internal and external risk assessments.
Leicestershire / Northamptonshire Police
£49,058 – £51,084
Closing date 23/04/2015
Avon and Somerset Constabulary
£27,244 – £29,014
Closing date 24/04/2015
For a complete list of current police and staff vacancies in England and Wales, visit
www.allpolicejobs.co.uk
18
PNLD Police & Law Insight
Empowering the public
www.askthe.police.uk
www.askthe.scottish.police.uk
The police receive thousands of non-emergency calls each week from members of
the public. Although important, these calls are, inevitably, time consuming.
Many of the questions focus on routine aspects of criminal law or police procedures
and are repeated time and time again.
‘Ask the Police’ contains nationally consistent answers to around 800 of the most frequently asked questions
posed to the police.
By accessing this free website, the public can quickly and easily find the answers they need; they are then
empowered to decide what course of action they should take.
‘Ask the Police’ features a wide range of topics, from what to do after having a road accident to who to contact
about anti-social behaviour in your neighbourhood.
Visitors to the site can also ask a question by email, PNLD aim to give an answer within 24 hours. New
questions and answers are being added to the site continually to reflect the changing concerns of the public.
The website has been optimised for use on all web-enabled devices.
Due to its popularity the option to embed ‘Ask the Police’ is now available to purchase. Embedding ‘Ask the
Police’ within police websites has become more and more popular, especially as the site is now recognised as a
valuable resource of police information. For more information contact: [email protected]
It is estimated that www.askthe.police.uk saves the Police Service over £25 million per year.
The potential savings for the police in respect of cost, time and resources is huge in comparison to the cost of an
average non-emergency telephone call - just from the click of a button!
More than 40,000 England and Wales app downloads
New for April 2015:
Over 600 downloads of our new Scotland app
within the first week of release!
LEGISLATION & STATUTORY INSTRUMENTS
20
Legislation – Statutory Instruments: These statutory instruments have
recently come into force, or are due to come into force shortly
Came into force
1 April 2015
The Police (Amendment)
Regulations 2015, No 455
These Regulations make various
amendments to the Police
Regulations 2003 (“the 2003
Regulations”). Regulation 3
amends regulation 19 of the 2003
Regulations in order to require
DNA samples to be taken from
serving police officers, and not
just from candidates for
appointment and new recruits as
was the case before these
Regulations came into force.
The samples are to be used for
elimination purposes – in other
words, for the purposes of
establishing that a sample
recovered from a crime scene
does not originate from a police
officer dealing with the crime.
Regulation 4 amends regulation
22 of the 2003 Regulations by
inserting new provision to allow
the Secretary of State to
determine the circumstances
in which a member of a police
force may be placed on limited
duties, and defines limited duties
as recuperative duties, adjusted
duties and management
restricted duties. Regulation 5
inserts a new regulation 28A into
the 2003 Regulations to require
the Secretary of State to
determine the entitlement to
pay of a member placed on
adjusted duties.
Regulation 6 amends regulation
46 of the 2003 Regulations in
order to update it in the light of
the changes made by the Anti
Social Behaviour, Crime and
Policing Act 2014, including the
abolition of the Police
Negotiating Board. The
PNLD Police & Law Insight
requirements for consultation
concerning proposed
determinations will now broadly
mirror the new consultation
requirements relating to the
making of regulations under
section 50 of the Police Act 1996.
Came into force
1 April 2015
The Police Pensions
Regulations 2015, No 445
These Regulations establish a
career average revalued earnings
scheme for the payment of
pensions and other benefits to
members of police forces in
England and Wales.
Came into force
1 April 2015
The Special Constables
(Amendment) Regulations
2015, No 461
These Regulations amend the
Special Constables Regulations
1965 (“the 1965 Regulations”).
Regulation 3 amends regulation
1B of the 1965 Regulations in
order to enable Chief Officers
to require DNA samples to be
taken from special constables,
and not just from candidates for
appointment as was the case
before these Regulations came
into force.
The samples are to be used for
elimination purposes – in other
words, for the purposes of
establishing that a sample
recovered from a crime scene
does not originate from a special
constable dealing with the crime.
This includes checking DNA
profiles recovered from crime
scene samples against the profiles
of individual special constables,
and also wholesale checking of
the database of special
constables’ profiles against the
National DNA Database.
Individual samples will be
destroyed 12 months after the
relevant special constable ceases
to be appointed as a special
constable for a police area,
except where they are appointed
as a special constable in another
police area, or where they
become a member of a police
force for that area or another
police area.
Regulation 4 amends regulation
4 of the 1965 Regulations to
permit local policing bodies to
approve the matters in respect
of which special constables may
be paid allowances, and to
permit the local policing body
for an area to decide the amount
of those allowances and what
if any conditions to make the
payment of the allowances
subject to.
Regulation 5A is amended to
remove the requirement for the
approval of the Secretary of
State before payments may be
made by local policing bodies to
special constables, and
consequential amendments are
made to paragraphs (2) and (3)
of that regulation.
Regulation 5 amends regulation
5A of the 1965 Regulations with
the effect that the approval of the
Secretary of State is no longer
required before local policing
bodies may make payments to
special constables.
Regulation 6 provides
transitional provision with the
effect that any approvals by the
Secretary of State, under
regulation 4 of the 1965
The relevant documents on
PNLD have been updated
Came into force
8 April 2015
The Independent Police
Complaints Commission
(Complaints and Misconduct)
(Contractors) Regulations
2015, No 431
These Regulations provide for the
basis on which the Independent
Police Complaints Commission
(“the Commission”) has oversight
of complaints and other matters
relating to the conduct of a
contractor. The statutory
framework in accordance with
which the Commission has
oversight of police conduct is set
out in Part 2 of, and Schedule 3
to, the Police Reform Act 2002
(“the 2002 Act”). The
Commission was established by
the 2002 Act to provide an
effective and independent means
of overseeing the investigation of
complaints and alleged
misconduct relating to the actions
of the police. These Regulations
are made under the 2002 Act and
make provision which broadly
reflects existing arrangements in
accordance with which the
Commission has oversight of the
police, but with modifications in
parts where it is necessary to
reflect differences between
contractors and the police.
Part 1 contains introductory
provision and an interpretation
provision (regulation 2); this
includes a definition of the
appropriate authority, which
performs a number of
investigative functions under the
framework established by these
Regulations. The appropriate
authority is ordinarily the chief
officer of police but may also be
the contractor manager.
Regulation 3 makes saving and
transitional provision to the effect
that these Regulations do not
apply to a matter in respect of
which section 39(9) to (11) of the
2002 Act continues to apply or
a matter which arose prior to 8
April 2015. Regulation 4 provides
that the relevant provisions in or
under the 2002 Act listed in the
first column of the table in the
Schedule to these Regulations
are to be read as having effect as
set out in the provisions of these
Regulations listed in the second
column of the table. Regulation 5
provides for chief officers of
police to be able to delegate the
functions of the appropriate
authority to a contractor manager
in respect of a contractor.
Part 2 contains provision which
sets out the broad basis on which
the Commission has oversight of
complaints and misconduct
relating to contractors. This Part
sets the general functions of the
Commission and the reporting
requirements which apply to it
(regulations 6 and 7). Regulation
8 defines the matters which may
be the subject of an investigation
under these Regulations (a
complaint, conduct matter or
death or serious injury (or DSI)
matter). Regulations 9 to 12
makes provision in respect of the
general duties of local policing
bodies and others, payment for
assistance (eg in a case where
the police assist with an
investigation), the provision of
information to the Commission
and requirements in relation to
onward disclosure of such
information and the inspection
of a contractor’s premises by
the Commission.
Regulations 13 to 16 make
provision for keeping
complainants and other
interested persons informed
about investigations, and includes
provision about the manner in
which these requirements are
fulfilled and exceptions to them.
Part 3 contains provision about
the handling of complaints. It
imposes duties to preserve
LEGISLATION & STATUTORY INSTRUMENTS
Regulations, in force immediately
before these Regulations come
into force shall be treated as
having been given by the local
policing body for every police
area immediately after these
Regulations come into force.
A local policing body for a police
area may amend or withdraw
that approval at any time after
the coming into force of
these Regulations.
When you really can’t afford to get it wrong...
PNLD’s legal team ensure that the legislation on our database is accurate and timely. Statutory
Instruments and new legislation are added to the legal database as soon as it is brought into
force, providing you with complete reassurance that the information you see is correct.
www.pnld.co.uk
PNLD Police & Law Insight
21
LEGISLATION & STATUTORY INSTRUMENTS
22
evidence (regulation 17), handling
and recording of complaints
(regulations 18-21), the cases in
which complaints are referred to
the Commission (regulations 22
and 23) and the handling of
complaints by the appropriate
authority (regulations 24-27).
There are prescribed appeal
rights in certain cases
(regulation 28).
Part 4 contains provision about
the handling of conduct matters.
It imposes duties in relation to the
identification and recording of
conduct matters (regulations 29
to 31), preservation of evidence
(regulation 32) and the cases in
which conduct matters are
referred to the Commission
(regulations 33 and 34).
Part 5 contains provision about
the handling of DSI matters. It
imposes duties to record DSI
matters and preserve evidence
(regulations 35 and 36) and the
reference of DSI matters to the
Commission and its
corresponding duties on a referral
to it (regulations 37 and 38).
Part 6 contains provision
governing the basis on which the
Commission determines the form
of an investigation in a matter
referred to it (regulation 39),
ranging from investigations
carried out by the appropriate
authority on its own behalf
(regulation 42) or supervised or
managed by the Commission
(regulations 43 or 44) to
investigations carried out by the
Commission itself (regulation 45).
PNLD Police & Law Insight
There is also provision governing
the appointment of investigators
(regulation 40) and the processes
which apply in specific cases (eg
withdrawn complaints or the
resumption of an investigation
following the conclusion of
relevant criminal proceedings
(regulations 41 and 50 to 53)).
Provision is also made for the
Commission to require
information to be provided
through service of an information
notice (regulations 46 to 49).
Part 6 also contains provision
governing a special procedure
which applies in a case in which a
conduct matter is revealed during
the course of the investigation of
a complaint (regulations 54-58),
the Commission’s powers to
interview witnesses (regulation
59), restrictions on certain
proceedings during an
investigation (regulation 60) and
an accelerated procedure in cases
where gross misconduct is
identified during an investigation
into a complaint or conduct
matter (regulations 61-68). This
Part also contains provision
governing the discontinuance of
an investigation (regulations 69
and 70) and the procedure in
cases where a conduct matter is
revealed during an investigation
into a DSI matter (regulation 71).
Part 7 sets out the basis
governing the submission of
investigation reports, the actions
which the Commission or the
appropriate authority are required
to take, the prescribed appeal
rights in relation to an
investigation and the availability
of a review or reinvestigation
following an appeal (regulations
72-78). Regulation 79 sets out the
duties on the appropriate
authority with respect to
disciplinary proceedings (eg
following a recommendation
made by the Commission) and
the information which is required
to be provided to complainants
about such proceedings
(regulation 80). Regulations 81
and 82 make provision for the
Commission’s power to make
recommendation in certain cases
and the corresponding duties on
person to whom such
recommendations are made.
Part 8 contains provision about a
number of general matters
including appeal processes and
which person may hear an appeal
(regulations 90 and 91).
Came into force
8 April 2015
The Police (Promotion)
(Amendment) Regulations
2015, No 453
These Regulations amend the
Police Promotion Regulations
1996 (“the 1996 Regulations”) to
implement the decision to require
all forces to use the National
Police Promotion Framework,
which includes an assessment
based on a written paper, and a
work based assessment. Officers
who passed the previous practical
tests element of the assessment
prior to 1st April 2015 will still be
eligible for promotion.
These Regulations also amend
the 1996 Regulations to replace
references to the examinations
board with references to the
College of Policing.
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1
CASE LAW & LEGAL QUERIES
24
PNLD REF: C3205 / Davies (by her mother and litigation friend) v
Chief Constable of Merseyside Police 2015
PACE Code C Annex A paragraph 11 applied to all powers given to custody officers under
section 54 PACE, including the power to remove and seize clothing
Citation: [2015] EWCA Civ 114
Court: Court of Appeal
Summary
D, who had been 14 years old at
the relevant time, was arrested.
Her behaviour at the time of
arrest was so uncontrolled and
aggressive that she was
handcuffed and taken to a
police station.
The custody officer ordered that
her clothing be removed
because, having consulted her
previous custody record, she was
a suicide risk and she might use
the clothing as a form of ligature.
She was taken to a room by two
female officers and two male
officers. The male officers then
left the room and three female
officers removed D’s clothing
and dressed her in a safety
gown. D was then placed in a
cell from which she could be
observed via CCTV.
D commenced proceedings
against Merseyside Police. She
sought damages for –
(i) assault, on the ground that
D’s officers had used
excessive force in restraining
her upon arrival at the police
station; and
(ii) breach of her right to respect
for her private life under
article 8 of the European
Convention on Human Rights.
She further claimed a breach of
Code C of the Police and Criminal
Evidence Act 1984 (PACE) Codes
of Practice (the Code) and/or
breach of the Mental Capacity
Act 2005 and/or for breach of the
Disability Discrimination Act 1995.
Each ground of claim was
dismissed by the recorder. He
PNLD Police & Law Insight
Held
held that since the female officers
had not been engaged in a ‘strip
search’ of D, Annex A of Code C
(Annex A) had not applied to the
circumstances. Nonetheless, the
recorder found that police officers
were required to follow the spirit
of Annex A in order to ensure
that D’s right to privacy was
protected. They had done that
and there had been no breach of
article 8 either in the fact or the
manner of the removal of her
clothes.
D appealed. She submitted that:
(i) the recorder had erred in
having found that Annex A
did not apply to the forced
removal of clothing, authority
for which was provided in
section 54(4) of PACE; and
(ii) in breach of paragraph 11 of
Annex A –
(a) male police officers had been
in a position, had they chosen
to do so, to observe the
removal of her clothing; and
(b) male officers had taken part
in her management
immediately before her
clothes were removed,
accordingly, D had been in
breach of article 8 of the
Convention as the manner in
which the ‘search’ had been
carried out had been
disproportionate.
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The appeal would be dismissed.
(1) Reading paragraph 4 of Code
C together with section 54 of
PACE, the Code applied to the
exercise of all the powers given
to custody officers in section 54,
including the power to remove
and seize clothing under subsections (3) and (6A). It would
make little sense for para 4 to
apply to clothing retained as a
result of search for some other
thing but not to clothing removed
because it was itself liable to
seizure under sub-section (4).
Paragraph 4 of Code C
proceeded on the assumption
that, when performing his
responsibility under section 54(1),
it might be necessary for the
custody officer to require the
removal of the detainee’s
clothing. Section 54(6A) treated
an examination of the detainee in
order to ‘ascertain’ whether the
detainee had clothing that should
be seized under sub-sections (3)
and (4)(a) as a search.
Paragraph 4.1 of Code C stated
that when the custody officer
considered it necessary that more
than outer clothing should be
removed, Annex A applied.
Paragraph 10 of Annex A
provided that a strip search
should take place only when the
officer reasonably considered the
detainee might have ‘concealed’
an article that he would not be
allowed to keep.
Paragraph 10 failed to provide
for those situations, anticipated
by section 54, in which the
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custody officer wished to seize
any clothing that might be used
by the detainee to harm himself.
That was a lacuna in the Code,
but paragraph 11 of Annex A
applied to any strip search, not
just strip searches carried out in
compliance with paragraph 10.
While the word ‘search’ might
not describe exactly what the
custody officer had ordered in D’s
case, it had been a search for the
purpose of section 54 of PACE
and para 4 of Code C. Since D
had been searched within the
meaning of section 54(6A) and
that, by paragraph 4.1 of Code C
and paragraph 9 of Annex A she
had been strip searched, the
search was to be conducted, so
far as the context allowed, in
accordance with paragraph 11 of
Annex A. It was entirely to be
expected that Annex A should
protect all those in custody whose
clothing was removed under a
power given by section 54.
(2) Annex A did not require, and
could not reasonably require, that
no male officer should be
involved in the management of
the detained person or that no
male officer should be present
when the instruction was given to
remove the detainee’s clothing. In
this case, there had been no
breach of paragraph 11(b) of
Annex A. The essential
requirement was that the removal
should take place in an area
Question: Section 7 of the Children and Young Persons Act
1933 gives an officer the duty to confiscate tobacco from
any person apparently under the age of 16 whom he finds
smoking in any street or public place. Are there any offences
(in this legislation or any others) around the person failing or
refusing to hand over the tobacco?
Answer: Section 7(3) of the
Children and Young Persons Act
1933 (PNLD Document D4606)
provides the duty to seize
tobacco from under 16s. There is
no specified power to use
reasonable force in relation to
this, however, by refusing to
submit the tobacco to the
officer, the person could commit
an offence under section 89 of
the Police Act 1996 (PNLD
Document D1742):
“89(2) Any person who resists
or wilfully obstructs a constable
in the execution of his duty, or
a person assisting a constable
in the execution of his duty,
shall be guilty of an offence.”
It should be noted that a
constable can only seize in
relation to this duty. Therefore,
any tobacco in pockets/bags
could not be taken by a
constable, as this would
constitute a search, which
they wouldn’t have the power
to carry out.
However, in relation to the
same duty, a PCSO does have
the power to search, and could
therefore search the person for
further tobacco. See
paragraphs 7 and 7A of
Schedule 4 to the Police Reform
Act 2002 (PNLD Documents
D11334 and D15406) for further
information regarding this.
where no-one who was not
immediately involved, and no
male officer, could observe D.
That was what had taken place.
While the recorder had not
applied paragraph 11(c) directly
to D’s circumstances, he had
made a finding that established
compliance not just with the spirit
of the requirement but with the
requirement itself. As to
paragraph 11(d), the recorder had
found that the removal of D’s
clothing had been performed so
as to preserve D’s dignity as far
as was possible. The officers had
acted reasonably and
proportionately in the urgency of
the situation. The recorder’s
findings demonstrated that the
police had complied with both
the spirit and the letter of the
Code. It was not otherwise
contended that the police had
been in breach of article 8 of
the Convention.
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