National Investigators’ Examination Rules & Syllabus 2017 – Final Version 1.2

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Contents Page

Introduction 4

Overview 4

Admission 5

Structure 5

Applications 5

Pass/Fail Criteria 6

Validity 7

Rules 7

Declaration Notice 9

Withdrawals 9

Absence 10

Sickness 11

Suspension 12

Career Breaks 12

Overseas Duties 12

Disabilities 13

Maternity Leave 15

Paternity Leave 15

Pregnant Candidates 16

Results 16

Extenuating Circumstances and Unscheduled Incidents 18

Disqualifications Procedure 19

NIE Reports & Disqualifications Panel 19

Syllabus 21

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Introduction This booklet contains the rules and syllabus for the National Investigators’ Examinations to be conducted from January 2017.

This document supersedes all rules and syllabus previously published.

The previous rules and syllabus have changed. Candidates must make themselves aware of the 2017 version of the rules and the syllabus.

This booklet is produced by:

College of Policing Central House Beckwith Knowle Otley Road Harrogate HG3 1UD

Overview The National Investigators’ Examination (NIE) is Phase 2 of the Initial Crime Investigators’ Development Programme (ICIDP). Please refer to the ICIDP Curriculum Document, published by the College of Policing Investigative Skills Team, for further information on the structure of the ICIDP.

The purpose of the NIE is to identify the candidates who have sufficient levels of knowledge, understanding and application of relevant law and procedure to perform effectively in the ICIDP and as a trainee investigator.

It is recommended that candidates spend a minimum of 14 weeks completing independent study, using the prescribed College of Policing distance learning materials.

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1. Admission Admission to the National Investigators’ Examination is open to warranted officers, police staff investigators and investigators in other law enforcement agencies or other agencies, bodies or individuals with an investigative capacity who have been selected as a potential student for the Initial Crime Investigators’ Development Programme (ICIDP).

The NIE is a pre-requisite to the ICIDP. All candidates applying to sit the NIE must be able to demonstrate current investigative competency against the assessment criteria for the Professionalising Investigation Programme (PIP) Level 1. It is the responsibility of the candidate’s force or organisation to demonstrate that a candidate has reached this standard and the College of Policing reserves the right to reject a candidate if this cannot be evidenced.

NIE candidates should undertake a minimum distance learning period of 14 weeks before sitting the examination.

2. Structure The National Investigators’ Examination consists of a single multiple choice question examination paper. Further details of the structure and format of the examination will be communicated in the Instructions to Candidates document, which candidates receive prior to the examination. Additional information can also be found within the syllabus areas of this document on page 21. The National Investigators’ Examinations will be held on 7 March 2017, 6 June 2017, 5 September 2017 and 28 November 2017.

3. Applications To register for the NIE, candidates must complete a registration form for a specific examination date. A copy of the registration form can be obtained from force NIE liaison contact (or equivalent). Candidates must submit an original copy of the registration form. Photocopies will not be accepted.

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The candidate registration deadline is eight weeks prior to the date of the examination. The registration form will require candidates to provide biographical details that will later be used to evaluate the fairness of the examination system. This information is collated for analysis purposes only and is stored within the Candidate Administration for Assessment. The information is not used in any way to determine the examination results. It is candidates’ responsibility to forward their registration forms to their force NIE liaison contact (or equivalent) in advance of the candidate registration deadline. Force NIE liaison contacts, or equivalent will send candidates’ registration forms to the College of Policing on their behalf. Candidates must keep a copy of their registration form and a record of both the date they sent it to their force NIE liaison contact and to whom it was addressed. It is the responsibility of each candidate to ensure, via their force NIE liaison contact, that their completed registration form has been submitted to and received by the College of Policing by the closing date for registration. Late candidate registration forms will not be accepted under any circumstances.

4. Pass/Fail Criteria To progress onto the ICIDP, candidates will be required to demonstrate a standard of performance that indicates that they have a sufficient level of knowledge and understanding of the syllabus.

The pass mark for the NIE is an absolute standard (set pass mark). Those candidates who achieve a score equal to or above the pass mark will be awarded a pass.

Further details in relation to the pass mark and the ‘exceptional’ cut scores will be communicated in the Instructions to Candidates document, which candidates receive prior to the examination.

Details of candidates attaining the ‘exceptional’ cut scores will be notified to their Force Crime Training Manager.

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5. Validity It is anticipated that most students will be able to complete the full ICIDP programme within a 12 month period, i.e. it is recommended that a period of six months (after the classroom phase) will be required for most students to complete Phase 4. Individuals should complete the full ICIDP within a maximum of three years from the date of passing the NIE. See also the College of Policing (2016) Professionalising Investigations Programme: Programme Policy 2016. A pass in the NIE remains valid for three years.

6. Rules Candidates must ensure that they are at the examination room at the designated time of 13.30 hours, and must be seated at their desk in the examination room no later than 13.45 hours. The examination room doors will close at 13.45 hours in readiness for the briefing and distribution of question booklets. The doors to the examination room will close at 13.45 hours and candidates who arrive after 13:45 hours will not be admitted to the examination under any circumstances.

6.1. Any candidate who enters the examination room after being refused

permission to do so will not receive a question booklet and will be reported to their Force Professional Standards Unit (or equivalent).

6.2. There is no provision for appeal against being disallowed entry due

to lateness caused by extenuating circumstances. Candidates should make sufficient provision to arrive at the examination room by 13.30 hours.

6.3. On entering the examination room candidates will be seated

alphabetically by surname. Candidates must occupy the desk assigned to them by the invigilator.

6.4. Candidates must not leave the examination room during the

examination, unless accompanied by an invigilator.

6.5. Candidates must not permanently leave the examination room during the first 30 minutes or the last 30 minutes of the examination.

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6.6. Strict silence must be maintained throughout the examination. Candidates must not communicate with others during the examination.

6.7. If candidates wish to seek the attention of an invigilator they should

do so by raising their hand.

6.8. Candidates must not remove the question booklet (or any part thereof), the answer sheet or the examination notice from the examination room. These items must be left in the examination room upon leaving.

6.9. Candidates must not gain or attempt to gain any unfair advantage

during the examination. Candidates must not obtain or attempt to obtain assistance from another candidate, or introduce into the examination any unauthorised book, manuscript or other material, or use any electronic copying or audio/recording equipment during the examination.

6.10. To avoid any misunderstanding, candidates are required to leave all

books, notes, and other relevant material in a designated area of the examination room before the start of the examination.

6.11. All mobile telephones, alarmed wristwatches and any other

electronic devices must be switched off.

6.12. Candidates may not use iPods, smartwatches or MP3 players during the examination. Any candidate seen to be wearing these devices will be asked to remove them by an invigilator.

6.13. Candidates who are absent from the National Investigators’

Examination will be reported to the force/organisation centre representative on the day of the examination. This is to ensure that absentees are identified to forces/organisations on the day of the examination, thus fulfilling a duty of care to candidates.

6.14. Candidates found to be in breach of the examination rules will be

reported to their Force Crime Training Manager and Professional Standards Unit (or equivalent). Their result may also be nullified by the NIE Board.

Warrant and Identification Cards

Candidates must bring their examination notice and their warrant or identification card to the examination. If the examination stationery bears a different name to the candidate’s warrant or identification card then written proof of the name change must be brought to the attention of the Senior Invigilator before the start of the briefing. Candidates must ensure that their warrant or

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identification card photograph and personal details are correct and legible.

Any candidate who is unable to produce their warrant or identification card, for whatever reason, without written explanation from their Chief Officer or equivalent and without prior notification to the College of Policing, will not have their examination answer sheet marked. If the examination has commenced before the missing warrant or identification card is brought to the attention of the Senior Invigilator, this ruling will still apply.

7. Declaration Notice The decision to take the National Investigators’ Examination is that of the candidate, and all candidates must sign the Declaration Notice before being permitted to take the examination.

Any candidate who declines to sign the declaration for the National Investigators’ Examination will not be eligible to take part.

Candidates should note that prior to the start of the NIE, they will be asked to sign a declaration as follows:

“I confirm that in making the decision to undertake today’s examination I agree to abide by all of the rules of the National Investigators’ Examination; and that I am fit and suitably prepared in relation to my knowledge, understanding and application of the law and procedure contained within the syllabus.”

Any factors apparent to candidates at the time of signing the declaration, cannot be used later to support a challenge to either the fairness of the examination process or the assessment of their performance.

8. Withdrawals Candidates who wish to withdraw from the examination should complete a withdrawal form which is available from their force NIE liaison contact (or equivalent).

There are three types of examination withdrawal:

Type A: Candidates withdrawing seven or more calendar days prior to the examination should complete the withdrawal form and provide the reasons for withdrawal and have this form countersigned by their force Crime Training Manager (or equivalent).

Type B: Candidates withdrawing less than seven calendar days prior to the examination due to sickness or exceptional circumstances should

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provide reasons for withdrawal and have this form countersigned by their force Crime Training Manager (or equivalent).

Type C: Candidates who cannot attend on the day of the examination due to sickness or exceptional circumstances and wish to retrospectively withdraw from the examination should complete the withdrawal form and have the form countersigned by the force Crime Training Manager (or equivalent). Evidence should be submitted in support for the late withdrawal.

It is the responsibility of the candidate to submit their withdrawal form and any supporting evidence to their force NIE liaison contact (or equivalent) in advance of the withdrawal deadline. If withdrawal forms are not received for non-attending candidates within the deadline, there will be no sanction against the candidates in terms of future examination attempts. However, the force/organisation will be charged the full examination fee.

In the case of sickness, candidates must provide evidence from their Force Medical Examiner (or equivalent) that they were unfit to attend the examination. For candidates who are sick on the day of the examination, this information can be provided retrospectively to the College of Policing Selection and Assessment Unit, up to and including seven working days after the examination date.

Annual leave, heavy workload, or a senior manager’s direction to complete a task by a deadline will not be considered as exceptional circumstances for withdrawal purposes.

It is not possible to substitute a withdrawn candidate with another unregistered candidate.

Candidates who withdraw from an examination will not automatically be re-entered into the next examination. A verbal indication that the candidate would like to sit the subsequent examination is not sufficient to ensure registration.

Candidates wishing to sit the NIE at a later date must re-register for the examination using a new registration form.

9. Absence Candidates who are absent from the examination due to sickness or exceptional circumstances and wish to retrospectively withdraw from the examination, should complete the withdrawal form and have the form countersigned by the force Crime Training Manager (or equivalent). Evidence should be submitted in support for the late withdrawal. Withdrawal forms should be submitted to the College of Policing up to and including seven working days after the examination date.

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If withdrawal forms are not received for absent candidates within the deadline, there will be no sanction against the candidates in terms of future examination attempts. However, the force/organisation will be charged the full examination fee.

10. Sickness A candidate who is either medically or self-certificated unfit for work or is on ‘restricted duties’, through illness or injury, must provide a certificate from their Force Medical Examiner1 (FME) (or equivalent), confirming their fitness to attend. Candidates must submit the FME’s certificate of fitness, via their force NIE liaison contact (or equivalent), at the time of registration.

10.1 A candidate who is either medically or self-certificated unfit for work or on ‘restricted duties’, and is not in possession of an FME (or equivalent) certificate of fitness, should not attend the NIE.

10.2 Failure to disclose that they are medically or self-certificated unfit for work or on ‘restricted duties’ through illness or injury, will render candidates ineligible to submit their medical condition as extenuating circumstances.

10.3 Attendance and participation with the approval of the FME (or equivalent) will mean that the medical condition cannot be submitted as extenuating circumstances.

10.4 If a candidate has an illness/injury, which has only become apparent to them on the day of the examination, then they should refer to page 9 of this document, under ‘Declaration Notice’. It will then be their decision as to whether they attempt the examination, or report sick and not attend.

10.5 If a candidate becomes unwell during the examination they should inform one of the invigilation staff at the examination centre.

1 in the Metropolitan Police Service the Occupational Health Medical Officer will provide this facility

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11. Suspension Candidates who are suspended from duty will be required to provide written authority from their force Crime Training Manager (or equivalent) allowing them to attend the NIE.

This written authority must be submitted to the College of Policing at the time of registration. Such candidates will have to be escorted to and from the site by officers/managers from their own force/organisation.

12. Career Breaks There is provision for candidates to take the NIE whilst on a career break, providing that the terms and conditions of the career break agreed by their force Crime Training Manager (or equivalent) allows for this.

It is the responsibility of the force/organisation to inform the College of Policing of any such requests by the candidate registration deadline, together with a letter from the force Crime Training Manager (or equivalent) confirming their approval. Candidates must attend an established examination site within England and Wales.

Candidates must be in possession of their warrant or identification card in order to attend.

13. Overseas Duties There is no provision for candidates to sit the NIE at an overseas venue.

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14. Disabilities Candidates who can demonstrate that they have any form of disability as defined by the Equality Act 2010 may apply for reasonable adjustment. This includes candidates with a Specific Learning Difficulty (SpLD) such as dyslexia. The stages in the process of requesting reasonable adjustments are as follows:

Candidates are advised to notify their force NIE liaison contact (or equivalent) in the first instance of the disability and their intention to request reasonable adjustment. The force NIE liaison contact (or equivalent) should ensure that the candidate obtains a report containing a diagnosis of their disability and recommendations for reasonable adjustment from an appropriate specialist in the area of their disability. The candidate may wish to discuss options with their local force occupational health department (or equivalent) prior to sourcing a specialist. In making their recommendations, the specialist should have a clear understanding of the format of assessment the candidate will be undertaking.

It should be noted that the assessment should have been completed since the candidate reached the age of 16 years. For SpLD reports, the specialist completing the report would normally be a Chartered Occupational Psychologist, a Chartered Educational Psychologist or a specialist teacher with a Practicing Certificate in SpLD Assessment.

Further details on the requirements of reasonable adjustment reports can be found in the Reasonable Adjustments Policy, available on the College of Policing website2. Candidates and force NIE liaison contacts (or equivalent) should refer to this document before obtaining a report.

The report must be submitted to the College of Policing no later than the closing date for reasonable adjustments. Please see below for closing dates.

The College of Policing will then consider the recommendations within the report. Where a candidate has a disability and this is evidenced by their report, a psychologist will confirm what would constitute reasonable adjustment for the specified assessment process. Candidates will be advised in good time, prior to their attendance, of any adjustment which is being offered.

Any adjustments offered will be applicable to the examination applied for, however if a candidate is re-entering the exam and has previously submitted and accepted a reasonable adjustment there is no need to resubmit a report if the candidate is content to receive the same

2 http://www.college.police.uk/What-we-do/Learning/Professional-Training/Investigation/Pages/NI-Examination.aspx

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reasonable adjustment as previously – candidates will still need to notify their intention to request a reasonable adjustment.

The candidate is required to provide written confirmation to the College of Policing of their acceptance of the reasonable adjustment offered prior to undertaking the examination process. The reasonable adjustment will then be arranged and provided during the candidate’s examination.

The closing date for applications for reasonable adjustments is eight weeks prior to the date of the examination. Failure to submit in accordance with this deadline could impact on the ability of the force/college to coordinate the request in time for the examination, and therefore applications for reasonable adjustment received after the notified closing date will not be accepted unless extenuating circumstances can be proved in writing.

Candidates who believe they may be eligible for adjustment in the examination are encouraged to act early to ensure the above requirements and deadlines are met. Obtaining an appropriate specialist report can take some time, and it is the candidate’s responsibility to plan ahead to ensure that the closing date for reasonable adjustment applications is met.

Candidates who require further information about applying for reasonable adjustments (including candidates with impairments that fall outside of the Equality Act 2010 definition of disability such as certain injuries or conditions from which the candidate is expected to recover within 12 months) should consult the Reasonable Adjustments Policy.

Please Note: Paragraph 14 above does not preclude a candidate, whose force/organisation is not aware of the disability and who wishes to maintain confidentiality of it, from approaching the College of Policing directly. Candidates should however be aware that confidential requests for reasonable adjustments may diminish the extent to which reasonable adjustments can be made.

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15. Maternity Leave The NIE Board/College of Policing shall not act or encourage candidates to act contrary to Section 72 of the Employment Rights Act 1996, which specifies that an employee whilst on compulsory maternity leave must not work, or be permitted by her employer to work, during the two-week period from the date of childbirth.

A candidate may, if they so wish, attend the NIE if it falls within a period of maternity leave. It may be possible to provide ‘reasonable facilities’ to assist with a candidate’s attendance at the NIE whilst on maternity leave. Reasonable facilities may include provisions such as candidates requesting to sit in a specific area of the examination hall, rest breaks, requirements to stand up and move during the examination or provisions with regards to individual personal requirements of candidates.

Any application for reasonable facilities should be made no later than eight weeks prior to the date of the examination.

Where a candidate takes maternity leave, maternity support, maternity related sickness, adoption leave or a career break for the purposes of care, the time taken shall not count towards a reduction of the relevant NIE validity period.

16. Paternity Leave A candidate may, if they so wish, attend the NIE if it falls within a period of paternity leave. It may be possible to provide ‘reasonable facilities’ to assist with a candidate’s attendance at the NIE whilst on paternity leave. Reasonable facilities may include provisions regards to individual personal requirements of candidates.

Any application for reasonable facilities should be made no later than eight weeks prior to the date of the examination.

Where a candidate takes paternity leave, paternity support, adoption leave or a career break for the purposes of care, the time taken shall not count towards a reduction of the relevant NIE validity period.

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17. Pregnant Candidates A candidate may, if they so wish, attend the NIE if it falls within a period of pregnancy. It may be possible to provide ‘reasonable facilities’ to assist with a candidate’s attendance at the NIE whilst pregnant, however, any application for reasonable facilities should be made no later than eight weeks prior to the date of the examination. Reasonable facilities may include provisions such as candidates requesting to sit in a specific area of the examination hall, or provisions with regards to individual personal requirements of candidates.

A copy of the most recent pregnancy related force/organisation risk assessment may be submitted to the College of Policing prior to the candidate sitting the NIE, to allow any appropriate provision of ‘reasonable facilities’ to be made for pregnant candidates. Every effort will then be made to ensure that ‘reasonable facilities’ are provided and that any hazards identified within the risk assessment are minimised or reduced by adequate control measures.

Should the minimisation or reduction of any hazards not be achievable then the candidate will be given the option to defer sitting the NIE until the next administration of the examination.

18. Results The NIE Debrief Panel will consider the administration of each NIE following each delivery and prior to the results being issued. The panel comprises the Technical Skills Team Training Manager, a Legal Services Researcher, and a representative from the College of Policing Selection and Assessment Unit.

A Results and Analysis Report is submitted to NIE Debrief Panel members following the examination. The purpose of the report is to communicate the information required to evaluate the administration and marking of the NIE in order that the NIE Debrief Panel are in a position to ratify the results of the examination.

A list of candidates’ results will be distributed to force NIE liaison contacts (or equivalent) 14 days after the examination date.

Individual result notifications, in the form of a candidate feedback report, will be sent to candidates by email, between 14 and 17 days following the examination.

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The candidate feedback report can be used by the organisation and the individual candidate to identify any strengths and developmental needs in the areas which have been examined and assessed. The report includes a summary of candidates’ final grading and total percentage score obtained in the examination. This is also broken down into subject areas, and compares candidates’ performance against their force/organisation and national averages.

The feedback report also acts as proof of the candidate’s result and must be retained by candidates for future reference.

Re-sitting the NIE

Unsuccessful candidates will have an opportunity, subject to force/organisation policy, to re-sit the examination on the next examination date.

Unsuccessful candidates will only be allowed two failures in the NIE.

A second failure means that the student enrolled on the Initial Crime Investigators’ Development Programme (ICIDP) must be removed from the ICIDP and is not allowed to apply again for the programme for a minimum of 18 months.

A second failure for a student not enrolled on the ICIDP means that they are disqualified from entry to the NIE for a period of 18 months, commencing from the date of their second failure.

Candidates who wish to re-take the NIE must complete a registration form. Candidates are not required to complete all of the form again if they are re-taking the examination. More details can be found on the registration form itself.

The candidate registration deadline for re-sit candidates is eight weeks prior to the date of the examination. It is candidates’ responsibility to forward their registration forms to their force NIE liaison contact (or equivalent) in advance of the deadline. Force NIE liaison contacts (or equivalent) will send candidates’ registration forms to the College of Policing on their behalf.

If the candidate registration forms are not received by the closing date candidates will not be eligible to sit the next available examination. Candidates who return their re-sit forms after the closing date will not be registered for the next available examination.

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19. Extenuating Circumstances and Unscheduled Incidents Extenuating Circumstances

Extenuating circumstances are likely to be a serious event or series of events.

Lack of preparation and/or a heavy workload prior to attendance are not considered to be extenuating circumstances.

Sickness through illness and injury cannot be rendered as extenuating circumstances as there is a separate policy for dealing with this.

It will be the decision of the candidate as to whether they sign the ‘declaration notice’ and attempt the NIE or decline to attend.

Please refer to page 9 for the content of the Declaration Notice.

Unscheduled Incidents

Unscheduled incidents such as fire alarm activation are reported as a matter of course to the NIE Debrief Panel. Where there is supporting evidence, candidate performance will be checked pre and post the event.

Unscheduled Incidents Procedure

Extenuating circumstances reports from NIE candidates will not be considered. It is the decision of the candidate as to whether they sign the ‘declaration notice’ and attempt the NIE or decline to attend.

Any candidate who wishes to report any unscheduled incidents that they believe may have adversely affected their performance in the NIE must do so in the form of a written report. It is the responsibility of the candidate to provide all of the supporting evidence at the time of writing.

The report must be countersigned by the candidate’s line manager or above. The countersigned report must then be submitted by the candidate, and received by the College of Policing, within seven days of their scheduled attendance date.

This will be the only opportunity for candidates to submit reports. Reports which are not countersigned or are not received within the specified time scale will not be forwarded to the NIE Reports & Disqualifications Panel.

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Reports sent to the College of Policing after results are notified will not be considered.

A copy of the endorsed report should also be sent to the candidate’s force NIE liaison contact (or equivalent). This is the responsibility of the candidate. The College of Policing will acknowledge registered reports, to candidates, via the force NIE liaison contact (or equivalent).

Reports from NIE candidates who are successful will not be considered further. Only unsuccessful candidates will have their reports considered.

The NIE Reports & Disqualifications Panel cannot change a fail result into a pass. However, candidates whose reports are upheld may be granted an additional attempt at the NIE where policy (e.g. the number of re-takes) would have otherwise prevented this from being an option.

20. Disqualification Procedure Any candidate found to be in breach of the rules will be liable to disqualification.

If a candidate’s behaviour reduces the reliability of their examination scores, their result may be nullified by the marker notwithstanding any disqualification decision.

National Investigators’ Examination disqualification issues will be referred to the NIE Reports and Disqualifications Panel.

21. NIE Reports & Disqualifications Panel A NIE Reports and Disqualification Panel, comprising the Technical Skills Superintendent and Delivery Manager, a representative from the College of Policing Career Pathways and CPD and a representative from the College of Policing Selection and Assessment Unit, together with a Legal Services Researcher as an observer will formally consider the reports based on extenuating circumstances and unscheduled incidents and reported cases of irregularity or breaches of the rules. The NIE Reports and Disqualifications Panel members are different from those who attend the NIE Debrief Panel.

The NIE Reports and Disqualification Panel will consider any reports after the results have been notified. Once a decision has been reached, the

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College of Policing on behalf of the Chair of the Panel will notify the candidate within seven days.

The Panel cannot change a fail result into a pass. Once the scoring has taken place and has been signed off by the marking team the results will stand. Any adjustments made to the scoring will render the results invalid and the marking team will not endorse an adjusted result.

Unsuccessful candidates who have previously submitted reports have claimed that an event or series of events has contributed to their result because they were unable to perform to their best. However, in behavioural terms it is not possible to make assumptions about what candidates would and would not have done had those circumstances not arisen. Different circumstances have different effects on people and it is not appropriate to attempt to predict what that effect may or may not have been.

Other examining bodies such as universities are usually willing to consider both ‘marginal fail’ results and the possibility of converting such results to a pass. However, they have the benefit of other evidence (course work and portfolios) to consider that may support a conversion to a pass for a candidate that has achieved a lower than expected result. Due to other evidence not being available it is not possible to reconsider the marks awarded at the National Investigators’ Examinations against any other information, therefore ‘marginal fail’ results will not be reassessed or awarded a pass mark. Rigorous marking procedures are used following the examinations.

In cases of irregularity and misbehaviour the Panel can:

fail the candidate

disqualify the candidate from the current attempt and bar them from further attempts for a period of several years

refer the candidate to their Chief Officer.

Right of Appeal

Candidates have the right of appeal to the Chair of the NIE Board, against the decision of the NIE Reports and Disqualification Panel, where there are reasonable grounds for believing that:

the Panel did not act in compliance with its rules; or

there is fresh evidence, not available at the time of the original report, for further consideration.

Appeals must be made in writing to the Chair of the NIE Board, care of the College of Policing at the address on Page 4. Appeals must be countersigned by the candidate’s line manager or above. The countersigned appeal must then be submitted by the candidate, and received by the College of Policing, within 21 days of the date of the letter in which the candidate is notified of the decision of the NIE Reports and Disqualification Panel.

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The College of Policing will forward the appeal to the Chair of the NIE Board. The Chair of the NIE Board will consider whether there are adequate grounds for appeal and will notify the College of Policing. The candidate and relevant force NIE liaison contact (or equivalent) will be advised by the College of Policing in writing of the Chair of the NIE Board’s decision within 10 working days. The Chair of the NIE Board cannot convert a fail into a pass but can vary or confirm the decision of the NIE Reports and Disqualification Panel.

22. Syllabus

Notes

The National Investigators’ Examination consists of a single, 80 multiple choice question paper of two hours duration.

Questions will test candidates’ knowledge and understanding of four areas. The four areas are General Principles, Police Powers and Procedures; Serious Crime and Other Offences; Property Offences and Sexual Offences.

The NIE syllabus is captured through the prescribed College of Policing preparation materials supporting the Initial Crime Investigators’ Development Programme (ICIDP).

The preparation materials recommended by the College of Policing for the NIE are the 2017 Blackstone’s Police Investigators’ Manual and the 2017 Blackstone’s Police Investigators’ Workbook. The Blackstone’s Police Investigators’ Workbook has been designed as a gateway to the more detailed content contained within the manual. However, all questions contained within the NIE are referenced from the manual rather than the workbook.

The Blackstone’s Police Investigators’ Q&A and the Blackstone’s Police Investigators’ Mock Examination Paper contain study questions which have been developed outside of the College of Policing. Therefore whilst these materials are available as study aids they cannot be presumed to be representative of the style or difficulty level of questions contained within the NIE.

The syllabus content being examined is cross-referenced to, and only contained within, the 2017 edition of the Blackstone’s Police Investigators’ Manual. This text is the only official resource endorsed by the College of Policing and contains the required legal knowledge for trainee investigators. Examination questions are drawn solely from the contents of this manual. Candidates will be examined on the law and procedure only as it appears in the latest edition of the manual. Candidates are advised not to rely on previous editions which will contain out of date

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material. The College of Policing strongly recommends that all candidates use the latest edition of the manual.

Syllabus Updates

Any changes to legislation or common law (i.e. decided cases) following publication of the latest edition will not be included in the examination paper for that year, unless suitable prior notification is given.

Should a piece of legislation change after the publication of the text, syllabus updates will only be made in exceptional circumstances, and will not be made for every change to legislation included within the syllabus. In such circumstances, an update or supplement to the syllabus document would be made available through the NIE pages of the College of Policing website and would be distributed to all force NIE liaison contacts (or equivalent) well in advance of the examination date. For further guidance on this issue, candidates should regularly check the College of Policing website, or consult their force NIE liaison contact (or equivalent) during their preparation period. Candidates should not contact the College of Policing directly with queries.

Examination Development

All multiple choice questions contained within the examination paper are written by trained question writers who have attended the College of Policing Multiple Choice Question Writing course.

All new questions are linked into the specific syllabus to ensure that all of the examination questions are relevant to the role of a trainee investigator progressing to the next stage of the ICIDP.

The questions are quality assured by the College of Policing’s Legal Services Unit, and independent legal experts, who check the legal accuracy of all of the questions. All questions go through this quality assurance process to ensure that the examination is legally accurate and up to date.

The questions are also reviewed by a College of Policing Legal Services Researcher, to ensure that there are no elements of the examination which may unlawfully discriminate against any candidates on grounds of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, sexual orientation, and pregnancy and maternity.

The NIE design process will help to ensure that those candidates who have made sufficient preparation will be identified as being suitable for progression to subsequent stages of the ICIDP.

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Validation Questions

Each question paper will contain 10 questions that are being validated, meaning that candidates will be scored on 70 questions.

The use of validation questions within examinations is accepted as good practice among major testing organisations. Validation questions are included in the examination for trial purposes only.

The questions do not contribute to the candidate’s final score, and candidates are not informed of the location of the validation questions within the paper.

However, to ensure the questions are a fair test of the syllabus, the questions are validated before being used as an actual examination question. All of the examination questions are evaluated against standard criteria which are used to show whether questions are of an acceptable standard. Only questions that meet the necessary psychometric criteria are included in future exams because only these questions have been shown to be a reliable and fair test of the syllabus.

Validation questions are included within the examination so that candidates answer them in the same way that they would answer the live questions, therefore providing more realistic statistics by which to decide whether or not the questions can be used in future examinations. This does not mean that all questions covering new areas of the syllabus are validation questions. Questions may have been validated in another way and candidates are advised to treat all questions equally.

By continuing this cycle of pre-testing within the examinations, the College of Policing Selection and Assessment can continue to provide examinations which test a representative range of the syllabus, whilst also ensuring that all of the questions that are included in the scored examination will be rewarding those candidates who have prepared sufficiently for the test.

Further Guidance

Further guidance and information about the NIE can be found on the NIE pages of the College of Policing website (http://www.college.police.uk/What-we-do/Learning/Professional-Training/Investigation/Pages/NI-Examination.aspx).

Any queries about the examination should be directed to force NIE liaison contacts (or equivalent) and not to the College of Policing directly.

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Syllabus

Blackstone’s Police Investigators’ Manual 2017

Part I – General Principles, Police Powers and Procedures

Mens Rea (State of Mind) Chapter 1.1

Introduction 1.1.1

Offences of Specific and Basic Intent 1.1.2

Intent 1.1.3

Recklessness 1.1.4

Malice 1.1.6

Wilfully 1.1.6

Dishonestly 1.1.7

Knowing 1.1.8

Belief 1.1.9

Negligence 1.1.10

Strict Liability 1.1.11

Transferred Mens Rea 1.1.12

Actus Reus (Criminal Conduct) Chapter 1.2

Introduction 1.2.1

Voluntary Act 1.2.2

Coincidence with Mens Rea 1.2.3

Omissions 1.2.4

Causal Link or Chain of Causation 1.2.5

Intervening Act 1.2.6

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Principals and Accessories 1.2.7

Corporate Liability 1.2.8

Vicarious Liability 1.2.9

Incomplete Offences Chapter 1.3

Introduction 1.3.1

Encouraging or Assisting Crime 1.3.2

Conspiracy 1.3.3

Attempts 1.3.4

Impossibility 1.3.5

General Defences Chapter 1.4

Introduction 1.4.1

Automatism 1.4.2

Intoxication: Voluntary or Involuntary 1.4.3

Insanity 1.4.4

Inadvertence and Mistake 1.4.5

Duress 1.4.6

Duress of Circumstances 1.4.7

Defence of Self, Others and Property 1.4.8

Police Officers 1.4.9

Infancy 1.4.10

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Issues in Evidence Chapter 1.6

Introduction 1.6.1

Weight and Admissibility of Evidence 1.6.2

Facts in Issue 1.6.3

Burden of Proof 1.6.4

Entry, Search and Seizure Chapter 1.6

PACE Code of Practice for Searches of Premises by Police Officers and the Seizure of Property found by Police Officers on Persons or Premises (Code B)

Introduction to Code B 1.6.1

PACE Code of Practice for Searches of Premises by Police Officers and the Seizure of Property found by Police Officers on Persons or Premises (Code B)

Introduction 1.6.2

General 1.6.3

Search Warrants and Production Orders 1.6.4

Entry Without Warrant - Particular Powers 1.6.5

Search with Consent 1.6.6

Searching Premises - General Considerations 1.6.7

Seizure and Retention of Property 1.6.8

Action after Searches 1.6.9

Search Registers 1.6.10

Searches under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011

1.6.11

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Detention and Treatment of Persons by Police Officers

Chapter 1.7

PACE Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)

Introduction 1.7.1

Custody Officers 1.7.2

Designated Support Staff 1.7.3

Designated Police Stations 1.7.4

PACE Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)

General 1.7.5

Custody Records 1.7.6

Initial Action 1.7.7

Detainee’s Property 1.7.8

Right not to be Held Incommunicado 1.7.9

Right to Legal Advice 1.7.10

Citizens of Independent Commonwealth Countries or Foreign Nationals

1.7.11

Conditions of Detention 1.7.12

Care and Treatment of Detained Persons 1.7.13

Interpreters 1.7.14

Questioning - Special Restrictions 1.7.15

Reviews and Extensions of Detention 1.7.16

Charging Detained Persons 1.7.17

Testing Persons for the Presence of Specified Class A drugs

1.7.18

Annex A - Intimate and Strip Searches 1.7.19

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Annex B - Delay in Notifying Arrest or Allowing Access to Legal Advice

1.7.20

Annex E - Summary of Provisions Relating to Mentally Disordered and Otherwise Mentally Vulnerable People

1.7.21

Annex F - No longer in use, see Code C, section 7 1.7.22

Annex G - Fitness to be Interviewed 1.7.23

Annex H - Detained Person: Observation List 1.7.24

Annex K - X Rays and Ultrasound Scans 1.7.25

Annex L – Establishing Gender of Persons for the Purpose of Searching

1.7.26

Annex M – Documents and Records to be Translated 1.7.27

Identification Chapter 1.8

PACE Code of Practice for Identification of Persons by Police Officers (Code D)

Introduction to Code D 1.8.1

PACE Code of Practice for Identification of Persons by Police Officers (Code D)

Introduction 1.8.2

General 1.8.3

Identification by Witnesses 1.8.4

Identification by Fingerprints and Footwear Impressions 1.8.5

Examinations to Establish Identity and the Taking of Photographs

1.8.6

Identification by Body Samples and Impressions 1.8.7

Annex A - Video Identification 1.8.8

Annex B - Identification Parades 1.8.9

Annex C - Group Identification 1.8.10

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Annex D - Confrontation by a Witness 1.8.11

Annex E - Showing Photographs 1.8.12

Annex F - Fingerprints, Footwear Impressions and Samples - Destruction and Speculative Searches

1.8.13

Annex G - Requirement for a Person to Attend a Police Station for Fingerprints and Samples

1.8.14

Interviews Chapter 1.9

PACE Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)

PACE Code of Practice on Audio Recording Interviews with Suspects (Code E)

PACE Code of Practice on Visual Recording with Sound of Interviews with Suspects (Code F)

Introduction 1.9.1

PACE Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C)

Cautions 1.9.2

Interviews – General 1.9.3

Interviews in Police Stations 1.9.4

Annex C - Restriction on Drawing Adverse Inferences from Silence and Terms of the Caution when the Restriction Applies

1.9.5

Annex D - Written Statements under Caution 1.9.6

PACE Code of Practice on Audio Recording Interviews with Suspects (Code E)

General 1.9.7

Recording and Sealing Master Recordings 1.9.8

Interviews to be Audio Recorded 1.9.9

The Interview 1.9.10

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After the Interview 1.9.11

Master Recording Scrutiny 1.9.12

Recording of Interviews by Secure Digital Network 1.9.13

Annex: Paragraph 3.1(a) (iii) – Exemption from the Requirement to Audio Record Interviews for Indictable Offences – Conditions

1.9.14

PACE Code of Practice on Visual Recording with Sound of Interviews with Suspects (Code F)

General 1.9.15

Recording and Sealing of Master Recordings 1.9.16

Interviews to be Visually Recorded 1.9.17

The Interview 1.9.18

After the Interview 1.9.19

Master Recording Security 1.7.20

Visual Recording of Interviews by Secure Digital Network 1.7.21

Interviews on Behalf of Scottish Forces and vice versa 1.7.22

Bail

Chapter 1.10

Introduction 1.10.1

Police Bail 1.10.2

Pre-charge Bail 1.10.3

Bail After Charge 1.10.4

Bail Restrictions 1.10.5

Grounds for Refusing Bail 1.10.6

Bail Consideration by the Custody Officer 1.10.7

Detention of Juveniles After Charge 1.10.8

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Live Link Bail 1.10.9

Failure to Comply with Police Bail 1.10.10

Failure to Appear at Court 1.10.11

Offence of Absconding 1.10.12

Remands in Police Custody 1.10.13

Disclosure of Evidence Chapter 1.11

Criminal Procedure and Investigations Act 1996 and Code of Practice

Introduction 1.11.1

Failure to Comply 1.11.2

Disclosing the Prosecution Case - Advanced Information 1.11.3

Disclosure Code of Practice – 1 Introduction 1.11.4

Disclosure Code of Practice – 2 Definitions 1.11.5

Disclosure Code of Practice – 3 General Responsibilities 1.11.6

Disclosure Code of Practice – 4 Recording of Information 1.11.7

Disclosure Code of Practice – 5 Retention of Material 1.11.8

Disclosure Code of Practice – 6 Preparation of Material for Prosecutor

1.11.9

Disclosure Code of Practice – 7 Revelation of Material to Prosecutor

1.11.10

Disclosure Code of Practice – 8 Subsequent Action by Disclosure Officer

1.11.11

Disclosure Code of Practice – 9 Certification by Disclosure Officer

1.11.12

Disclosure Code of Practice – 10 Disclosure of Material to Accused

1.11.13

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Protection of People Suffering from Mental Disorders

Chapter 1.12

Introduction 1.12.1

Mentally Disordered People Found in Public Places 1.12.2

Warrant to Search for Patients 1.12.3

Power to Retake Escaped Patients 1.12.4

Ambit of the Mental Health Act 1983 1.12.5

The Mental Capacity Act 2005 1.12.6

The Regulation of Investigatory Powers Act 2000

Chapter 1.13

Introduction 1.13.1

Surveillance and Covert Human Intelligence Sources 1.13.2

Covert Human Intelligence Sources (CHIS): Definition 1.13.3

Covert Surveillance 1.13.4

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Part II – Serious Crime and Other Offences

Homicide Chapter 2.1

Introduction 2.1.1

Murder 2.1.2

Voluntary Manslaughter and ‘Special Defences’ 2.1.3

Involuntary Manslaughter 2.1.4

Corporate Manslaughter and Corporate Homicide Act 2007 2.1.5

Causing or Allowing a Child or Vulnerable Adult to Die or Suffer Serious Physical Harm

2.1.6

Misuse of Drugs Chapter 2.2

Introduction 2.2.1

Classification 2.2.2

Possession 2.2.3

Supplying 2.2.4

Possession with Intent to Supply 2.2.5

Supply of Articles 2.2.6

Production of a Controlled Drug 2.2.7

Cultivation of Cannabis 2.2.8

General Defence under Section 28 2.2.9

Regulated Possession and Supply of Controlled Drugs 2.2.10

Occupiers, etc. 2.2.11

Community Protection Notices 2.2.12

Assisting or Inducing Offence Outside United Kingdom 2.2.13

Incitement 2.2.14

34

Importation of Controlled Drugs 2.2.15

Travel Restriction Orders 2.2.16

Police Powers 2.2.17

Intoxicating Substances 2.2.18

Firearms and Gun Crime Chapter 2.3

Introduction 2.3.1

Definitions – Firearm, Ammunition and Imitation Firearm 2.3.2

Categories of Firearms and Related Offences 2.3.3

Prohibited Weapon 2.3.4

Section 1 Firearm 2.3.5

Shotguns 2.3.6

Air Weapons 2.3.7

General Exemptions 2.3.8

Imitation Firearm Offences 2.3.9

Criminal Use of Firearms 2.3.10

Further Firearms Offences 2.3.11

Police Powers 2.3.12

Possession or Acquisition of Firearms by Convicted Persons

2.3.13

Other Restrictions on Possession or Acquisition 2.3.14

Terrorism and Associated Offences Chapter 2.4

Introduction 2.4.1

Terrorism Defined 2.4.2

35

Terrorism Act 2000: Financial Measures 2.4.3

Terrorism Act 2000: Duty of Disclosure and Tipping Off 2.4.4

Terrorism Act 2000: Other Offences 2.4.5

Terrorism Act 2006: Offences 2.4.6

Terrorism Act 2000: Police Powers 2.4.7

Terrorism Prevention and Investigation Measures 2.4.8

Offences Involving Explosive Substance 2.4.9

Offences Relating to Gunpowder 2.4.10

Animal Experiments and Vivisection 2.4.11

Cybercrime Chapter 2.5

Introduction 2.5.1

Offences under the Computer Misuse Act 1990 2.5.2

The Data Protection Act 1998 2.5.3

Malicious Communications 2.5.4

Mutual Legal Assistance Treaties (MLATs) 2.5.5

Racially and Religiously Aggravated Offences

Chapter 2.6

Introduction 2.6.1

The Offences 2.6.2

‘Racially or Religiously Aggravated’ 2.6.3

Timing of the Hostility 2.6.4

Demonstration of the Hostility 2.6.5

Hostility 2.6.6

Victim 2.6.7

36

Motivation by Hostility 2.6.8

Racial Groups 2.6.9

Religious Groups 2.6.10

Membership 2.6.11

Other Factors 2.6.12

Non-Fatal Offences against the Person Chapter 2.7

Introduction 2.7.1

Assault 2.7.2

Battery 2.7.3

Assault or Battery? 2.7.4

Consent 2.7.5

Legitimate Consent to Risk of Injury 2.7.6

Consent to Sadomasochistic Injuries 2.7.7

Lawful Chastisement 2.7.8

Assault Offences 2.7.9

Common Assault and Battery 2.7.10

Assault Occasioning Actual Bodily Harm 2.7.11

Wounding or Inflicting Grievous Bodily Harm 2.7.12

Wounding or Causing Grievous Bodily Harm with Intent 2.7.13

Assaults on Police 2.7.14

Threats to Kill 2.7.15

Hatred and Harassment Offences Chapter 2.8

Introduction 2.8.1

37

Offences Involving Racial, Religious or Sexual Orientation Hatred

2.8.2

Harassment and Stalking 2.8.3

The Harassment and Stalking 2.8.4

Putting People in fear of Violence 2.8.5

The Stalking Offences 2.8.6

Police Direction to Prevent Intimidation or Harassment 2.8.7

Public Order Act 1986 Offences Chapter 2.9

Violence 2.9.1

Drunkenness 2.9.2

Violent Disorder 2.9.3

Affray 2.9.4

Child Abduction Chapter 2.10

Introduction 2.10.1

Child Abduction 2.10.2

Child Cruelty 2.10.3

Police Protection 2.10.4

Offences Involving the Deprivation of Liberty

Chapter 2.11

False Imprisonment 2.11.1

Kidnapping 2.11.2

Slavery, Servitude and Forced or Compulsory Labour 2.11.3

38

Offence of Slavery, Servitude and Forced or Compulsory Labour

2.11.4

Offence of Human Trafficking 2.11.5

Forfeiture and Detention of Land Vehicle, Ship or Aircraft 2.11.6

Prevention Orders 2.11.7

Slavery and Trafficking Risk Orders 2.11.8

Offences 2.11.9

Offences Against the Administration of Justice and Public Interest

Chapter 2.12

Introduction 2.12.1

Perjury 2.12.2

Perverting the Course of Justice 2.12.3

Considerations Affecting Witnesses, Jurors and others 2.12.4

Harming Witnesses 2.12.5

Assisting Offenders 2.12.6

Concealing Relevant Offences 2.12.7

Miscellaneous Offences Relating to Offenders 2.12.8

39

Part III – Property Offences

Theft Chapter 3.1

Theft 3.1.1

Low-Value Shoplifting 3.1.2

Dishonestly 3.1.3

Dishonesty: The Ruling in Ghosh 3.1.4

Appropriates 3.1.5

Property 3.1.6

What is not Property? 3.1.7

Belonging to Another 3.1.8

Obligations Regarding Another’s Property 3.1.9

Obligation to Restore Another’s Property 3.1.10

Intention of Permanently Depriving 3.1.11

Robbery Chapter 3.2

Robbery 3.2.1

Blackmail Chapter 3.3

Blackmail 3.3.1

Meaning of Gain and Loss 3.3.2

Criminal Conduct 3.3.3

Unwarranted? 3.3.4

40

Burglary Chapter 3.4

Section 9(1)(a) 3.4.1

Building 3.4.2

Intentions at the Time of Entry 3.4.3

Conditional Intent 3.4.4

Section 9(1)(b) 3.4.5

Aggravated Burglary Chapter 3.5

Aggravated Burglary 3.5.1

Firearm/Weapon of Offence/Explosive 3.5.2

Taking a Conveyance with Consent Chapter 3.6

Consent of the Owner 3.6.1

Lawful Authority 3.6.2

Takes 3.6.3

Conveyance 3.6.4

For His Own or Another’s Use 3.6.5

Allow to be Carried 3.6.6

Defences 3.6.7

Aggravated Vehicle-Taking 3.6.8

41

Handling Stolen Goods Chapter 3.7

Handling Stolen Goods 3.7.1

‘Goods’ and ‘Stolen Goods’ 3.7.2

Section 24 Explained 3.7.3

Proof That Goods Were Stolen 3.7.4

Handling 3.7.5

Receiving 3.7.6

Assisting/Acting for Another’s Benefit 3.7.7

Power to Search for Stolen Goods 3.7.8

Guilty Knowledge in Cases of Handling and Theft 3.7.9

Fraud Chapter 3.8

Introduction 3.8.1

Fraud 3.8.2

Gain and Loss 3.8.3

Fraud by False Representation 3.8.4

Fraud by Failing to Disclose 3.8.5

Fraud by Abuse of Position 3.8.6

Possession or Control of Articles for Use in Frauds 3.8.7

Making or Supplying Articles for Use in Frauds 3.8.8

Obtaining Services Dishonestly 3.8.9

False Accounting 3.8.10

Forgery Offences 3.8.11

42

Proceeds of Crime Chapter 3.9

Proceeds of Crime Act 2002 3.9.1

Criminal Conduct 3.9.2

Criminal Property 3.9.3

Concealing Criminal Property 3.9.4

Arrangements in Relation to Criminal Property 3.9.5

Acquisition, Use and Possession of Criminal Property 3.9.6

Criminal Damage Chapter 3.10

Introduction 3.10.1

Simple Damage 3.10.2

Aggravated Damage 3.10.3

Arson 3.10.4

Threats to Destroy or Damage Property 3.10.5

Having Articles with Intent to Destroy or Damage Property 3.10.6

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Part IV – Sexual Offences

Sexual Offences Chapter 4.1

Introduction 4.1.1

Human Rights Considerations 4.1.2

Anonymity 4.1.3

Rape Chapter 4.2

Rape 4.2.1

Criminal Conduct 4.2.2

Consent 4.2.3

Conditional Consent 4.2.4

Section 75 – Evidential Presumptions and Consent 4.2.5

Conclusive Presumptions about Consent 4.2.6

Sexual Assault Chapter 4.3

Assault by Penetration 4.3.1

The Definition of the Term ‘Sexual’ 4.3.2

Sexual Assault by Touching 4.3.3

The Definition of the Term ‘Touching’ 4.3.4

Causing Sexual Activity without Consent 4.3.5

Sexual Offences Against Children Chapter 4.4

Introduction 4.4.1

Sexual Activity with a Child 4.4.2

44

Sexual Activity in Presence of a Child 4.4.3

Causing a Child to Watch a Sex Act 4.4.4

Arranging Intended Child Sex Offences 4.4.5

Abuse of Position of Trust 4.4.6

Sex Offences with Family Members 4.4.7

Other Offences with Family Members 4.4.8

Sexual Exploitation of Children 4.4.9

Offences Involving Images, Photographs and Paedophile Material

4.4.10

Sexual Offences Against People with a Mental Disorder

Chapter 4.5

Introduction 4.5.1

Definition of a ‘Mental Disorder’ 4.5.2

Sexual Activity with Mentally Disordered Person 4.5.3

Sexual Activity in Presence of Mentally Disordered Person 4.5.4

Causing Person with Mental Disorder to Watch Sexual Act 4.5.5

Offences Relating to Prostitution Chapter 4.6

Introduction 4.6.1

Definition of a Prostitute 4.6.2

Offence of Causing, Inciting or Controlling Prostitution 4.6.3

Paying for Sexual Services of a Prostitute Subjected to Force

4.6.4

Brothels 4.6.5

Soliciting 4.6.6

45

Preparatory Offences Chapter 4.7

Administering Substance with Intent 4.7.1

Committing Criminal Offence with Intent to Commit a Sexual Offence

4.7.2

Trespass with Intent to Commit Sexual Offence 4.7.3