Correspondence

Crime and policing news update: March 2015

Published 26 March 2015

1. Revised Strategic Policing Requirement designates child sexual abuse a national threat for police

On 3 March, the Home Secretary issued a new Strategic Policing Requirement (SPR) which was revised following a consultation with policing and other partners last year. The SPR is a statutory document which sets out the national threats that forces must address and outlines the capabilities they need to build to counter those threats, particularly by working together across boundaries. The revised SPR designates child sexual abuse (CSA) as a national threat. This will ensure the police approach it in the same way as they address other national threats such as terrorism, and serious and organised crime. It will help forces prioritise work to safeguard children, and strengthen the policing response to tackling CSA.

2. Modern Slavery Bill to receive Royal Assent

The landmark Modern Slavery Bill has received Royal Assent and become the Modern Slavery Act 2015. This is the first legislation in Europe to specifically target this crime. The Act will strengthen the response to modern slavery by giving law enforcement agencies the tools needed to tackle it and by making sure that those who commit these appalling crimes can receive up to a life sentence. The Modern Slavery Strategy puts victims at the heart of the response to modern slavery. This new Act significantly enhances support and protection for victims. For example, it introduces a statutory defence for slavery or trafficking victims to help ensure they are treated by the authorities as victims not criminals. The Act establishes the Independent Anti-slavery Commissioner who will drive forward the UK’s response to this terrible crime, ensuring that the perpetrators are caught and prosecuted and that the victims are identified swiftly and are able to receive the support that they need. The Act introduces a world leading provision to encourage business to take action to ensure the end-to-end supply chains are slavery free.

3. Reforms to improve the police complaints and disciplinary systems announced

The government is clear that trust and confidence in the police must be improved. Following last year’s consultations Changes to the Police Disciplinary System and Improving Police Integrity new regulations were laid on 12 March which will ensure police disciplinary hearings are held in public and led by legally qualified chairs.

The powers are part of a series of changes that aim to make police misconduct hearings more open and visible as well as increasing protection for police whistleblowers. They include:

• Requiring disciplinary hearings to be held in public [from 1 May];
• Ensuring the chair of the hearing is legally qualified [from January 2016];
• Protecting police whistleblowers from unfair disciplinary action [from 1 May]; and,
• Allowing compensation to be withheld from chief officers who are found guilty of misconduct [from 1 May].

At the same time, further long-term reforms were also announced to improve the police complaints and disciplinary systems.

4. Home Secretary announces statutory inquiry into undercover policing

On 12 March, the Home Secretary established an inquiry into undercover policing and the operation of the Metropolitan Police’s Special Demonstration Squad (SDS). The inquiry will consider the deployment of police officers as covert human intelligence sources by the SDS, the National Public Order Intelligence Unit and by other police forces in England and Wales. It will also review undercover policing practices, identify lessons learned and make recommendations about the way undercover policing is conducted.

Lord Justice Pitchford has been appointed to lead the inquiry, which has the power to compel witnesses to give evidence. The terms of reference will be established in consultation with interested parties and are due to be published at the end of July.

At the same time, Stephen Taylor’s independent review of the Home Office’s knowledge of SDS activities was published. The independent review found there was no evidence to suggest that the Home Office was aware of:

• The practice, by some officers, of using the identities of dead children;
• The risk of SDS officers forming relationships with individuals within groups under false pretences;
• Any justice campaign groups being ‘targeted’ by the SDS; and,
• Any direct knowledge of any criminal activity and court appearances by SDS operatives that could lead to miscarriages of justice.

5. Reforming the use of police bail

A package of measures to reform the use of police pre-charge bail was announced by the Home Secretary on 23 March. The announcement follows the consultation on the use of police bail that closed on 8 February.

The consultation response sets out that under the new proposals, the police will make the initial decision to release a suspect on bail. That decision can be reviewed by a Superintendent after 28 days, at which point they could authorise further bail, up to a total of three months, in exceptional circumstances. Any application to extend pre-charge bail beyond three months would need to be approved by a magistrate.

The response document also includes the following measures:

• Setting a presumption to release without bail, with bail only being imposed when it is both necessary and proportionate;
• Establishing a framework for the regular review by the courts of pre-charge bail;
• Introducing formal guidance on the imposition of conditions; and
• Collecting consistent data on the use of pre-charge bail as part of the Annual Data Requirement process and publishing it.

Legislation to give effect to these proposals would need to be taken forward in the next Parliament. But government are working immediately with the College of Policing to put in place memoranda of understanding to enable the police to access material required as part of a criminal investigation in a timely and efficient manner. We will also explore with the senior judiciary and the College of Policing what guidance might be given to custody officers and magistrates on the appropriate conditions of bail in particular circumstances.

6. Anti-social behaviour civil injunction power comes into effect

The new civil injunction power came into force on 23 March and replaces the anti-social behaviour order on application. It is available to the police, local authorities, social landlords and others to help tackle anti-social behaviour early on.

The implementation of the civil injunction follows a Ministry of Justice consultation on changes to legal aid required for the Part 1 civil injunction. A copy of the commencement order is available. The civil injunction is one of the six new anti-social behaviour powers introduced under the Anti-social Behaviour, Crime and Policing Act 2014.

The Act also introduced the community trigger and the community remedy which were designed to empower victims and communities to have a say in the outcome of their reports and hold agencies to account. You can read the statutory guidance on the new powers and measures.

7. Home Office takes further action against new psychoactive substances

As part of the Home Office’s action to respond to the challenges caused by new psychoactive substances (NPS), two groups of NPS were banned on 11 March. The stimulant compound drug 4,4’-DMAR, and the synthetic opioid MT-45, have both been outlawed as Class A substances.

The bans come into force on the same day as a letter was sent by the Crime Prevention Minister, Lynne Featherstone, to summer festival organisers warning them of the risks posed by so-called ‘legal highs’. New guidance was also published for local authorities and the police on tackling NPS.

The Home Office has also secured the international control of mephedrone and nine other NPS under the UN conventions. These are the first NPS to be banned at an international level with the decision sending a clear message that the international community will work together to restrict their supply.

8. New resources pack on new psychoactive substances for informal educators and practitioners

The Home Office has published a New Psychoactive Substances (NPS) Resource Pack for informal educators and practitioners. Written in collaboration with drug treatment partners, the pack is aimed at those working with young people to enable them to have conversations about NPS and prevent drug taking.

The pack includes:

• facts and information about NPS;
• case studies on working with young people who use NPS;
• resources to help start conversations about NPS with young people; and,
• references for further help and information.

9. New technology to screen for drug drivers

The Home Office has recently approved equipment which will allow the police to screen for suspected drug drivers at the roadside. The devices will be used to detect THC (one of the psychoactive components of cannabis) and cocaine. The introduction of this technology builds on the ability to screen suspected drug drivers for THC in police stations, which was introduced in 2012.

These groundbreaking new devices will allow the police to quickly identify those drivers potentially under the influence of cocaine or cannabis. The devices support both the existing impairment offence, and the new offence of driving with a specified drug in the body above a specified limit, which came into force on 2 March this year. Further information on the drug driving law is available and if you have operational queries on the new offence please contact:

Glyn.Jones@dft.gov.uk

10. Competition for new Emergency Services Network hots up

Competition to run the new Emergency Services Network (ESN) has generated some impressive technical bids that match the operational expectations of the emergency services and offer the prospect of significant cost savings for the taxpayer.

The competitive procurement approach adopted by The Home Office led Emergency Services Mobile Communications Programme (ESMCP) is to separately contract for each component that makes up the new service, and these are called ‘lots’. In the main procurement this includes lots covering a delivery partner, user services, and mobile services. Other related projects include extended area services, devices, vehicle conversion, control room upgrades and an air to ground network.

Eight organisations are now in negotiation for the three lots of the main contract. ESMCP expects to conclude negotiations with potential suppliers over the coming weeks and will then ask for Best and Final Offers. Contracts for an enhanced, flexible and more affordable communication system for the emergency services are expected to be awarded following the General Election. For further information email:

ESMCPComms@homeoffice.gov.uk

11. Police ICT Company update

In February, police and crime commissioners approved a proposal to establish the Police ICT Company. The Company is due to go live in April, and will support policing bodies to make the best use of technology to deliver efficient and effective policing and improve public safety.

The Company is a private company limited by guarantee. Revised Articles of Association for the Company which formally set out its objectives and governance are being lodged with Companies House. Following this, members will elect a new Board of Directors to provide the Company with strategic oversight and direction. The Police IT Board have also started the process of identifying candidates for the position of Chief Executive to the Company. Applications for this post close on 20 April. For further information on the Company, please contact:

nicholas.budge@homeoffice.gov.uk

12. Updated Violence against Women and Girls Communications Insight Pack

The Violence against Women and Girls (VAWG) Communications Insight Pack has recently been updated and is now available. The pack has been developed to provide partners with key insights which can help inform local communications activities.

The pack covers a wide range of VAWG areas and includes key national statistics, background information on policy, government and partner campaigns which tackle VAWG. It also signposts other useful research and how to access various free support materials which are currently available to partners.

13. Updated “This is Abuse” campaign resources published

The “This is Abuse” campaign aims to prevent teenagers from becoming victims and perpetrators of abusive relationships. To support professionals facilitate discussions with young people on relationship abuse and consent, a “This is Abuse” discussion guide was published in 2013. Following feedback from partners, the guide has been updated and now includes sections on ‘girls and gangs’ and ‘sexting’ (sending sexually explicit messages or images by mobile phone). The guide also provides further information for facilitators on pornography as well as information on the issue of abuse within LGB&T relationships. The Personal, Social, Health and Economic education professionals association has disseminated the guide to teachers but it will also useful for other professionals who work with young people.

The ‘This is Abuse’ website has been updated to include more information for teenagers who are worried about abusive relationships. A report has also been published, which summarises the development and evaluation of campaign since its launch in February 2010.

14. Increase in firearms licensing fees announced

On 12 March the Home Office announced that firearms licensing fees administered by the police would increase. The new fees come into effect from 6 April and are in line with the proposals set out in last year’s consultation. A circular detailing the fee increases has also been published.

15. Draft Riot Compensation Bill published

The Home Office published its response to the consultation on proposed reforms to the Riot (Damages) Act 1886 on 12 Mach. On the same day, it published the draft Riot Compensation Bill which will replace the Act.

The draft Bill provides the legislative framework for key reforms, including: * introducing a cap of £1m on the amount that can be paid out in any single claim, thereby reducing the burden on the taxpayer; * increasing the time limit in which people can make claims applications; * providing more modern arrangements for compensation by providing “new for old” replacements for destroyed or damaged goods; and, * providing limited cover for motor vehicles for the first time. The full response document and draft bill is available.

16. Serious Crime Act provisions to come into effect

The Serious Crime Act 2015 will ensure that law enforcement agencies have the powers they need to pursue, disrupt and bring to justice those engaged in serious and organised crime.

On 3 May, a number of measures will come into effect. These include:

• enhancing the protection of vulnerable children and others;
• strengthening the law to tackle female genital mutilation and domestic abuse;
• ensuring that sentences for attacks on computer systems fully reflect the damage they cause;
• criminalising the possession of ‘paedophile manuals’; and
• establishing new powers to seize, detain and destroy chemical substances suspected of being used as cutting agents for illegal drugs.

A circular detailing these has been published, and other provisions of the Act will be commenced in due course.

17. Serious and Organised Crime Strategy Annual Report Published

On 23 March, the Home Secretary published a report highlighting the progress made in 2014 to implement the Serious and Organised Crime Strategy.

Launched in October 2013, the Strategy uses a proven framework – based on the four areas of Pursue, Prevent, Protect and Prepare – and sets out the Government’s response to tackling the threats we face.

Significant developments include:

• Under Pursue, the Government has invested in better capabilities to combat cyber crime and strengthen Regional Organised Crime Units, introduced important new legislation through the Serious Crime Act 2015 and Modern Slavery Bill, and committed an extra £10 million to tackle online child sexual exploitation. These steps will further improve law enforcement’s ability to identify, disrupt and prosecute serious and organised criminals.
• Under Prevent, pilot projects have been launched to deter at-risk groups from being drawn into serious and organised crime, and a frontline team has been established to support local delivery of the Strategy.
• Under Protect, the Government has successfully ramped-up cooperation on economic crime through the Financial Sector Forum, and has published a new anti-corruption plan.
• Under Prepare, we have established a new statutory Code of Practice for victims of crime setting out the information and services that victims are entitled to receive from criminal justice agencies, a new national Protected Persons Service, and a new exercise programme to test and improve our response to serious and organised crime incidents.

The scale of the threat from serious and organised crime has been demonstrated by high profile cases of child sexual exploitation; growing use of cyber techniques by organised criminals to commit fraud and trade illegal drugs and firearms on the internet; and the spread of banking malware responsible for losses of hundreds of millions of pounds.

18. Serious and Organised Crime Illustrative Local Profile launched

Effective local partnerships is a key commitment of the Serious and Organised Crime Strategy. To support multi-agency working, police forces have been encouraged to develop their own Serious and Organised Crime Local Profiles. To support forces develop their local profiles with their multi-agency partnership, the Serious and Organised Crime Local Profiles: Illustrative Profile has been launched. It provides an overview of what a developed and effective Serious and Organised Crime Local Profile may look like in a force area and should be read alongside the Serious and Organised Crime Local Profiles guidance.

If you would like further details about this work or a copy of the Illustrative Profile guidance, please e-mail:

SCOC.localpartnerships@homeoffice.x.gov.uk

19. Serious and Organised Crime Prevent Interventions Guide published

The Home Office’s Prevent team has recently published a guide to help partners understand how individuals can become drawn into serious and organised crime. It also sets out how partners can put in place interventions for individuals at risk of being drawn in or reoffending.

The Prevent team is seeking to encourage partners to maximise the use of existing intervention programmes and develop new approaches. If you have any examples of work that you are doing which you would like to tell the Prevent team about, please e-mail:

socprevent@homeoffice.x.gov.uk

20. Serious and Organised Crime Prevent Toolkit for frontline practitioners

Deterring young people from becoming involved in serious and organised crime is a key priority of the Serious and Organised Crime Strategy. To support this work, the Home Office, in partnership with the police and the voluntary sector, has developed an interactive toolkit for those who work with young people. The toolkit seeks to make young people aware of the dangers of this type of crime and how they could be groomed to take part so they recognise these dangers and know when to seek help.

The toolkit includes:

• a short video for frontline staff outlining what serious and organised crime is;
• a short, hard-hitting film (‘Consequences’) for at-risk young people aged between 11-18 years old; and
• a discussion guide practitioners can use with the short film to run interactive sessions.

For further information please contact:

SOCPrevent.Education@homeoffice.x.gov.uk

21. Early Intervention Foundation’s guidance for police on early intervention

A practical guide has been developed by the Early Intervention Foundation and the College of Policing to help the police prevent crime through the use of early intervention. The guide sets out how to engage effectively with young people, families and communities in order to spot potential problems. It sets out what action the police might take themselves and how they can draw in support from other agencies. Working with partners to put the right support in place greatly improves outcomes for young people and reduces the risk of being drawn into crime.

22. Guidance on the Internet of things published

Working with technology experts, the Home Office has produced a guide to help consumers and businesses keep their electronic smart devices safe from criminal interception. The guide provides information on smart devices and systems which connect and share data through wireless internet connections. This is also known as the ‘internet of things’.

Applications designed to wirelessly link devices often contain people’s personal data, or information on their whereabouts, leaving them vulnerable to crimes such as fraud and burglary. The guide sets out measures people can take to avoid becoming victims of crime through their use of these smart devices.

23. New Integrated Offender Management Key Principles published

The Home Office, with support from the Ministry of Justice, has published refreshed Integrated Offender Management Key Principles. These describe the main features of Integrated Offender Management, drawing on the learning and experience of local areas and taking account of significant changes to the delivery landscape. They are intended to help local areas adapt their arrangements to meet future challenges, whilst maintaining the impact that they are having on crime and reoffending. More detail is provided in the Key Principles supplement.

The Key Principles were launched at the national Integrated Offender Management conference on 25 and 26 February, hosted by the Home Office and the College of Policing. A range of speakers talked about the success of the approach to date and the response to the challenges ahead. The key themes from the conference have been captured in a report along with supplements containing presenters’ slides and workshop presentations.

24. Alternative place of safety pilot launches in Sussex

On 9 March, the Home Secretary launched a Home Office-funded pilot which will see people detained under Sections 135 and 136 of the Mental Health Act at an alternative place of safety. The pilot, based at a Richmond Fellowship care home in Horsham, is unique and one of the only places of safety within the country that will be delivered by a third sector organisation in a non-health or policing setting. The scheme went live on 13 March and will operate for a 12 week period.

For further information please contact:

Richard.Jolley@homeoffice.gov.uk

25. New Mental Health Code of Practice come into effect

In January, the Department of Health published its new Mental Health Code of Practice. The Code has now received parliamentary approval and comes into force on 1 April.

The Code shows professionals how to carry out their roles and responsibilities under the Mental Health Act 1983, to ensure that all patients receive high quality and safe care. The Home Office worked closely with the Department of Health and other national bodies (including the National Policing Lead for Mental Health) to make sure the policing interests were represented, particularly on Chapter 16 which covers police powers and places of safety.

Several changes have been made to chapter 16 which include:

• the exceptional circumstances in which a person detained under section 136 can be taken to the police station and that they should not be detained there longer than 24 hours;
• when the police can use their powers of entry to enter a person’s home in an emergency crisis situation and when a warrant should be applied for under section 135;
• the relevance of PACE Code C to people removed to a police station as a place of safety including the role of an appropriate adult; and,
• clarifying the roles of the Approved Mental Health Professional and the doctor who accompany a police constable executing a warrant issued under section 135.

The Department of Health has also published a revised Reference Guide to the Mental Health Act which complements the Code, and clearly explains the main provisions of the Mental Health Act.

26. Blue Lights fund launched

On Friday 6 March a mental health support programme for emergency services workers was launched. Last year, the Cabinet Office announced that it had awarded the mental health charity Mind £4m of Libor funding to develop a major new programme of mental health support for emergency services personnel, including the police, in England.

Through the Blue Light Programme, Mind aims to:

• Raise awareness of mental health problems and challenge stigma
• Support 100 emergency service employers to sign up to the Time to Change pledge
• Develop a training package for personnel and their managers
• Launch an emergency services information helpline
• Pilot a resilience building course with emergency services personnel
• Develop and pilot a clinical intervention targeted at the needs of emergency services

The funds, which were announced as part of the autumn statement will also contribute £3m towards rehabilitation facilities for physical injuries and £1m towards supporting bereaved families. More information on the fund is available on Mind’s website.

27. Sentencing Council publishes new proposals for sentencing people convicted of dangerous dog offences

The Sentencing Council has launched a consultation on its proposed guidelines for sentencing people convicted of dangerous dog offences. Following changes to the Dangerous Dogs Act 1991 which came into force last year, new guidelines have been produced to reflect these legislative changes. They also provide judges and magistrates with updated guidance to use in sentencing these cases.

The Council is keen to hear the views of the police and criminal justice professionals on these guidelines. In particular, it wants to know respondents’ views on assessing the seriousness of offences, which factors should influence a sentence and the length of sentence.

The consultation closes on 9 June 2015. You can complete the full consultation, or a simpler online questionnaire which are both available on the Council’s website, or alternatively, you can e-mail your response to:

consultation@sentencingcouncil.gov.uk

28. Cabinet Office report highlights PCCs’ work with civil society organisations

Police and crime commissioners work with a range of civil society organisations, such as local community groups, charities and social enterprises. The Cabinet Office, in partnership with the Home Office and the Association of Police and Crime Commissioners has published a report highlighting this work. The report showcases positive working relationships between PCCs and civil society, and how civil society organisations are helping deliver local police and crime reduction priorities.

29. Speeches

Home Secretary’s speech on A New Partnership to Defeat Extremism

Home Secretary’s speech at the Serious Organised Crime Exchange

Home Secretary’s speech at the launch of the alternative place of safety pilot