Memorandum of Understanding
between
The Association of Chief Police Officers
-andThe Gangmasters Licensing Authority
----------Information Sharing and Operations
-----------
Contents
Section 1: General........................................................................................................... 3
1.1
Introduction ..................................................................................................... 3
1.2
Purpose ........................................................................................................... 3
1.3
Role of the MOU Parties .................................................................................... 3
Section 2: Information Sharing ........................................................................................ 5
2.1
The need for Information Sharing...................................................................... 5
2.2
Legal obligations regarding Information Sharing ................................................. 5
2.3
The Legal Basis for Information Sharing............................................................. 5
2.4
The Information Sharing Process ....................................................................... 6
2.5
Access and Usage............................................................................................. 7
2.6
Quality ............................................................................................................. 8
2.7
Recording and Retention................................................................................... 8
2.8
Security ........................................................................................................... 8
2.9
Financial .......................................................................................................... 9
Section 3: Operations .................................................................................................... 10
3.1
Introduction ................................................................................................... 10
3.2
Independent GLA Investigations assisted by the Police ..................................... 10
3.3
Joint Investigations......................................................................................... 10
3.4
Multi-Agency Investigations............................................................................. 11
3.5
Investigative Powers....................................................................................... 11
3.6
Use of Surveillance ......................................................................................... 13
3.7
Power of Arrest .............................................................................................. 14
3.8
Access to Custody........................................................................................... 14
3.9
Access to Interview Facilities ........................................................................... 14
3.10 Access to Police Premises – Security ................................................................ 15
3.11 Communication Support .................................................................................. 15
3.12 Financial Charging Arrangements..................................................................... 15
3.13 Crime Recording ............................................................................................. 15
Section 4: Management of the MOU ............................................................................... 17
4.1
MOU Issues.................................................................................................... 17
4.2
Complaints ..................................................................................................... 17
4.3
Review........................................................................................................... 17
Section 5: Authorisation of the MOU............................................................................... 18
Appendix 1 - The Data Protection Principles .................................................................... 19
Appendix 2 – Sections 12 & 19 Gangmasters (Licensing) Act 2004 ................................... 20
Appendix 3 – National Intelligence Report ...................................................................... 22
Appendix 4 – GLA / POLICE Information Request Template ............................................. 23
Appendix 5 – Single Points of Contact (SPOCs) ............................................................... 25
Appendix 6 – Operation MOU Template .......................................................................... 26
ACPO-GLA MOU v 1.8
2
Section 1: General
1.1
Introduction
1.1.1
This Memorandum of Understanding (MOU) is between the Gangmasters Licensing
Authority (the GLA) and the Association of Chief Police Officers (ACPO) representing
the Geographic Police Forces of England, Wales and Northern Ireland, and the British
Transport Police. It is concerned with:
•
•
The sharing of information between the MOU parties
Support for the respective operational activities of the MOU Parties, including,
where appropriate, joint operations
1.2
Purpose
1.2.1
The purpose of the MOU is to achieve a common understanding and set of standards
where:
•
•
•
•
The GLA and Police Forces share information in support of the GLA’s role as
established by the Gangmasters (Licensing) Act 2004
The GLA provides information to Police Forces in support of their policing
purposes including enforcement activity under the Gangmasters (Licensing) Act
2004
The GLA and Police provide operational assistance to each other
The GLA and Police conduct joint, or multi-agency, investigations
1.3
Role of the MOU Parties
1.3.1
The role of the GLA is established through the Gangmasters (Licensing) Act 2004,
and in its Mission statement:
“The mission of the GLA is to safeguard the welfare and interests of workers whilst
ensuring labour providers operate within the law. The mission will be achieved
efficiently and effectively, with minimal burden on labour providers, by:
•
•
•
•
•
•
•
•
Introducing and operating a system to licence labour providers, including a
publicly accessible register
Effective communication of the legal requirement for labour providers to become
licensed, and to operate and remain within the formal economy
Imposing the least possible burden on labour providers and labour users through
efficient and effective processes and procedures
Developing and promoting standards for best practice in the supply and use of
temporary labour, in collaboration with stakeholders
Checking licence holders for continued compliance with the licence conditions
Taking enforcement action against those who operate illegally or who for other
reasons are judged unfit to hold a licence
Supporting enforcement of the law, by or in conjunction with the enforcement
authorities of other government departments, and others as appropriate, through
shared information and joint working
Maintaining a continuous review of the activities of Gangmasters and the effects
of the Act and the Authority on them.”
ACPO-GLA MOU v 1.8
3
1.3.2
The role of the Police is to 1 :
•
•
•
•
•
1
Protect life and property
Preserve order
Prevent the commission of offences
Bring offenders to justice, and
Any duty or responsibility arising from common or statute law
As defined by the ACPO 2005 Code of Practice on the Management of Police Information
ACPO-GLA MOU v 1.8
4
Section 2: Information Sharing
2.1
The need for Information Sharing
2.1.1
To fulfil the above described roles effectively the GLA and the Police need to share
information with a wide range of partners including with each other. Such sharing
will:
•
•
•
Enable links to be made between people, objects, locations and events that
would not be possible otherwise
Enable partners to make informed decisions about how best to protect the public
Help deliver improved public services
2.2
Legal obligations regarding Information Sharing
2.2.1
Personal data 2 must only be shared and used in accordance with the obligations
imposed on the MOU parties by the Data Protection Act 1998 (DPA 1998), the
Human Rights Act 1998 (HRA 1998) and the common law duty of confidence,
as defined by case law.
2.2.2
In particular the GLA and Police will ensure that:
•
•
•
2.2.3
An individual’s right to privacy and family life (Article 8 of the European
Convention of Human Rights incorporated by the HRA 1998) is only interfered
with in accordance with the law, in pursuit of a legitimate aim, and necessary in a
democratic society
Personal data is managed in accordance with the 8 Data Protection Principles
(DPA 1998) (Appendix1)
Personal data collected from an individual is treated confidentially and not
disclosed except where the subject has consented to disclosure, there is a legal
requirement (statute or court order) or an overwhelming duty to the public to
disclose
Therefore where information is shared both parties will be clear of:
•
•
•
The necessity in accordance with the above described roles of the Police and GLA
The proportionality of such sharing with any interference to an individual’s
privacy
The requirement that shared information is of best possible quality, secure and
kept for defined purposes and no longer than necessary
2.3
The Legal Basis for Information Sharing
2.3.1
Information may be shared between the GLA and Police by virtue of:
•
•
•
Section 19 of the Gangmasters (Licensing) Act 2004
Section 29 of the DPA 1998
Section 35 of the DPA 1998
2
information about a living person who can be identified from that data or from that data and other information
which is in the possession of, or is likely to come into the possession of, the data controller,
ACPO-GLA MOU v 1.8
5
•
2.3.2
Section 19 of the Gangmasters (Licensing) Act 2004 (Appendix 2) permits the
sharing of information between the GLA and Police for the following purposes:
•
•
•
•
2.3.3
In accordance with case law
To support the exercise of the functions of the Gangmasters (Licensing) Act 2004
[e.g. licensing under s19(1)(a)]
To support enforcement in relation to the activities of persons operating as
Gangmasters
To support enforcement in relation to accommodation, meals or facilities
provided to workers
To support enforcement against other offences committed by workers who are
undertaking work covered by the Gangmasters (Licensing) Act 2004
Section 29 (3) of the DPA 1998 (exemption from non-disclosure provisions) permits
the sharing of information between the GLA and Police where it is for the following
purposes:
•
•
•
The prevention and detection of Crime
The apprehension or prosecution of offenders
The assessment or collection of any tax or duty or any imposition of a similar
nature
Section 35 DPA (Disclosures required by law or made in connection with legal
proceedings) states that:
“ (1) Personal data are exempt from the non-disclosure provisions where the
disclosure is required by or under any enactment, by any rule of law or by the order
of a court
(2) Personal data are exempt from the non-disclosure provisions where the
disclosure is necessarya. For the purpose of, or in connection with, any legal proceedings (including
prospective legal proceedings), or
b. the purpose of obtaining legal advice
or otherwise necessary for the purposes of establishing, exercising or defending legal
rights”.
2.4
The Information Sharing Process
2.4.1
The MOU parties agree to share relevant information both pro-actively i.e. where
one party identifies information that is relevant to the other’s role, and reactively
i.e. in response to a request where one party believes the other holds information
relevant to their role.
2.4.2
The type, method and circumstances of sharing will normally occur as described in
section 2.5. The method of information sharing between the Police and GLA may be
defined further by local agreement between a Police Force and the GLA.
ACPO-GLA MOU v 1.8
6
2.5
Access and Usage
2.5.1
Subject to legal gateways the following are examples of types of information that
may be relevant to each others roles:
•
•
•
•
•
•
2.5.2
Personal details (e.g. names, aliases, dates of birth, descriptions, addresses)
Individual behaviour, lifestyle and officer safety issues (e.g. warning markers)
Details of convictions, cautions, warnings and arrests
Details of alleged criminal (inc. anti-social behaviour) or civil offences
Details of incidents or events
Details of planned or ongoing operations
Shared information may come from a variety of sources including:
•
•
•
•
•
•
Prosecutions
Members of the public
Overt sources
Covert sources
Routine operational activity
Tasked information collection
2.5.3
Decisions on access to PNC conviction information will be made on a case by case
basis, and subject to current arrangements on PNC access.
2.5.4
Requests for information from one party will be made using the GLA/Police Request
Template (Appendix 3). The requesting party will:
•
•
•
•
•
2.5.5
Detail who is making and authorising the request
Identify precisely what information is sought and why
Provide information (e.g. identity details) to assist the receiving party retrieve
that information
Detail when the information is required
Confirm the legal basis for information sharing request
The receiving party will verify that the request is lawful and compliant with this MOU
and:
•
•
•
Provide the required information where it exists in the agreed format within the
agreed timescale (see below), or
Provide a negative response where the information does not exist, or
Refuse the request and provide an explanation for refusal
2.5.6
Explanations for refused information requests may not be precise where it could
conflict with ongoing operations. However, they do need to take in to account that
the requesting party may undertake potentially conflicting operational activity in the
absence of any explanation or advice.
2.5.7
Requests will normally be made using secure GSI/PNN email. Exceptionally requests
may be made utilising the fax or the phone with request form submitted
retrospectively.
ACPO-GLA MOU v 1.8
7
2.5.8
Requests will normally be fulfilled within 5 working days unless otherwise required.
2.5.9
Requests will occur between, and be authorised by the designated Information
Sharing Single Points of Contact (SPOCs) of both the GLA and Police (Appendix 5).
2.5.10 Shared information, whether given pro-actively or reactively, will normally be in the
format of a National Intelligence Report (Appendix 4) with the appropriate 5x5x5
evaluation. Both parties will ensure that such Intelligence Reports will have been
completed to the standards detailed in ACPO 2006 Guidance on the Management of
Police Information. Occasionally one party may wish to share a relevant intelligence
product with the other party e.g. a National Intelligence Model target profile.
2.5.11 Where requested, the party receiving information will give the originating party
feedback on the usefulness of the shared information.
2.5.12 Shared information must not be further disclosed to any third party without the
consent of the originating agency, except where shared information is required or
requested to be disclosed in accordance with a statute (e.g. Criminal Investigations
and Procedures Act 1996 or Data Protection Act 1998 or Freedom of Information Act
2000) the Civil Procedure Rules or a court order, in accordance with the law, to
ensure that all parties are aware when or if disclosure may occur.
2.6
Quality
2.6.1
Both parties will ensure that, to the best of their knowledge, shared information is as
accurate, up to date and adequate for the purpose disclosed. Where one party
discovers this not to be the case, they will inform the originating party (data
controller) of this. The data controller will be responsible for correcting this
information and notifying all other recipients of the information who must ensure the
necessary correction is made.
2.6.2
Both parties will issue guidance specific to their business areas on what information
sharing is considered adequate, relevant and not excessive.
2.6.3
Abbreviations and codes will be avoided to ensure that information is not
misunderstood.
2.7
Recording and Retention
2.7.1
Both Parties agree that shared information should only be retained for the minimum
period necessary to achieve the objectives of its disclosure.
2.7.2
Both parties will create and maintain a retention policy which gives guidance on what
this minimum period is according to their respective business areas.
2.8
Security
2.8.1
The parties to this MOU acknowledge the security requirements of the DPA 1998 are
applicable to the transmission, storage, processing, use and destruction of shared
information.
ACPO-GLA MOU v 1.8
8
2.8.2
The MOU parties recognise that much of the information shared will be protectively
marked ‘Restricted’ and that the principles of ISO 17799 will be applied as the
common standard for the transmission, storage, processing, use and destruction of
information.
2.8.3
In particular those sharing information will:
•
•
•
•
•
Verify the identity of the GLA/POLICE SPOC requesting information
Utilise the GSI/PNN email as the default method for sharing ‘Restricted’
information
Observe relevant procedures for the sharing of information by other methods
(e.g. Fax or mail)
Seek guidance from the relevant Data Protection Officer / Information Security
Officer for the sharing information at or above ‘Confidential’ level
Ensure that shared information is only accessed by those who ‘need to know’ in
order to effectively discharge their functions
2.8.4
Both parties will ensure that staff handling protectively marked material are
appropriately trained and vetted.
2.8.5
Both parties will keep a record of shared information which will be available for audit
and inspection.
2.9
Financial
2.9.1
No charges will be made between the MOU parties for the sharing of information.
ACPO-GLA MOU v 1.8
9
Section 3: Operations
3.1
Introduction
3.1
The Police and GLA recognise that the enforcement of the Gangmasters (Licensing)
Act 2004 is common to the general policing purpose and that joint operations and
assistance will be mutually beneficial. This MOU sets out the legal powers and
procedures where:
•
•
•
The GLA operates alone but with the assistance of the Police
The GLA and Police work together in a joint investigation
The GLA, Police and others work together in a multi-agency investigation
3.2
Independent GLA Investigations assisted by the Police
3.2.1
The GLA has its own independent Compliance and Enforcement teams with their own
legal powers (described below) to ensure those that are licensed are compliant to
the licensing standards and that unlicensed activity to which the Gangmasters
(Licensing) Act 2004 applies is investigated and prosecuted (with DEFRA as the
prosecution authority).
3.2.2
However as a small government agency with a UK wide remit the GLA may
occasionally require the assistance of the Police with its independent investigations.
The type of assistance required is described in more detail below and is subject to
local agreements with the Police and their operational constraints.
3.3
Joint Investigations
3.3.1
The GLA and Police may identify through their respective Tasking and Co-ordination
meetings common areas of interest. Where this occurs the GLA and Police may wish
to work together in preventing and detecting offences by undertaking a joint
investigation. The decisions to participate in such a joint operations rest with GLA
Compliance and Investigation Managers respectively. Similar decisions will be made
by the Police in respect of their own staff.
3.3.2
In deciding whether to participate in a joint investigation the GLA or Police
Investigation Managers will have regard to the nature of the investigation and
whether it is more likely than not that the investigation will assist in the
identification, detection or prevention of offences within their respective roles.
3.3.3
In all cases that are undertaken as a joint investigation between the GLA and Police,
a written statement should be produced, and agreed by both parties, identifying the
accepted roles and responsibilities of each organisation involved in the investigation
(Appendix 6). This should be completed at the outset of the investigation, and
subject to amendment if agreed by both parties. This is important for control of
investigations where one organization is designated as the “Lead” managing
organisation. It should identify:
•
The joint objectives of the investigation
ACPO-GLA MOU v 1.8
10
•
•
•
•
•
•
The planned investigation approach, including the frequency of any necessary
reviews (e.g. in relation to surveillance), and progress reports to the
Investigation Managers of the GLA and the Police
The circumstances under which each party may rely on the powers of the other
to achieve that outcome
determine whether a joint Interview Under Caution (IUC) would be appropriate
How decisions on sanctions should be decided for proven offences (e.g. joint
prosecution)
agree the methodology for reviewing results
Issues related to disclosure
3.4
Multi-Agency Investigations
3.4.1
In planning a joint investigation, the GLA and Police may identify that another
enforcement body has an interest in the subjects of the investigation. The
involvement of other bodies should be subject to the conditions of any MOUs that
the GLA and the Police has with that body. If current MOUs do not exist with the
other body the written statement (see paragraph 4.3) should be explicit on the
extent of involvement of that body, with the GLA and Police. It should identify the
existing legal gateways for information exchange with the GLA and Police, and the
extent of involvement in the investigation when either the GLA or Police use their
investigative powers. This should also include what support the GLA or Police may
provide where the other body has more extensive investigative powers that are to be
used.
3.5
Investigative Powers
GLA Powers of Entry
3.5.1
The GLA has powers of entry by consent (section 16) and under warrant (section
17). These powers enable the GLA to seek access to information to determine
compliance, or otherwise, with the GLA’s licensing procedures and Licence
Standards. A GLA officer obtaining entry to premises under section 16 is not allowed
to use that power to obtain access to the premises for officers/staff of the Police.
However, if Police power of entry, as provided for in terms of a relevant warrant,
enables them to take with them officers/staff of other organizations, this will extend
to the GLA, if appropriate. It is therefore of considerable importance that police
officers ensure the appropriately worded warrant is obtained. Upon execution, the
officers/staff of the GLA and Police must each identify themselves as officers of their
respective organizations. Owners of premises, to which access is sought, must not be
mislead as to the organisation either staff are from. GLA staff must not accompany
Police officers/staff if the purpose of the visit is outside the remit or relevance of the
GLA, and vice-versa.
3.5.2
Where the GLA has been refused entry or believes that seeking access by consent
will be refused, and defeat the object of the visit, a warrant for entry in accordance
with section 17 of the Act may be sought. This will follow GLA’s internal procedures
prior to a submission being made to a Magistrate. If a warrant is issued the GLA
officer may take officers/staff of the Police with them, if the Police Investigation
Manager agrees this. To ensure that any evidence obtained, and identified, remains
ACPO-GLA MOU v 1.8
11
admissible in any relevant criminal proceedings, the GLA should identify whether it
intends to take Police officers/staff into the premises under the warrant. If so, they
should be named on the warrant. This is in line with the approach required for
warrants issued under the Police and Criminal Evidence (PACE) Act 1984 [section
16(2) and Code B note 3C].
Police Powers of Entry
3.5.3
Section 8 of the Police and Criminal Evidence Act (PACE) 1984 allows a magistrate to
issue a warrant authorising Police officers to enter and search specified premises
where a serious arrestable offence has been committed. Section 15 deals with the
procedures governing the Police application for a warrant under Section 8 and under
any other enactment. Section 16 deals with the execution of warrants:
1) A warrant to enter and search premises may be executed by a constable;
2) Such a warrant may authorise persons to accompany any constable who is
executing it;
3) Entry and search under a warrant must be within 3 months from the date of
issue;
4) Entry and search under a warrant must be at a reasonable hour unless it appears
to a constable executing it that the purpose of a search may be frustrated on an
entry at a reasonable hour
3.5.4
Section 18, provides the Police with power to enter and search premises occupied or
controlled by a person who is under arrest for an indictable offence, if he has
reasonable grounds for suspecting that there is on the premises evidence, other than
items subject to legal privilege that relates:
1) to that offence; or
2) to some other indictable offence which is connected with or similar to that
offence
3.5.5
This power can only be exercised by a Police officer who:
• has been authorised in writing by a Police inspector, or
• without such authorisation if the person is taken to a police station, or
• released on bail under s30A of the Act, or
• that their presence at a place other than a police station is necessary for the
effective investigation of an offence .
A GLA investigator cannot be authorised to enter with the Police under this provision.
3.5.6
In circumstances where a GLA investigator is to accompany and assist a Police officer
at the scene of a search of specified premises, they must be named in the warrant
and properly authorised to do so under the provision of Section 16(2) of PACE 1984.
Where an investigator is not named in a warrant in accordance with Section 16(2),
they will not enter the premises unless it is with the prior express permission
(preferably in writing) of the owner/occupier of the premises. If permission is not
forthcoming, the investigator must remain outside the premises until the Police have
completed their search.
3.5.7
Section 32 of the Police and Criminal Evidence Act 1984 provides a power for a
constable to search an arrested person for anything
ACPO-GLA MOU v 1.8
12
1) which he might use to assist him in escape from lawful custody; or
2) which might be evidence relating to an offence; and
3) to enter and search any premises in which he was when arrested or immediately
before he was arrested for evidence relating to the offence for which he has
been arrested
3.5.8
This power can only be exercised by a police officer. A GLA investigator cannot be
authorised to assist with the search of an individual or premises under this provision.
3.5.9
If the owner/occupier does grant permission for the investigator to enter the
premises, this fact should where possible be recorded immediately in his/her
notebook and another investigator or Police officer will be asked to endorse the entry
showing the time it was made. This procedure will minimise the risk of challenge to a
GLA investigators’ right of entry at a later date.
3.5.10 During the search the GLA investigator will record their presence at the search
together with the details of any other persons taking part. A contemporaneous
record will be made of any goods that are seized and removed by the Police. This
record may be made by either the Police or the GLA Investigator as deemed
appropriate. This record will remain with the lead party. A copy of this record will be
provided to the other party who will cross reference any records to the original
search record.
3.5.11 It is important to remember that GLA investigators who accompany the Police during
a search, must never:
•
•
•
take part in the search in anyway whatsoever, save as lawfully directed by the
lead police officer
seize any items; or
remove any items from the premises
3.5.12 Any GLA investigator who accompanies the Police conducting an 'enter and search'
operation without following the above guidance may be liable to civil action for
trespass. It also follows that the position of the Police officers carrying out the search
and the operation may be jeopardised.
3.6
Use of Surveillance
3.6.1
Where the GLA and Police are undertaking a joint investigation it may be necessary
to use surveillance to prove certain offences.
3.6.2
The public Code of Practice for the conduct of covert surveillance states that Part II
of the RIP Act 2000 does not impose a requirement on public authorities to seek or
obtain an authorisation where, under the 2000 Act, one is available.
3.6.3
In cases where one agency is acting on behalf of another, it is usually for the tasking
agency to obtain or provide the authorisation.
3.6.4
The party who wishes to task resources will obtain the necessary surveillance
authorisations under the Regulation of Investigatory Powers Act (RIPA) 2000, before
any joint surveillance activity is planned further or initiated.
ACPO-GLA MOU v 1.8
13
3.6.5
Staff of the party who obtained the original authority will seek extensions of the
period of surveillance where continued surveillance is necessary and relevant to
establish offences against the GLA or Police.
3.6.6
The party who originally obtained the authorisation will seek its immediate
cancellation once it is established that the surveillance has achieved its aims or is no
longer relevant.
3.6.7
Any authority obtained will be readily available to the other parties of the
investigation subject to security and safety constraints.
3.7
Power of Arrest
3.7.1
The GLA has the power of arrest without warrant for offences under section 12 of
the Act (Appendix 2). Where a joint investigation identifies that section 12 offences
have been committed the GLA will determine whether an arrest is appropriate.
Where the Police support the GLA in its operations, the police may undertake arrest.
3.7.2
The Police must decide whether to arrest a suspect but may do so based on
information provided to them by a GLA Investigator. The Police powers of arrest are
under part III (a) Police and Criminal Evidence Act 1984 (PACE).
3.7.3
Where an arrest is planned by the Police the GLA Investigation Manager will
determine whether GLA staff should support the operation. A critical consideration is
whether this will support the identification of GLA offences.
3.7.4
In all cases where GLA and Police officers/staff are involved in an arrest all active
participants should have received the relevant personal safety training.
3.8
Access to Custody
3.8.1
Where the GLA utilises its powers of arrest independently of the police it may seek
assistance from the police for the safe and secure transportation of arrested persons
to police custody suites.
3.8.2
As the GLA’s enforcement team is spread throughout the UK it does not have a
network of offices equipped for the custody of arrested persons to comply with the
requirements of PACE. ACPO therefore agrees to the principle of providing support to
the GLA with access to custody suites where arrests are undertaken independently of
police involvement. This will be subject to local operational constraints, and the GLA
will discuss requirements with the police, before commencing operations, to ensure
necessary support and access is available.
3.9
Access to Interview Facilities
3.9.1
Where the GLA operates independently of the Police it may from time to time require
the use of Police interview facilities. The Police agree in principle to such use subject
to local agreements and operational constraints.
ACPO-GLA MOU v 1.8
14
3.9.2
Where a joint investigation results in the identification of offences against the GLA
and Police it may be decided to undertake a joint interview under caution (IUC), at
which to put all offences to the suspect. In such circumstances both the staff of the
GLA and Police should be trained in IUC techniques before a joint IUC is undertaken.
3.9.3
Where a joint investigation leads to a conclusion that an IUC is only required for GLA
offences a joint IUC will be inappropriate. However, the GLA may seek assistance
from Police for access and use of dedicated IUC interview rooms. This requirement
may arise due to the dispersed nature of the GLA enforcement team, who do not
have a network of offices to operate from.
3.10 Access to Police Premises – Security
3.10.1 The GLA recognises that GLA Officers cannot operate unescorted on Police Premises.
3.11 Communication Support
3.11.1 The GLA enforcement and compliance teams are spread throughout the UK. They
will use the airwave network to communicate within its own designated channels. As
the system is compatible with that of the Police through the interoperability of talk
groups it may be necessary for members of the GLA to communicate with police
forces spontaneously. ACPO therefore agrees to the principle of providing support to
the GLA with access to police talk groups when necessary. This will be subject to
local operational constraints and controlled by Police Operators.
3.12 Financial Charging Arrangements
3.12.1 The Police recognise that the enforcement of the Gangmasters (Licensing) Act 2004
assists the general aim of the Police to protect life and reduce crime and disorder,
and perhaps the specific strategic plans of individual Police Forces. Where the Police
and GLA work in a mutually beneficial capacity e.g. a joint investigation, neither
party will charge the other for any service or use of resources.
3.12.2 Where the GLA operates independently of the Police in circumstances which do not
benefit the Police’s general aim to protect life and reduce crime and disorder, or the
specific strategic plans of individual forces, any charging for the use of police
resources will be discussed on a case by case basis with the local force concerned.
3.12.3 No charges will be made by the police to facilitate Airwave communications between
the GLA and Police (or other public bodies utilising Airwave) during operational or
emergency situations when utilising the relevant force’s multi-agency channel.
3.13 Crime Recording
3.13.1 To avoid duplicate crime records the responsibility for recording offences under the
Gangmaster (Licensing) Act is outlined below in line with Home Office policy 3 :
3
‘Home Office Counting Rules For Recorded Crime’ April 2005.
ACPO-GLA MOU v 1.8
15
•
•
•
•
•
•
For the purposes of the victim based approach of the National Crime Recording
Standard the GLA ONLY can be considered the ‘victim’ of an offence committed
under the Gangmasters (Licensing) Act 2004. As such the possibility of a victim
contacting the Police to report an offence and require a crime record will not
occur
Where the GLA act independently of the Police, the GLA ONLY will record the
offence
Where the Police receive intelligence about offences under and relating to the
Gangmasters (Licensing) Act from the GLA, but play no other investigative role,
the GLA ONLY will record the offence
Where the Police offer limited assistance to a GLA investigation (e.g. intelligence,
surveillance, custody facilities) the GLA ONLY will record the offence
In circumstances of a Joint investigation where the GLA have primacy the GLA
ONLY will record the offence
In circumstances of a Joint investigation where the Police have primacy the
POLICE ONLY will record the offence
ACPO-GLA MOU v 1.8
16
Section 4: Management of the MOU
4.1
MOU Issues
4.1.1
The day-to-day control of this agreement, and resolution of issues arising from its
operation will be:
4.1.2
Police:
Relevant Police Force Contact (Appendix 5)
GLA:
For Information Sharing:
For Operations:
GLA Intelligence Manager
GLA Investigation Manager
Where issues cannot be resolved they may be escalated to:
Police:
GLA:
ACPO
The Director of Operations
4.2
Complaints
4.2.1
Where members of the public have cause for complaint against activities generated
by the operation of this agreement by Police and/or the GLA complaints received by
either of the parties to the agreement should be forwarded to the other for
resolution.
4.2.2
A complaint received by the GLA about the Police or their joint activity should be
forwarded to the Professional Standards Department of the relevant Police Force.
4.2.3
A complaint received by the Police about the GLA or their joint activity should be
forwarded to:
Director of Operations and Compliance
PO Box 8538
Nottingham
NG8 9AF
4.2.4
All complaints should be marked: “Restricted: Complaint”.
4.3
Review
4.3.1
This agreement will be regularly reviewed with the first review 18 months from the
commencement of the agreement, and the frequency of subsequent review meeting
s to be determined at the initial review meeting. Where appropriate the agreement
will be revised to reflect relevant impacts on its operation arising from:
•
•
•
•
Changes in legislation
Changes in Police, GLA, and its parent organisation’s guidance and policies
National or European Court rulings
Complaints against the joint activities and information sharing between the Police
and the GLA
ACPO-GLA MOU v 1.8
17
Appendix 1 - The Data Protection Principles4
1.
Personal data shall be processed fairly and lawfully and, in particular, shall not be
processed unless:
(a)
(b)
4
at least one of the conditions in Schedule 2 (DPA 1998) is met, and
in the case of sensitive personal data, at least one of the conditions in
Schedule 3 (DPA 1998) is also met.
2.
Personal data shall be obtained only for one or more specified and lawful
purposes, and shall not be further processed in any manner incompatible with
that purpose or those purposes.
3.
Personal data shall be adequate, relevant and not excessive in relation to the
purpose or purposes for which they are processed.
4.
Personal data shall be accurate and, where necessary, kept up to date.
5.
Personal data processed for any purpose or purposes shall not be kept for longer
than is necessary for that purpose or those purposes.
6.
Personal data shall be processed in accordance with the rights of data subjects
under this Act.
7.
Appropriate technical and organisational measures shall be taken against
unauthorised or unlawful processing of personal data and against accidental loss
or destruction of, or damage to, personal data.
8.
Personal data shall not be transferred to a country or territory outside the
European Economic Area unless that country or territory ensures an adequate
level of protection for the rights and freedoms of data subjects in relation to the
processing of personal data.
Schedule 1, Data Protection Act 1998.
ACPO-GLA MOU v 1.8
19
Appendix 2 – Sections 12 & 19 Gangmasters (Licensing)
Act 2004
Section 12 offences Gangmasters (Licensing) Act 2004
12 Offences: acting as a gangmaster, being in possession of false documents etc
(1) A person commits an offence if he acts as a gangmaster in contravention of section 6
(prohibition of unlicensed activities).
For this purpose a person acting as a gangmaster does not contravene section 6 by
reason only of the fact that he breaches a condition of the licence which authorises him
to so act.
(2) A person commits an offence if he has in his possession or under his control(a) a relevant document that is false and that he knows or believes to be false,
(b) a relevant document that was improperly obtained and that he knows or believes
to have been improperly obtained, or
(c) a relevant document that relates to someone else,
with the intention of inducing another person to believe that he or another person
acting as a gangmaster in contravention of section 6 is acting under the authority
of a licence.
(3) A person guilty of an offence under subsection (1) or (2) is liable on summary
conviction(a) in England and Wales, to imprisonment for a term not exceeding twelve months, or
to a fine not exceeding the statutory maximum, or to both;
(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding six
months, or to a fine not exceeding the statutory maximum, or to both.
In relation to an offence committed before the commencement of section 154(1) of
the Criminal Justice Act 2003 (c. 44), for "twelve months" in paragraph (a) substitute
"six months".
(4) A person guilty of an offence under subsection (1) or (2) is liable on conviction on
indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
(5) For the purposes of this section(a) except in Scotland, a document is false only if it is false within the meaning of Part 1
of the Forgery and Counterfeiting Act 1981 (c. 45) (see section 9(1) of that Act), and
(b) a document was improperly obtained if false information was provided, in or in
connection with the application for its issue or an application for its modification, to
the person who issued it or (as the case may be) to a person entitled to modify it,
and references to the making of a false document include references to the
modification of a document so that it becomes false.
(6) In this section "relevant document" means(a) a licence, or
(b) any document issued by the Authority in connection with a licence.
ACPO-GLA MOU v 1.8
20
Section 19 Information relating to Gangmasters
(1) Information held by any person for the purposes of, or for any purpose connected
with, the exercise of functions under this Act(a) may be supplied to any other person for use for any such purpose, and
(b) may be supplied to any person having functions in relation to(i) the enforcement of any other enactment applying to the operations of a
person acting as a gangmaster,
(ii) the enforcement of any other enactment in connection with accommodation,
meals or facilities provided to workers, or the conditions in which they work,
or
(iii) offences committed by workers in connection with or by reason of their
doing work to which this Act applies,
for use for the purposes of, or for any purpose connected with, those functions.
(2) Information relating to the operations of a person acting as a gangmaster which is
held by any person for the purposes of, or for any purpose connected with, such
functions as are mentioned in subsection (1)(b) may be supplied to any person having
functions under this Act for the purposes of, or for any purpose connected with, the
exercise of those functions.
(3) Information supplied under subsection (2) by or on behalf of the Commissioners of
Inland Revenue or the Commissioners of Customs and Excise must not be supplied by
the recipient to any other person without the consent of the Commissioners concerned.
(4) This section(a) has effect notwithstanding any restriction on the disclosure of information
imposed by any enactment or rule of law, and
(b) does not limit the circumstances in which information may be used or supplied
apart from this section.
(5) In this section "enactment" means an Act of Parliament, an Act of the Scottish
Parliament or any Northern Ireland legislation or any instrument made under or having
effect by virtue of an Act of Parliament, an Act of the Scottish Parliament or any
Northern Ireland legislation.
(6) References in this section to a person having functions of any description include
references to any person providing, or employed in the provision of, services for that
person in connection with those functions.
ACPO-GLA MOU v 1.8
21
Appendix 3 – National Intelligence Report
ACPO-GLA MOU v 1.8
22
Appendix 4 – GLA / POLICE Information Request
Template
ACPO-GLA MOU v 1.8
23
ACPO-GLA MOU v 1.8
24
Appendix 5 – Single Points of Contact (SPOCs)
Restricted Document – Available separately to appropriate parties.
ACPO-GLA MOU v 1.8
25
Appendix 6 – Operation MOU Template
MEMORANDUM OF UNDERSTANDING i
Between the “ parties”
The Gangmasters Licensing Authority
(POLICE FORCE)
I hereby agree to abide by the conditions of the Memorandum of Understanding:
Signed:
………………………………………………………………………………
Full Name:
………………………………………………………………………………
Position:
………………………………………………………………………………
Date:
………………………………………………………………………………
On behalf of the Gangmasters Licensing Authority
___________________________________________
Signed:
………………………………………………………………………………
Full Name:
………………………………………………………………………………
Position:
………………………………………………………………………………
Date:
………………………………………………………………………………
On behalf of (POLICE FORCE)
DEFINITIONS
1.
‘GLA’ shall be an abbreviation of the term The Gangmasters Licensing Authority
2.
‘MOU’ shall be an abbreviation of the term Memorandum of Understanding
3.
‘The Operation’ shall refer to Operation (op name) involving the investigation of offences
against the GLA and the (POLICE FORCE)
ACPO-GLA MOU v 1.8
26
4. ‘PACE’ shall be an abbreviation of the term Police and Criminal Evidence Act 1984 and the
associated Codes of Practice.
CONDITIONS OF THE JOINT INVESTIGATION AGREEMENT
1. Period of the MOU
a. The period of this MOU shall commence on (DATE) and continue throughout the
period necessary to conclude the investigation and prepare the case for suitable
sanction.
b. As an alternative to (a) above, the Parties reserve the right to enter into a new MOU,
contract or agreement and to adopt alternative administrative methods of fulfilling
activities referred to within this MOU.
2. The undertakings of the Parties to the MOU
a. The Parties agree that they shall work towards establishing the means of coordinating their activities in relation to the Operation; each Operation will be subject
to specific objective setting and an agreement of roles and responsibilities.
b. It is not envisaged at the outset of this MOU that any third parties shall have rights
under this agreement. Any further parties joining this MOU would only be upon the
joint agreement of both Parties.
c. All care should be taken by both Parties not to infringe the Data Protection Act and
the Human Rights Act or any individual’s right to privacy. The Parties shall equally be
responsible for any actions arising from such an infringement.
d. The perceived roles and responsibilities within the MOU for bringing the Operation to
fruition are listed below but maybe subject to change by agreement of both parties.
e. The perceived objectives for the exercising of the Operation are set-out below in the
MOU but may also change with agreement from both Parties.
ROLES AND RESPONSIBILITIES
The Gangmasters Licensing Authority (GLA)
1.
GLA will provide (POLICE FORCE) with evidence of the alleged offences.
2.
The GLA will ensure that they define the legislation relevant to the investigation and the
powers that will be applied.
3.
The GLA will undertake a risk assessment into Health and Safety at each stage of the
investigation process.
4.
GLA will provide (POLICE FORCE) with details of each suspect, to include (where possible)
name, date of birth, National Insurance number and last known home or business address.
ACPO-GLA MOU v 1.8
27
5.
GLA will provide GLA officers to accompany the officers of (POLICE FORCE) on any searches
conducted under PACE.
6.
The GLA when using Powers of Entry under Warrant undertake to name all relevant persons
to gain entry under the terms of that warrant as appropriate to the requirements of the
operation.
7.
In operations where surveillance is required the GLA will apply RIPA through its own control in
relation to GLA officers.
8.
GLA will provide GLA officers to conduct interviews with suspects during the course of the
investigation. Such interviews will be conducted under the PACE guidelines and Codes of
Practice.
9.
Following interview the GLA will pursue any necessary prosecution of the suspects.
(POLICE FORCE)
Dependent upon sufficient evidence being provided by the GLA to satisfy the (POLICE FORCE) that
Offences may have been committed, the (POLICE FORCE) will consider the best means by which to
proceed in relation to offences against the (POLICE FORCE).
1.
(POLICE FORCE) will provide the GLA with evidence of the alleged offences.
2.
The GLA will ensure that they define the legislation relevant to the investigation and the
powers that will be applied.
3.
The (POLICE FORCE) will undertake a risk assessment into Health and Safety at each stage of
the investigation process.
4.
(POLICE FORCE) will provide GLA with details of each suspect, to include (where possible)
name, date of birth, National Insurance number and last known home or business address.
5.
In operations where surveillance is required the (POLICE FORCE) will apply RIPA through its
own control in relation to (POLICE FORCE) officers.
6.
(POLICE FORCE) will provide (POLICE FORCE) officers to conduct interviews with suspects
during the course of the investigation. Such interviews will be conducted under the PACE
guidelines and Codes of Practice.
7.
Following interview the (POLICE FORCE) will pursue any necessary prosecution of the
suspects.
AIMS AND OBJECTIVES.
These will be set and clearly defined for each Operation. A meeting shall be arranged
between Officers of the GLA and the (POLICE FORCE) as soon as offences against respective
organisations are suspected. The details given above shall form the basis of any agreement to
conduct a joint Operation.
ACPO-GLA MOU v 1.8
28
i
This Operational agreement document may be a disclosable document and all parties should
consider that when agreeing the specifics of the operation.
ACPO-GLA MOU v 1.8
29