Correspondence

Annex B: Metropolitan Police Service update on Operation Midland recommendations (accessible version)

Updated 10 May 2021

Sir Richard Henriques

Recommendation 1

Throughout both the investigation and the judicial process those who make complaints should be referred to as ‘complainants’ and not as ‘victims’ by the MPS.

Not accepted

Current position

This recommendation was not accepted by the MPS as this is a commonly accepted term across a wide range of guidance, policy and legislation. The use of the word victim is not intrinsically linked to the issue of belief. The Met police and the National Police Chiefs Council (NPCC) continue to use the term victim, but this does not confer any judgement on the allegations made, which will be investigated impartially and with an open mind to establish the facts.

Recommendation 2

The instruction to ‘believe a victim’s’ account’ should cease. It should be the duty of an officer interviewing a complainant to investigate the facts objectively and impartially and with an open mind from the outset of the investigation. At no stage must the officer show any form of disbelief and every effort must be made to facilitate the giving of a detailed account in a non-confrontational manner.

Fully accepted

Current position

1. Agreed position on belief by MPS, College of Policing, National Police Chiefs Council ‘We will believe a victim such that we record the crime allegation. From that point we will investigate impartially, and with an open mind to establish the facts.’

2. Intranet articles published with video presentation.

3. Presentation at Senior Leaders event.

4. Embedded into recruit & all relevant training courses, lesson plans and Power points.

5. General Investigation and other policies updated.

6. Reminder internal article on Belief planned for May 2021.

Recommendation 3

In future, the public should be told that ‘if you make a complaint we will treat it very seriously and investigate it thoroughly without fear or favour’.

Fully accepted

Current position

1. Public internet updated: case by case basis ‘we treat reports of crime seriously and investigate each with impartiality. Every investigation will start with the same basic steps to make sure we gather all the relevant information and keep you informed….’

2. Victim leaflet updated.

Recommendation 4

Investigators should be informed that false complaints are made from time to time and should not be regarded as a remote possibility. They may be malicious, mistaken, designed to support others, financially motivated, or inexplicable. When considering non-recent allegations against prominent people they should give full consideration to all background information.

Fully Accepted

Current position

1. Intranet article published with video presentation.

2. Embedded into Sexual Offences Investigation Techniques training (SOIT), Serious & Complex Interviewing and other courses with lesson plans and Power point.

3. General Investigation and other policies updated.

Recommendation 5

A check list of critical topics to be covered in the complainant’s statement should be made available to all investigators designed specifically for non-recent allegations against prominent people.

Fully accepted

Current position

1. Operation Winter Key developed a ‘41 Point Plan’ in 2016 (list of critical topics to be covered in interview with victim). The HMICFRS commented on how effective this was and it has now been updated to a 42 point plan.

2. Intranet article published with video presentation.

3. Embedded into Sexual Offences Investigation Techniques training (SOIT), Serious & Complex Interviewing and other courses with lesson plans and Power point.

4. Investigative interviewing policy and Non Recent Child Abuse Investigation toolkit updated.

Recommendation 6

In cases involving prominent people, consideration should be given to inviting complainants to sign confidentiality agreements and witnesses to sign witness contracts.

Not accepted

Current position

This recommendation was not accepted as it would be difficult to enforce any breach. Guidance is contained in the updated MPS toolkit to assist investigators in providing advice regarding media contact. The risk associated with victims and witnesses discussing allegations is already part of MPS current investigator training.

Recommendation 7

First responders should be able to inform complainants of the latest time that contact will be made with them. Such time scale should be variable and dependent on other commitments. (This relates to Op Yewtree where the MPS received in excess of 300 calls.)

Partially accepted

Current position

1. Victims’ Code of Practice (VCOP) guidance directs officers regarding contact times with victims.

2. Intranet article published with video presentation

3. Embedded into Met Central Communications Command (CCC) – First contact level 1 for new recruits (call handlers) and 1st contact supervisor, Sexual Offences Investigation Techniques training (SOIT), and recruit training courses with both lesson plans and Power point.

Recommendation 8

Contacting a complainant, or potential complainant or witness, by letter, in non-recent cases involving prominent persons, should only take place if a constable is satisfied that there is no risk of interception by another member of the same household.

(There are 2 parts to this recommendation: a) Letter drop tactic - to identify witnesses, b) Communicate with victims and witnesses of crime)

Accepted

Current position

1. Officer’s guidance contained within Op Hydrant and MPS toolkit re letter drop tactics.

2. VCOP guidance on communication with victims.

3. Intranet article published with video presentation.

4. Embedded into Sexual Offences Investigation Techniques training (SOIT), National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

5. General Investigation and other policies updated and Non Recent Child Abuse toolkit.

Recommendation 9

DMC (Directorate of Media and Communications) policy should be amended to avoid any details of age or geography being released to the public in relation to an arrest, search, interview, or bail of any suspect.

Not accepted

Current position

This recommendation was not accepted by the MPS who follow the College of Policing Authorised Professional Practice (APP) on Media Relations which states that in some cases, where they could lead to the identification of a suspect, details of age or geography in relation to a suspect should not be released, but judgements are made on a case by case basis. The MPS accepts that some of the information released regarding suspects in Operation Midland, whilst not naming them, was too detailed.

Recommendation 10

A suspect should have the right to anonymity prior to arrest enforced by statute and criminal sanctions.

Not accepted

Current position

This recommendation could not be accepted by the MPS as it is not within the MPS’ gift to make legislative change. There are also occasions where anonymity might expose the public to harm such as an active hunt for a wanted offender.

Recommendation 11

The exceptional circumstances in which suspects will be named or identified before charge should be clearly defined and included in MPS policy documents. In most cases qualifying for removal of anonymity there will be sufficient evidence to justify a charge.

Fully accepted

Current position

1. Intranet article published with video presentation.

2. Embedded into Direct Entrant DC, DC, DS, DI, National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

3. General Investigation policy and Media Authorised Professional Practice (APP) updated. MPS follows the APP, and has also determined that an officer of Commander rank or above must approve any naming of a suspect before charge.

Recommendation 12

Every effort should be made to minimise leaks of information by examining current systems and increasing sanctions. Fully accepted

Current position

1. All MPS IT systems are auditable and in particular officer involved in sensitive investigations are asked to sign inclusion notices reminding them of their responsibilities.

2. Directorate of Professional Standards (DPS) presentation ‘Key Threats’ to Basic Command Units (BCUs).

3. DPS training for recruits and promotion courses, both lesson plans and power points.

4. Embedded into National Senior Investigating Officers Development Programme (SIO) & Direct Entrant DC, DC, DS and DI and other training courses with both lesson plans and Power point.

5. Intranet article published with video presentation.

6. Information leakage could amount to Gross Misconduct and is therefore covered within the Code of Ethics and Standards of Professional Behaviour.

Recommendation 13

In non-recent cases particular consideration should be given to the necessity to arrest or re-arrest in accord with Code G and the guidance therein.

Fully accepted

Current position

1. Intranet article published with video presentation.

2. Embedded DC, DS, DI and National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

3. General Investigation, Voluntary Attendance and other policies updated.

Recommendation 14

A protocol for keeping suspects, who are not in custody, informed of the progress of the investigation should be published.

Partially accepted

Current position

1. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with a 28 day update on their investigation.

2. Internet article published with Q&A.

3. Intranet article published with video presentation

4. Embedded as a pre-read into the Direct Entry Detective, DC, DS, DI, & National Senior Investigating Officers Development Programme (SIO) course and other training courses with both lesson plans and Power point.

5. General Investigation, Pre-Charge Investigative Bail and other policies updated.

6. Dip sampling to monitor compliance.

7. Further online training provided to all officers. This information is to be recorded in a dedicated place on the crime report and will remain an ongoing requirement until Charge/NFA or other outcome.

Recommendation 15

At the commencement of an investigation a time limit should be fixed by a supervising officer and communicated to a suspect. Such time limit can be extended in appropriate circumstances.

Not accepted originally, but with NPCC guidance this has now been adopted.

Current position

1. April 2017 NPCC guidance directed officers to generate an Expected Finish Date (EFD) for Released under investigation cases.

2. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must now be (unless exceptional circumstances apply) provided with an EFD.

3. All OCU/BCU Commanders provided with a briefing slide to disseminate to all officers.

4. Internet article published providing Q&A.

5. Embedded as a pre-read into Direct Entry Detective, DC, DS, DI and National Senior Investigating Officers Development Programme (SIO) courses and other training courses with both lesson plans and Power point.

6. General Investigation, Pre-Charge Investigative Bail and other policies updated.

7. Dip sampling to monitor compliance.

8. Further online training provided to all officers. This information is to be recorded in a dedicated place on the crime report and will remain an ongoing requirement until Charge/NFA or other outcome.

Recommendation 16

Consideration should be given, at the highest level, to the question of whether suspects should be informed of every allegation against them when one or more of those allegations has not been pursued. On balance, I agree with present arrangements having regard to the duty to disclose in the event of a trial resulting.

Fully accepted

Current position

1. Intranet article published with video presentation.

2. Embedded into National Senior Investigating Officers Development Programme (SIO) training courses with both lesson plans and Power point.

3. General Investigation and other policies updated.

Recommendation 17

When a decision is made to take no further action on any complaint, but the investigation continues on others, the suspect, or his solicitor, must be informed at the earliest opportunity of any decision to discontinue in relation to any allegation communicated to them.

Partially accepted

Current position

1. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with information of No Further Action (NFA.) either: a. The evidence did not meet the evidential stage of the full code test set out in the Code for Crown Prosecutors; or, b. Further action is not in the public interest.

2. All OCU/BCU Commanders provided with a briefing slide to disseminate to all officers.

3. Internet article published with Q&A.

4. Intranet article published with video presentation.

5. Embedded as a pre-read for Direct Entry Detective, DC, DS DI, National Senior Investigating Officers Development Programme (SIO) courses and other training courses with both lesson plans and Power point.

6. General Investigative, Pre-Charge Investigative Bail and other policies updated.

7. Dip sampling to monitor compliance.

8. Further online training provided to all officers. Now a requirement to record NFA in a dedicated place on the crime report. The case will not be closed unless completed correctly.

Recommendation 18

At the conclusion of an investigation, when no further action is to be taken against a suspect, he should be supplied with a similar written document to that provided to the complainant coupled with an explanation of the circumstances in which an investigation may be re-opened.

Not accepted

Current position

This recommendation was not accepted as this information is already contained within the MPS updated notification of ‘No Further Action’ (NFA) forms provided to suspects at the conclusion of an investigation along with the circumstances under which it may be re-opened.

Recommendation 19

Before information is released to the media that no further action is to be taken against a suspect, police must ensure that the suspect has received the information.

Partially accepted

Current position

1. Intranet article published with video presentation

2. Embedded into National Senior Investigating Officers Development Programme (SIO) training courses with both lesson plans and Power point.

3. MPS Media policy updated to reflect College of Policing Authorised Professional Practice (APP).

Recommendation 20

When announcing publicly that no further action will be taken, rather than stating that there was an insufficiency of evidence, an alternative, and arguably preferable reason, is that ‘the case failed to meet the evidential test’.

Fully accepted

Current position

1. Intranet article published with video presentation

2. Embedded into National Senior Investigating Officers Development Programme (SIO) training courses with both lesson plans and Power point.

3. MPS Media policy updated to reflect College of Policing Authorised Professional Practice (APP).

Recommendation 21

When announcing publicly that no further action will be taken, no details of the allegations not already published should be disclosed.

Accepted by CPS

Current position

CPS / Following HMICFRS recommendations, this has also been addressed in the College of Policing APP on Media Relations and therefore adopted into MPS media policy.

Recommendation 22

In exceptional cases, and very rarely, consideration should be given to issuing a reasoned statement explaining why no further action has been taken.

Fully accepted by CPS

Current position

CPS

Recommendation 23

Consideration should be given at NPCC level to both of these concerns. It may be that some form of statutory control is needed to prevent investigative journalists intruding on investigations in circumstances such as these. At certain times there appeared to be two teams of investigators competing for ‘Nick’s’ attention. Matters communicated to ‘Nick’, in furtherance of perceived obligations under the Victim’s Charter, were divulged by ‘Nick’ to Exaro and thence to the public to the considerable disadvantage of suspects. In an endeavour to encourage witnesses to come forward and to give evidence in high profile cases some statutory control may be necessary to prevent ‘door stepping’ of witnesses.

Partially accepted by CPS

Current position

This recommendation was partially accepted by policing nationally and Operation Hydrant has issued guidance to forces. However, it is not within the MPS’ gift to make legislative change.

Recommendation 24

Senior Detectives should be reminded, or be made aware, of the full range of reviews that are available from the SCRG and should be encouraged to make use of them.

Fully accepted

Current position

1. Review training is mandatory in National Senior Investigating Officers Development Programme (SIO) course, including Operation Hydrant and SCRG

2. Continuous Professional Development for National Senior Investigating Officers Development Programme (SIO) SIOs by the SCRG.

3. Embedded into the National Senior Investigating Officers Development Programme (SIO) training course with both lesson plans and Power point.

4. Intranet article published with video presentation.

Recommendation 25

In exceptional cases where suspects have been falsely accused of crime, they, and their families, should be treated the same as ‘victims of crime’ invariably are and should be offered support and liaison compatible with the gravity of the allegations made.

Fully accepted

Current position

1. Policy updated to reflect police response to those who are falsely accused.

2. Intranet article published with video presentation.

3. Embedded into pre-read for DC course, DS, DI, National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

4. General investigation policies updated.

Current position

Current position

IOPC – Operation Kentia

Recommendation 1

The MPS should take immediate steps to assure itself that appropriate measures (for example, training, guidance and oversight) are in place to ensure that warrants applied for by the MPS are consistently completed to a high standard.

Current position

1. Search Warrant Record (SWR) launched Feb 2020.

2. Mandatory Authorising Officer training – over 1,400 trained.

3. All Officer General Search Warrant and Sensitive Information training – over 24,400 trained.

4. New Search Warrant toolkit.

5. HMCTS form part of the MPS Search Warrant Strategic board for ongoing learning

6. New Book 101 and 101A published and reminds officers: compassion, professional disclosure, integrity of roles, legislation etc.

7. General Investigation and Search Warrant and Non-recent Child Abuse Investigation toolkits updated.

8. Continued training events to support officers and Single Points of Contact (SPOCs) with SWR.

9. Reduction of claims received by the Directorate of Legal Services (DLS), this will be monitored monthly.

10.Reduction in the number of enquiries by police officers to the DLS for advice and guidance post the training Feb 2020.

Recommendation 2

The National Police Chiefs’ Council and College of Policing should work together to consider what steps can be taken to ensure that warrants applied for by the police service are consistently completed to a high standard. In doing this they should consider learning and action taken from an internal review of search warrants carried out by the NCA and subsequent inspection to determine whether any of this learning is transferrable to the police service. They should then determine who the appropriate lead to take forward any appropriate action is.

Recommendation 3

HM Courts and Tribunal Service should consider the costs and benefits of implementing audio recording of search warrant application hearings and whether this should form part of the hearing process.

Recommendation 4

The Criminal Procedure Rule Committee should consider whether additions can be made to the ‘Notes for Guidance’ relating to section 10 (authorisation) of the search warrant, and to section 10 itself, to include a checklist which requires the authorising officer to confirm:

i. that all relevant information is contained within the warrant to the best of their knowledge and belief, and ii. that the possibility there may be evidence, intelligence or other matters that might reasonably be considered capable of undermining the application has been considered, and relevant assurances have been sought from the applicant.

Recommendation 5

The MPS should issue an urgent reminder to officers of the requirements of this duty of disclosure and how high the onus is on them to make full disclosure in a search warrant application.

Current position

1. Mandatory Authorising Officer training – over 1,400 trained.

2. All Officer General Search Warrant and Sensitive Information training – over 24,400 trained.

3. New Search Warrant toolkit.

4. New Book 101 and 101A published and reminds officers: compassion, professional disclosure, integrity of roles, legislation etc.

5. Continued training events to support officers and SPOCs with SWR.

Recommendation 6

The Home Office’s Police and Criminal Evidence (PACE) Strategy Board should amend Code B of PACE to provide guidance to make the duty of disclosure clearer to investigators and assist them to comply with this duty.

Recommendation 7

The MPS should issue an urgent reminder to officers of their responsibilities for notifications relating to searches under PACE.

Current position

1. Mandatory Authorising Officer training – over 1,400 trained.

2. All Officer General Search Warrant and Sensitive Information training – over 24,400 trained.

3. New improved and updated Book 101 and 101A published.

a. Focusing on serious intrusion.

b. Where we are able to provide further information that can reasonably be given to the occupier without compromising the investigation it should be, etc.

4. Continued training events to support officers and SPOCs with SWR.

5. CPIC to conduct dip sampling to ensure compliance.

Recommendation 8

In the next review of PACE, the Home Office PACE Strategy Board should review requirements for notification relating to searches including looking at any inconsistencies in requirements under different PACE powers. The review should consider whether there should be a specific requirement in all searches that a list of property seized is provided, detailing under which powers it was seized, and explaining how individuals may seek its return or be allowed to have copies/access to it. The IOPC will be happy to provide input to consultation around such a review based on this and other case experience.

Recommendation 9

The MPS should take steps to ensure that consideration of potential conflict of interests, whether real or perceived, inform decisions about which officers are deployed to undertake a search. This should include a responsibility on those making the decision as well as an expectation that officers will self-declare any potential conflict of interest. It is acknowledged that there may be circumstances where the benefit of a particular individual being present outweighs a potential conflict of interest. In these circumstances, decisions should be fully considered and managed appropriately.

Current position

1. Mandatory Authorising Officer training – over 1,400 trained.

2. All Officer General Search Warrant and Sensitive Information training – over 24,400 trained.

3. Intranet article published with video presentation

4. New Book 101 and 101A published and reminds officers: compassion, professional disclosure, integrity of roles, legislation etc

5. Strategy over the coming months to support BCUs with training events.

6. Continuous Policing Improvement Command (CPIC) to conduct dip sampling to ensure compliance.

Recommendation 10

The MPS should define the benefits of using HOLMES to ensure that those benefits are maximised with reference to, but not bound by, Major Incident Room Standard Administration Procedures. The MPS should also ensure that it has a clear policy for its staff, requiring a decision to be made and articulated in relation to how HOLMES will be utilised to enhance the quality of the investigation, which should include associated resources and role allocation. Particular consideration should be given to:

• Using the full functionality of HOLMES to support an investigation (with the appropriate associated resourcing requirement to avoid a backlog of investigative material being added).
• Using HOLMES as defined by the needs of the enquiry (known as HOLMES-lite), in which case clear direction and policy decisions must be provided in relation to what roles will be allocated, or
• Not using HOLMES at all in the specific circumstances.

Current position

1. National Senior Investigating Officers Development Programme (SIO) mandatory training pathway includes HOLMES course and its capability and capacity.

2. Following a review of Op Winter Key, subject matter experts including HMICFRS and NPCC agreed HOLMES remains the best records management tool for these types of complex investigations.

Recommendation 11

The MPS should consider how it can best reinforce with its officers and staff the importance of good-quality document management and take appropriate steps to act on this. This could, for example, be achieved by embedding it in policy or training and ensuring there is a process for checking that the procedure is being followed properly.

Current position

1. CPIA disclosure champions embedded across OCUs and BCUs.

2. Digital asset management tool ‘BOX’ available a secure system for storage and data sharing.

3. National Senior Investigating Officers Development Programme (SIO) training strategic disclosure strategies.

4. Case Management Team to ensure file compliance prior to submission to the CPS.

5. Intranet article published with video presentation.

6. Embedded into all training courses with both lesson plans and Power point.

Recommendation 12

For investigations, especially of the type described above, the MPS should seek to undertake regular periodic reviews to provide the necessary advice and support to the overall strategic management of the investigation and to ensure they are conducted within the level of quality and strategic oversight required by the chief officer. Reference should be made to the relevant College of Policing advice in this area.

Current position

1. Specialist Crime Review Group (SCRG) review process in place.

2. Operation Hydrant - Winter Key have introduced review templates. 3. MPS have regular oversight of undetected homicide reviews.

4. The BCU Safeguarding teams have been reminded of their review support services via toolkit.

5. Intranet article published with video presentation

6. Embedded into National Senior Investigating Officers Development Programme (SIO) training course with both lesson plans and Power point.

7. Operation Winter Key and Non Recent Child Abuse Investigation toolkits updated.

Recommendation 13

While acknowledging there is a fine balance to be struck, we would invite the police service to reflect carefully on and renew their efforts to balance the culture of belief at the time an allegation is recorded with the clear need to objectively investigate the allegations thereafter.

Current position

1. Agreed position on belief by MPS, CoP, NPCC: ‘We will believe a victim such that we record the crime allegation. From that point we will investigate impartially, and with an open mind to establish the facts.’

2. Intranet articles published with video presentation.

3. Presentation at Senior Leaders event.

4. Embedded into recruit & all relevant training courses, lesson plans and Power points.

5. General Investigation and other policies updated.

Recommendation 14

The MPS should review its media handling procedures to ensure alignment with current APP. Police forces should assure themselves that any media strategy relating to an investigation includes careful consideration of the potential for an individual to be identified through the information released about them. Naming a suspect before charge is a major step and should only be undertaken in exceptional circumstances and for a clear policing purpose.

Current position

1. MPS media policy follows Authorised Professional Practice by the College of Policing

2. Intranet article published with video presentation.

3. Embedded into Direct Entrant DC, DC, DS, DI, National Senior Investigating Officers Development

Recommendation 15

While we appreciate that the police cannot control what the media reports, police forces should take careful steps – particularly where an investigation has demonstrated that allegations have been made falsely or in bad faith – to ensure that a fair and balanced summary of the reasons for taking no further action is put out into the public domain.

Current position

1. MPS media policy follows Authorised Professional Practice by the College of Policing

2. Intranet article published with video presentation.

3. Embedded into DC, DS, DI, National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

Recommendation 16

Suspects should receive regular open and candid communication from the MPS throughout the progress of their case, including an indicative timescale for the investigation. It is accepted it will not be possible or appropriate to give them details of the precise nature of enquiries being undertaken.

Current position

1. April 2017 NPCC guidance directed officers to generate an Expected Finish Date (EFD) for Release under investigation cases

2. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with an Expected Finish Date and an update every 28 days.

3. All OCU/BCU Commanders provided with a briefing slide to disseminate to all officers.

4. Internet article published providing Q&A.

5. Intranet article published with video presentation.

6. Embedded into pre-read of the Direct Entry Detective, DC, DS, DI course & National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

7. General Investigation and other policies updated.

8. Dip sampling to monitor compliance

9. Further online training provided to all officers. This information is to be recorded in a dedicated place on the crime report and will remain an ongoing requirement until Charge/NFA or other outcome.

HMICFRS Inspection

Recommendation 1

As part of the next planned update of the crime counting rules (currently scheduled for July 2020), the Home Office should provide additional clarification in relation to the concept of belief. This should include:

a. adding greater emphasis to the principle that ‘belief by the victim’ is usually enough to justify recording a crime;

b. removing the references to police ‘belief in the victim’; and

c. making clear that, once a crime has been recorded, any investigation should be conducted impartially to establish the truth.

Current position

Message received by MPS from Home Office National Crime Registrar to outline that the line the Met adopted appeared right, and that while the Home Secretary accepted recommendation 1, in so doing the Home Secretary had also been clear that this was considered a clarification of the existing provisions and not to be seen as a step change in approach or policy. In normal times, the Home Office publishes an update to the Counting Rules in July each year, but this was delayed in order to consult carefully on any changes or revisions.

Recommendation 2

As soon as reasonably possible after the Home Office has clarified the crime counting rules, the College of Policing and National Police Chiefs’ Council should ensure that the clarification is communicated to all forces. They should also ensure that appropriate training is provided and clear guidance is made readily accessible to all officers and staff who record and/or investigate crime.

Current position

Awaits outcome of Recommendation 1.

Recommendation 3

By 30 June 2020, the MPS should determine the best solution for Winter Key’s information management needs. It should do this in consultation with experts on the use of HOLMES and other relevant computer systems. As soon as reasonably possible, it should implement this solution.

Current position

Operation Winter Key facilitated a meeting April 2020 with various subject matter experts from HOLMES working group, including representatives from HMICFRS, Operation Hydrant and other forces. The outcome was agreed that HOLMES was still the most appropriate key management tool at this time for this type of complex investigations.

Recommendation 4

By 30 June 2020, the MPS should convert the material presently covered orally in the informal training presentation on Operation Midland into a written presentation, so that the material can be:

a. quality-assured;

b. presented by other trainers; and

c. sent to other relevant officers who cannot see the training presentation in person.

Current position

1. Formal training now embedded for the Senior Investigative officers within the investigators programme – National Senior Investigating Officers Development Programme.

2.Quality assurance conducted by independent curriculum design team at Hendon L&D.

3.Train the trainers programme to be developed for other trainers so they can deliver the material.

4.Intranet article published with video presentation.

5.Embedded into National Senior Investigating Officers Development Programme (SIO) training courses with both lesson plans and Power point.

Recommendation 5

By 30 June 2020, the MPS should amend its investigative interviewing policy, rape and serious sexual offences policy, and any other relevant policies and guidance documents, to make clearer that:

a. false complaints are made from time to time;

b. they may be malicious, mistaken, designed to support others, financially motivated, or inexplicable; and

c. when considering allegations, investigators should give full consideration to all background information.

Current position

1. Intranet article published with video presentation. 2. Embedded into Sexual Offences Investigation Techniques training (SOIT), Serious & Complex Interviewing and other courses with lesson plans and Power point. 3. General Investigation and other policies updated. 4. ‘42 Point Plan’ embedded into Victim / Witness Interview Planning Record (F193) and available to all officers via various toolkit to assist with background information.

Recommendation 6

By 30 June 2020, the MPS should amend its rape and serious sexual assault policy, and any other relevant policies or guidance documents, to make clear that those falsely accused of crime should be treated as victims. They should be offered and, if they want it, provided with support and liaison compatible with the gravity of the allegations made.

Current position

1. General investigation policy updated to reflect police response to those who are falsely accused. 2. Intranet article published with video presentation.

3. Embedded into pre-read for DC course, DS, DI, SIO and other training courses with both lesson plans and Power point. 4. General Investigation and other policies updated.

Recommendation 7

By 30 June 2020, the MPS should review and, where necessary, revise Winter Key’s processes and procedures. This should be done with the intention of securing:

a. greater consistency in record-keeping and the supervision of investigations; and

b. the routine consideration and, if appropriate, nomination of investigations for formal review.

Current position

1. Standardised documentations process now embedded with Operation Winter Key, including investigative strategy, ‘42 point plan’ and an investigation review.

2. All Op Winter Key cases are considered for review by the SCRG a part of the independent oversight by the SCRG.

3. ‘42 Point Plan’ embedded Sexual Offences Investigation Techniques training (SOIT), Serious & Complex Interviewing and other courses with lesson plans and Power point.

4. Op Winter Key and Non-Recent Child Abuse Investigation toolkits updated.

Recommendation 8

By 30 June 2020, the Ministry of Justice, in consultation with victims’ groups, should amend the wording in the ‘Information for Victims of Crime’ leaflet to deal more fully with the duties of the police to treat reports of crime seriously. The amendment should also make clear that any investigation that follows must be carried out impartially.

Recommendation 9

By 30 June 2020, the MPS should amend the wording on its public website, and in leaflets for victims of crime, to deal more fully with the duties of the police to treat reports of crime seriously and investigate impartially.

Current position

1. Public intranet updated: case by case basis, ‘we treat reports of crime seriously and investigate each with impartiality. Every investigation will start with the same basic steps to make sure we gather all the relevant information and keep you informed.’

2. Victim leaflet updated.

3. Intranet article published with video presentation.

4. General Investigation and other policies updated.

Recommendation 10

By 30 June 2020, the MPS should amend its crime training material, to ensure that it makes clear the requirement to keep suspects, who aren’t in custody, informed of the progress of the investigation.

Current position

1. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with a 28 day update on their investigation.

2. Internet article published with Q&A.

3. Intranet article published with video presentation.

4. Embedded into, pre-read for Direct Entry Detectives, DC, DS, DI, National Senior Investigating Officers Development Programme (SIO) courses and other training courses with both lesson plans and Power point.

5. General Investigation, Pre-charge Investigative Bail and other policies updated.

6. Dip sampling to monitor compliance.

7. Further online training provided to all officers. This information is to be recorded in a dedicated place on the crime report and will remain an ongoing requirement until Charge/NFA or other outcome.

Recommendation 11

By 30 June 2020, the MPS should amend:

a. the ‘MPS RUI Process’, to make clear the requirement on officers to communicate to suspects the expected finish date for each investigation; and

b. the MPS RUI form template, so that the expected finish date appears on each completed form.

Current position

1. April 2017 NPCC guidance directed officers to generate an Expected Finish Date (EFD) for Release under investigation cases.

2. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with an Expected Finish Date (EFD).

3. All OCU/BCU Commanders provided with a briefing slide to disseminate to all officers.

4. Internet article published providing Q&A.

5. Intranet article published with video presentation.

6. Embedded into pre-read Direct Entry Detectives, DC course, DS, DI, National Senior Investigating Officers Development Programme (SIO) and other training courses with both lesson plans and Power point.

7. General Investigation, Pre-Charge Investigative Bail and other policies updated.

8. Dip sampling to monitor compliance.

9. Further online training provided to all officers. This information is to be recorded in a dedicated place on the crime report and will remain an ongoing requirement until Charge/NFA or other outcome.

Recommendation 12

By 30 June 2020, the MPS should amend its pre-charge investigative bail policy. The amendment should make clear that the force should consider informing the suspect or their legal representative when it decides to take no further action about some allegations, even when an investigation continues into others.

Current position

1. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with information of No Further Action (NFA.)

a. The evidence did not meet the evidential stage of the full code test set out in the Code for Crown Prosecutors; or

b. Further action is not in the public interest.

2. All OCU/BCU Commanders provided with a briefing slide to disseminate to all officers.

3. Internet article published with Q&A.

4. Intranet article published with video presentation.

5. Embedded into the pre-read for Direct Entry Detectives, DC, DS, DI, National Senior Investigating Officers Development Programme (SIO) courses and other training courses with both lesson plans and Power point.

6. General Investigation, Pre-Charge Investigative Bail and other policies updated.

7. Dip sampling to monitor compliance.

Recommendation 13

By 30 June 2020, the MPS should amend its crime training material. The amendment should make clear that the force should consider informing the suspect or their legal representative when it decides to take no further action about some allegations, even when an investigation continues into others.

Current position

1. Suspects that are either on bail, released under investigation (RUI) or subject to a voluntary attendance interview (VA) must be (unless exceptional circumstances apply) provided with information of No Further Action (NFA.)

a. The evidence did not meet the evidential stage of the full code test set out in the Code for Crown Prosecutors; or

b. Further action is not in the public interest.

2. All OCU/BCU Commanders provided with a briefing slide to disseminate to all officers.

3. Internet article published with Q&A.

4. Intranet article published with video presentation.

5. Embedded into pre-read for Direct Entry Detectives, DC, DS, DI, National Senior Investigating Officers Development Programme (SIO) courses and other training courses with both lesson plans and Power point.

6. General Investigation, Pre-Charge Investigation Bail and other policies updated.

7. Dip sampling to monitor compliance.

Recommendation 14

By 30 June 2020, the College of Policing should amend Authorised Professional practice for media relations. The amendment should make clear that police should try to tell a suspect that no further action is to be taken against them, before informing the media that no further action is to be taken.

Recommendation 15

By 30 June 2020, the College of Policing should amend Authorised Professional Practice for media relations. This amendment should make clear that, when forces announce publicly that no further action will be taken, rather than stating that there was an insufficiency of evidence, they should consider using the words set out on 31 March 2017 by the Policing Minister:

a. “the evidence did not meet (or pass) the evidential stage of the full code test set out in the Code for Crown Prosecutors”; or

b. “further action is not in the public interest”.

Recommendation 16

By 30 June 2020, the MPS should amend its media policy. This amendment should make clear that, when announcing publicly that no further action will be taken, no details of the allegations not already published should be disclosed. That is, except where disclosure is justified by clear circumstances, e.g. a threat to life, the prevention or detection of crime or a matter of public interest and confidence.

Current position

1. MPS Media policy has been updated.

2. Press office training updated

3. MPS adopted the College of Policing’s APP on Media Relations as the basis of its media policy, incorporating it entirely. Following further engagement by the MPS, the College incorporated these changes into the national APP for all forces to ensure consistency.