Correspondence

Crime and policing news update: December 2014

Published 22 December 2014

1. Modern slavery

2. Strategy launched

The modern slavery strategy was launched on 29 November, and underlines the government’s commitment to tackle modern slavery both in the UK and around the world. Building on the frameworks used for counter terrorism and serious and organised crime, the strategy sets out how we will:

• pursue the organised criminals and opportunistic individuals behind the modern-day slave trade
• prevent people from engaging in modern slavery crime
• protect vulnerable people by raising awareness and protecting them from becoming victims in the first place
• prepare better for when these crimes do take place, to reduce the harm they cause, through improved identification and enhanced support and protection for victims

It sets out ongoing work to tackle international modern slavery crime by working with law enforcement, civil society organisations and governments overseas. This will include an annual identification of priority countries, which will include both those from which significant numbers of victims are trafficked to the UK, as well as additional countries that suffer disproportionately from a high incidence of modern slavery, and individually tailored plans will be developed for all.

2.1 Campaign warns potential modern slavery victims to be vigilant against traffickers

A poster campaign to warn potential victims of modern slavery to be on their guard against traffickers was launched on 21 December. Hostels, shelters and homeless charities have been sent the poster to display in their centres, together with information and advice for staff on how to spot the signs and report suspicions of modern slavery amongst homeless shelter users. This is the latest strand of the Home Office’s modern slavery campaign, which provides a range of resources including posters and wallet cards for partners to use in their own communication activity.

3. Child trafficking advocates trial

The Home Office has begun a 12-month trial of specialist independent advocates for victims of child trafficking. This will help us better understand the difference a system of specialist independent advocates can make in providing support, advice and guidance to these vulnerable children.

For the first time, each child will be supported by a dedicated person with the capacity and expertise to promote their safety and wellbeing and guide them through the social care, immigration and criminal justice systems. This will help reduce the risk of these vulnerable children going missing and being re-trafficked.

The trial went live on 8 September across 23 participating local authorities: Greater Manchester (Manchester City, Stockport, Tameside, Oldham, Rochdale, Bury, Bolton, Wigan, Salford and Trafford); West Midlands (Birmingham, Coventry, Dudley, Sandwell, Solihull, Walsall and Wolverhampton); Croydon; Derbyshire; Kent; Lancashire; Oxfordshire and West Sussex.

The findings from the trial will show what worked well and highlight any challenges, before a decision is made on the national operation of such a scheme. The Modern Slavery Bill also contains clauses that will place the advocates on a statutory footing. For further information please email Kate Mosley.

4. Launch of the new female genital mutilation (FGM) unit

On 5 December, the Home Office formally launched the new FGM unit. The unit, announced at the Girl Summit in July, builds on recent progress in tackling FGM by coordinating efforts across government and providing outreach support to local areas. In addition, the unit acts as a hub for effective practice, gathering and sharing examples across local areas and professional groups.

Based at the Home Office but with resources from across government, the unit will work closely with the voluntary and community sector, survivors and professionals to develop policies and processes. The unit will also work with the police to encourage and support further prosecutions and promote the Foreign and Commonwealth Office’s consular support service to those at risk of FGM. For more information email the unit FGMenquiries@homeoffice.gov.uk.

4.1 Consultation on a mandatory reporting requirement on FGM cases

Alongside the announcement of the new FGM unit, a public consultation on how to introduce a mandatory reporting requirement in cases of FGM was launched on 5 December. The consultation seeks views on what and who should be covered by the mandatory reporting requirement; which agencies the requirement should be applied to; how the requirement will work, and; what sanctions should be employed if professionals fail to report FGM. It is hoped that increasing the number of reports of FGM to the police will lead to further prosecutions that will deter perpetrators and protect victims.

The consultation also seeks views on how the multi-agency practice guidelines on FGM should be placed on a statutory footing most effectively. The consultation closes on 12 January 2015.

5. Coercive and controlling behaviour is now a criminal offence

On 18 December, the Home Office published the response to its consultation on strengthening the law on domestic abuse and announced a new domestic abuse offence of coercive and controlling behaviour.

The new offence is designed to help protect victims of domestic abuse by outlawing sustained patterns of coercive and controlling behaviour. Perpetrators will now face a maximum penalty of five years imprisonment, or a fine, or both. Victims of coercive control can have every aspect of life controlled by their partner, often being subjected to daily intimidation and humiliation.

There are a number of ways that witness testimony could be supported at prosecution. These include using documentary evidence such as threatening emails and text messages, and bank statements that show the perpetrator has sought to control the victim financially.

Over the summer, the Home Office ran a consultation seeking views on whether the law on domestic abuse needs to be strengthened. Eighty-five per cent of respondents agreed that the law does not currently provide sufficient protection to victims. Fifty-five per cent said that a new offence was needed to strengthen and clarify the law on coercive and controlling behaviour in intimate relationships.

The offence will be drafted to ensure that it is clear and proportionate and does not impact on ordinary power dynamics in relationships. It complements major ongoing work in response to an investigation by HM Inspectorate of Constabulary on the police response to domestic abuse. The Home Secretary is also chairing a national oversight group to lead implementation of the report’s recommendations and make significant and lasting improvements to how the police deal with domestic abuse.

6. Pre-charge bail time limits consultation

The government wants to see a reduction of both the number of people subject to, and the average duration of, pre-charge bail (also known as police bail). Earlier this year, the College of Policing carried out a review of the principles of pre-charge bail management. It has recently published the responses to that consultation and a proposed way forward, and expects to publish revised Authorised Professional Practice (APP) on Bail Management early in 2015.

Building on and complimenting the College’s work, the Home Office has launched a public consultation seeking views on further reforms to pre-charge bail. The proposals include:

• enabling the police to release someone pending further investigation without bail in circumstances where bail is not considered to be necessary
• setting a clear expectation that pre-charge bail should not last longer than a specified finite period of 28 days, as recommended by the College of Policing
• setting the extenuating circumstances in which that period might be extended further, and who should make that decision
• establishing a framework for the review by the courts of pre-charge bail
• considering whether extension of pre-charge bail should only be available in certain types of case, such as fraud or tax evasion, or in all cases where there are exceptional reasons for an extended investigation
• considering how best to enable the police to obtain timely evidence from other public authorities
• considering whether individuals subject to pre-charge bail should be able to challenge the duration as well as the conditions in the courts

These proposals have been designed to ensure swifter justice and increase the efficiency of the police, prosecutors and the courts. The consultation closes on 8 February 2015, and you can contact the Police Integrity and Powers Unit if you have any queries on the consultation or your proposed response.

7. Police funding – Provisional Police Grant Report 2015 to 16 published

On 17 December the Provisional Police Grant Report 2015 to 2016 and an accompanying written ministerial statement were published, which set out force-level funding allocations to the 43 forces in England and Wales.

The areas of policing activity which will be funded nationally are detailed in the WMS. During 2015 to 16, national funding will support increased innovation and efficiency through the Police Innovation Fund, improve transparency and accountability through continuing transformation of the Independent Police Complaints Commission and through supporting HM Inspectorate of Constabulary’s Police Effectiveness, Efficiency and Legitimacy (PEEL) inspection programme, and help build capability for the future by supporting major communications and digital programmes.

The publication of the Provisional Police Grant Report triggers a 5-week consultation period which ends on 23 January. The final Settlement Report will be laid before Parliament in early February.

8. Police integrity consultation

On 11 December, the Home Office launched a consultation on proposed changes to the police complaints and disciplinary systems. The consultation seeks views on the following proposals:

• reforming the police complaints system, enhancing the role played by police and crime commissioners, introducing changes to improve the public’s experience of the system, and the introduction of a system of ‘super-complaints’
• substantially overhauling the police disciplinary system following the review by Major-General Chip Chapman, making the disciplinary system easier to follow, streamlining processes, removing unnecessary complexity and making it more independent
• measures to strengthen protections for police whistleblowers
• changes to the roles and remit of the Independent Police Complaints Commission and HM Inspectorate of Constabulary.

These reforms represent an important step in the government’s police reform programme.

The consultation is open until 5 February 2015, and you can find further information, including the consultation documents, on gov.uk. Please contact policeintegrityconsultation@homeoffice.gov.uk for further information.

9. Triennial review of the Independent Police Complaints Commission

On 11 December, the first triennial review of the Independent Police Complaints Commission was announced. The review will consider if the IPCC is operating efficiently, and if its control and governance arrangements meet the recognised principles of good corporate governance.

The IPCC triennial review is being conducted alongside a wider consultation on proposed changes to the police complaints and disciplinary systems. Where appropriate, both reviews will draw on each other’s work. The final report of the triennial review will be published next year.

10. Best use of stop and search scheme comes into effect

On 30 November, all 43 forces in England and Wales went live with the best use of stop and search scheme. The scheme is made up of 4 core components which are intended to create greater accountability through increased transparency and to promote a more intelligence-led approach, leading to fewer stops and searches and improved outcomes.

This follows the partial launch of the Scheme on 26 August this year, when 24 forces put in place two of the fcheme’s components. The fcheme is now operating in full in 35 forces, while the remaining 8 forces are operating parts of the Scheme and have committed to deliver the remaining parts in the spring of 2015.

The government has laid a Revised PACE Code of Practice A in Parliament following an 8 week public consultation. It will be debated in both chambers before coming into force. This revision will make clear to officers what constitutes ‘reasonable grounds for suspicion’ and to emphasise that the misuse of stop and search may be dealt with by performance or misconduct action.

11. Stop and search mapping

On 1 December, West Mercia and Nottinghamshire police forces began a pilot scheme to publish their stop and search data on the police.uk website. This allows residents in these police force areas to see where stop and searches take place, and view details about the stop and search including the reason, outcome and ethnicity of the person stopped. During the pilot, users can provide feedback via a link on the police.uk website.

From next year, this functionality will be made available to all forces as part of a national roll out. By publishing stop and search data, the public will be able to see how their police force is using these powers, and hold them to account for their use.

12. Publication of the first anti-corruption plan

The first UK anti-corruption plan was published on 18 December 2014. The plan brings together all of the UK’s activity against corruption in one place, and will ensure that future activity to tackle corruption is joined up across government, civil society organisations, law enforcement and other partners.

Corruption harms societies, undermines economic development and threatens democracy. The plan demonstrates the breadth of the UK’s current anti-corruption activities such as the safeguards being reinforced within key sectors and institutions, including the criminal justice system; and the steps being taken to return money stolen and laundered through the UK. It also sets out the actions that we will take to tackle corruption domestically, such as establishing a new offence of police corruption and strengthening protection for police whistleblowers. The Plan sets out the government’s priorities for raising international standards and leading the global fight against corruption.

13. Response to the Review of Sections 135 and 136 of the Mental Health Act

The joint Home Office and Department of Health review of sections 135 and 136 of the Mental Health Act published its recommendations and evidence on 18 December. The review looked at:

• how these sections work in practice
• whether the present legislation provides a balance between flexibility and safeguards
• whether police stations should be used as places of safety
• whether the maximum length of detention of 72 hours is appropriate
• whether the legislation supports a person receiving help as quickly as possible if they are experiencing a mental health emergency in their own home
• whether there would be any benefit in extending the powers to others as well as the police

The recommendations include amending legislation to reduce the maximum period of detention from 72 to 24 hours, and also to prevent children being held in police cells and for police cells to be used only where a detainee is too unmanageable for a health setting.

It is anticipated the Home Affairs Select Committee will publish its report into Policing and Mental Health in the new year.

14. All areas in England to have signed their local Crisis Care Concordat declaration

In February, the national Crisis Care Concordat was published. It sets out the standards of care people should expect if they suffer a mental health crisis and details how the emergency services should respond.

The concordat also commits local services and agencies across England to sign a declaration, setting out how they will improve the support for people experiencing a mental heath crisis by the end of the year. Once an area has published its declaration, the signatories will develop an action plan detailing how they will meet the following criteria:

• ensure people with mental health problems can get help 24 hours a day and that when they ask for help, they are taken seriously
• make sure that a mental health crisis is treated with the same urgency as a physical health emergency
• ensure that people experiencing a crisis are treated with dignity and respect
• ensure patients are referred to appropriate services and receive the right care so they don’t experience another mental health crisis

By 31 March next year, all local areas are expected to have developed an action plan. You can find more information about the concordat, including resources and examples of best practice and progress in your area on the dedicated concordat website.

15. Liaison and diversion scheme to go live in 13 more areas

NHS England has announced the liaison and diversion scheme will be rolled out to 13 more areas, following the pilot launch in 10 areas in April this year. The new schemes will go live in April 2015 and will operate in Avon and Somerset, Devon and Cornwall, Hampshire, Kent, Lancashire, the Metropolitan Police Service, Northampton, Nottinghamshire, South Yorkshire, Suffolk, Surrey, Thames Valley and the West Midlands police force areas.

The liaison and diversion scheme sees mental health practitioners work in police custody suites and courts to assess and refer people suffering from mental health problems, learning disabilities and substance misuse problems for treatment and ongoing support. If these services prove successful, they will be extended to the rest of the country by 2017. You can find more information and sign up for regular newsletters on the dedicated NHS Liaison and Diversion website or alternatively you can contact Richard.jolley@homeoffice.gov.uk.

16. New psychoactive substances - a toolkit for substance misuse commissioners

Public Health England has published a toolkit to help local authorities and NHS England to respond to NPS use and problems in their areas. It has been developed in response to a request from substance misuse treatment commissioners, and in consultation with commissioners and other relevant professionals in the sector.

17. National Autistic Society’s international conference on caring for offenders with an intellectual or developmental disability

The National Autistic Society (NAS) is hosting the 14th international conference on the care and treatment of offenders with an intellectual or developmental disability in April 2015. The conference is designed for staff working in services which provide care for offenders with learning and/or developmental disabilities in the criminal justice system and the health and social care sectors. Delegates will have the opportunity to hear from international speakers, as well as smaller scale research, and to learn new strategies and share good practice. The conference takes place from the 15 to 16 April 2015 at the Queen’s Hotel in Leeds, and you can book your place on the NAS’s website.

18. Updates to the Covert Surveillance and Property Interference Code of Practice and the Covert Human Intelligence Sources Code of Practice

Updated versions of the Covert Surveillance and Property Interference Code of Practice and the Covert Human Intelligence Sources Code of Practice came into force on 10 December 2014. The codes provide guidance on the relevant provisions in Part 2 of the Regulation of Investigatory Powers Act 2000 (RIPA).

The codes have been updated to reflect recent legislative changes to how local authorities use covert human intelligence sources (CHIS) and covert surveillance, and procedures for deploying undercover law enforcement officers.

The main changes to the codes are:

• local authorities in England and Wales can only use directed surveillance to investigate offences which attract sentences of six months or more, or relate to the underage sale of alcohol or tobacco
• local authorities need to obtain an order from a justice of the peace in order to decide whether to grant or renew the authorisation of covert techniques
• all police officers deployed as a relevant source in England and Wales must comply with the College of Policing code of ethics

19. Surveillance Camera Commissioner’s annual report published

The Surveillance Camera Commissioner’s first annual report was laid before Parliament on Tuesday 16 December. It sets out how the commissioner continues to promote the surveillance camera code of practice. The report also details the commissioner’s work to date, including simplifying the CCTV standards framework and launching an easy-to-use self-assessment tool so organisations can demonstrate how they are meeting the principles in the code.

20. Speeches

The Prime Minister’s announcement of new measures to eradicate online child abuse at the #We Protect Children Online Global Summit:

The Home Secretary’s speech about online child sexual exploitation delivered at the #We Protect Children Online summit

The Home Secretary’s speech at the Santa Marta conference