A digest of police law, operational policing practice and criminal justice,

produced by the Legal Services Department at the College of Policing

November 2017

Digest

PEEL 2017

Report

review

COP News

New Chair

announced

RIPA Codes

Consultation

launched

Criminal Justice Quarterly Statistics published

European Union (Withdrawal) Bill Latest progress

Courts and Tribunals Service centres launched

OFFICIALDigest September 2017

© College of Policing (2017)

OFFICIAL

© College of Policing Limited 2017

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The Digest is a primarily legal environmental scanning publication intended to capture and consolidate topical and key issues, both current and future, impacting on all areas of policing.

During the production of the Digest, information is included from governmental bodies, criminal justice organisations and research bodies. As such, the Digest should prove an invaluable guide to those responsible for strategic decision making, operational planning and police training.

The College of Policing is also responsible for Authorised Professional Practice (APP). APP is the official and most up-to-date source of policing practice and covers a range of policing activities such as: police use of firearms, treatment of people in custody, investigation of child abuse and management of intelligence. APP is available online at www.app.college.police.uk

Any enquiries regarding this publication or to request copies in accessible formats please contact us at digest@college.pnn.police.uk

OFFICIAL © College of Policing (2017)

Digest November 2017

1

Contents

College News

New College Chair announced 3

The College of Policing Conference 3

The Future of the Digest 3

Digest competition 3

Legislation

Bills before Parliament

European (Withdrawal) Bill 4

Data Protection Bill 4

Assaults on Emergency Workers 4

(Offences) Bill

Statutory Instruments 5-6

New legislation 6

Case Law

Harris, R v (Rev 3) [2017] EWCA Crim 1849

7

Lewis & Anor, R v [2017] EWCA Crim 1734

8

Chapman & Ors, R v (Rev 1) [2017] EWCA

Crim 1743 10

RJ, R v [2017] EWCA Crim 1943 11

P v Commissioner of Police of the

Metropolis [2017] UKSC 65 12

Policing Practice

Crime

Terrorism Safety Video made available

to schools 6

Football related arrests and banning order

statistics released 6

NCA Publishes County Line update 6

Police

Consultation on RIPA Codes 7

Independent Review into serious incidents

and deaths in custody 8

Report published on police response to

domestic abuse 8

New laws to change Police Federation

9

Training and Development

PEEL Police Efficiency Report 2017 9

Multi-Agency Public Protection

Arrangements 10

Changes to designated powers coming

into force 10

Changes to offence classification index

11

Criminal Justice System

Criminal Justice Quarterly statistics

published

17

Latest Prevent statistics published 18

Youth custody data published 18

Courts and Tribunals Service centres

launched 18

Liberty criticism of post-Brexit trade bill

19

Consultation opens on sentencing

guidelines for terrorism offences

19

OFFICIAL © College of Policing (2017)

Digest November 2017

2

Introduction

College Membership

If you’re not already a member, join the College of Policing community to access learning

resources, knowledge and expertise from College experts and collaborate and share your

experiences with other professionals.

For further information go here

For subscription requests, further information or to send us ideas on what you’d like to see

in upcoming editions, please contact us:

DigestRegistration@college.pnn.police.uk

Digest@college.pnn.police.uk

Thank you for accessing the November edition of the Digest produced by the Legal Services

team at the College of Policing. This month’s edition features articles on county lines,

upcoming changes to the law in relation to designated powers and a summary of the PEEL

report.

Thank you to all of those who came to see us at our stand at the College conference and for

sparing time to share your ideas; the contribution of our readers is invaluable. For those of

you who couldn’t join us that day, a survey will be released soon to help us shape the content

of future publications, go to page 3 for more information.

Thanks for reading,

The Legal Services team

OFFICIAL © College of Policing (2017)

Digest November 2017

3

College News

New College Chair Announced

Millie Banerjee CBE was appointed as the

new College of Policing Chair by the

Home Secretary on 15 November 2017.

Ms. Banerjee has acted as the College’s

interim chair since last November and

brings a wealth of experience from the

public and private sector. Ms. Banerjee

says:

"I have spent many years in policing and it

has been a privilege to witness the

dedication and compassion of officers and

staff to protect the public. This is evident

when I see that public approval for police

has remained high despite officers and

staff being faced with ever more complex

crime, a reduced workforce and greater

demand…We are dedicated to providing

access to the best knowledge and skills

which sits behind the bravery, dedication

and compassion shown by police on a

daily basis. We have ambitious plans

ahead and I intend on working with

people across policing to continue

building a professional body that supports

all officers and staff."

The full article can be accessed here

The College of Policing Conference 2017

The Digest team were pleased to have met

some of our readers at the annual College

of Policing Conference. This year’s focus

was ‘Everyday Innovation: from Ideas to

Action’, casting a spotlight on progressive

policing practice, innovation and creativity.

Speakers included Dave Spencer (CEO of

Police Now, Cheshire Constabulary), Carl

Miller (Director of the Centre for Analysis

of Social Media at Demos) and MP Nick

Hurd. Our workshops offered discussion

and thoughtful debate on a wide range of

topics including Workforce Health and

Wellbeing as well as interactive

opportunities, for example, through our

Developing Skills through Gaming

sessions. If you attended, we hope that the

conference was informative and inspiring

and gave you an opportunity to meet and

collaborate with colleagues, academics

and others in the criminal justice sector.

The Digest will feature details of next

year’s conference when these are

confirmed; if you did not attend, we hope

to see you next year.

OFFICIAL © College of Policing (2017)

Digest November 2017

4

The Future of the Digest

Help us shape the Digest into something that works for you

The Legal Services team are committed to producing a Digest that is useful to its readership

and would like our publication to reflect your needs and preferences. As you can see, this

month’s Digest features a different format to previous editions, done in response to reader

feedback at the College of Policing conference. Let us know what you think about it so we

know if we’re on the right track.

Are there any recommendations you would like to make about our style or format?

Are there any topics or issues you would like us to include in upcoming editions?

How often would you like us to produce legal updates? And how would you like to receive

them?

Please get involved! Email your ideas to digest@college.pnn.police.uk. We hope to send out

a reader survey with an upcoming edition: take part and have your say.

Thank you

The Legal Services team

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As part of the Digest redesign, we would like to give our publication a

new name and want to reach out to our readers for their ideas. As a

prize and thank you to the contributor of the best idea, we will be

offering a set of the Blackstone’s manual (Volume 1-4) 2018 and/or a

feature article in the Digest. Email digest@college.pnn.police.uk to be in

with a chance to win!

OFFICIAL © College of Policing (2017)

Digest November 2017

5

Legislation

Bills before Parliament

European (Withdrawal) Bill

The European (Withdrawal) Bill, which will

repeal the European Communities Act

1972 and set down the framework in

which to facilitate the withdrawal of the

UK from the European Union, is now at

committee stage in the House of

Commons.

Progress

Ministers of parliament considered the Bill

on 21 November 2017 and the

deliberations at this stage will conclude on

20 December 2017.

For further information go to

parliament.uk

Data Protection Bill

The Data Protection Bill was subject to a

line by line examination at committee

stage on 22 November 2017. The Bill will

cover areas such as the regulation and

processing of information relating to

individuals, the functions of the

Information Commissioner, a direct

marketing code of conduct and for other

connected purposes.

Progress

The report stage is due to take place on 11

December 2017 which will involve further

line by line examination of the Bill.

For further information go to

parliament.uk

Assaults on Emergency Workers

(Offences) Bill

This is a private member’s bill and whilst

coverage of these bills is not typically

included in the Digest, an exception has

been made due to its relevance to our

readers. The Bill makes provision for

offences committed against emergency

workers in the course of their duty, making

certain offences aggravated and to require

persons suspected of certain assaults to

provide intimate samples. The Bill was

amended in a Public Bill Committee on 15

November 2017.

Progress

The Bill proceeds to Report Stage on 27

April 2018.

For further information go to

parliament.uk

Statutory Instruments

SI 1086/2017 The Traffic Signs

(Amendment) (England and Wales)

Regulations and General Directions

2017

The instrument corrects errors and

improves clarity on certain provisions in

the Traffic Signs Regulations and General

Directions 2016. All changes will be made

by 13 December 2017.

Further information can be found at

legislation.gov.uk

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Digest November 2017

6

SI 1114/2017 The Misuse of Drugs Act

1971 (Amendment) (No. 2) Order 2017

This instrument relates to the control of

Methiopropamine (MPA), a synthetic drug

which is similar in structure to

amphetamines and is often marketed as a

‘legal alternative’ to cocaine. MPA will be

classified as a Class B drug; it had

previously been under temporary control

and this instrument will come into force

on expiration of the temporary class drug

order. Research indicates 46 reported

deaths between 2012 and 2017 as a result

of MPA taken in combination with other

substances, typically new psychoactive

substances.

The instrument will be effective as of 27

November 2017.

Further information can be found at

legislation.gov.uk

SI 1139/2017 The Policing and Crime

Act 2017 (Commencement No. 5 and

Transitional Provisions) Regulations

2017

The regulations bring into force specified

provisions in the Policing and Crime Act

2017 and transitional provisions in relation

to powers and duties conferred under

section 38 of the Police Reform Act 2002.

The instrument will be effective as of 1

December 2017.

Further information can be found at

legislation.gov.uk

New Legislation

SI 1134/2017 The Police (Conduct,

Complaints and Misconduct and

Appeal Tribunal) (Amendment)

Regulations 2017

The instrument will establish how

disciplinary proceedings apply to officers

who have left the force. They also clarify

the procedure where an allegation or

complaint is made against an officer and

the officer chooses to leave whilst the

proceedings are ongoing. The instrument

has been drafted in response to some

public opinion that officers who have

committed serious wrongdoing can avoid

accountability through resignation or

retirement and hopes to promote public

confidence.

The Regulations will take effect as of 15

December 2017.

A copy of the Regulations can be found

here

SI 1135/2017 The Police Barred List

and Police Advisory List Regulations

2017

These regulations provide for the

processes, procedures and requirements

for the maintenance and operation of the

police barred list and police advisory list

(established by Part IVA of the Police Act

1996). The lists will supersede the existing

Disapproved Register and will provide a

much more robust process acknowledging

the severity of an individual’s actions and

ensuring the integrity of the police service.

The Regulations will take effect as of 15

December 2017.

A copy of the Regulations can be found

here

OFFICIAL © College of Policing (2017)

Digest November 2017

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SI 1140/2017 The Police Federation

(England and Wales) Regulations 2017

The Regulations will abolish the existing

Police Federation Regulations and

implement wide ranging reform as per the

Independent Police Federation Review.

The Regulations will take effect as of 31

December 2017.

The full text to the Regulations can be

found here

Case law

Harris, R v (Rev 3) [2017] EWCA Crim 1849

Background

Harris was convicted at Southwark Crown

Court of 12 counts of indecent assault

against four victims contrary to section 14

of the Sexual Offences Act 1956. After the

2014 trial, a further indictment was put

before him containing different allegations

of sexual assault against seven other

complainants. In 2017, he was acquitted of

four counts and after multiple trials and

jury disagreement, not guilty verdicts were

entered on the outstanding counts. The

appellant is a famous and successful

entertainer; the Crown argued that he

used his celebrity status to manipulate and

sexually abuse his victims.

Appeal

The appeal relates to the credibility of two

of the victims: WR (count 1) and TL (counts

10 to 12).

Ground 1

Fresh evidence from the victim’s

stepfather indicated that WR would not

have been permitted to go to the

community centre where the said offence

was alleged to have taken place

unaccompanied. 2 former police officers

and a local resident testified that the

applicant had not been at the centre. The

antecedents and falsified employment

history of a key witness, DJ, came to light

and his ex-wife undermined his witness

statement and testified that the witness

never went to the centre without her. The

defence submitted that the fresh evidence

provide argument that neither the

applicant nor the complainant had

attended the centre in the year of the

alleged offence and as such the conviction

was unsafe.

Outcome

Testimony from the victim’s stepfather was

only accepted in part. The Crown’s failure

to discover DJs antecedents was

significant. If the material had been

obtained and disclosed it would have been

doubtful that DJ would have been called

as a witness. DJs misrepresentations about

his military employment would have

undermined his credibility as a witness.

The testimony of the police officers was

declined as it merely added to a body of

evidence before the jury which already

called into question the applicant’s visit to

the centre. The testimony of the local

resident was declined as her evidence was

available at the time of trial and the

defence chose not to call her.

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Digest November 2017

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Conviction deemed unsafe.

Ground 2

There are 2 principal challenges: 1) TL

suffered from more complex mental health

and psychiatric issues than were first

indicated at trial and 2) the prosecution

had not complied with disclosure duties

under section 3 of the Criminal Procedure

and Investigations Act 1996 (the Act).

Outcome

1) The jury had been made aware at trial

of diagnoses of post-traumatic stress

disorder and borderline personality

disorder. TL had suffered from a number

of unfortunate and serious events in her

life. The jury had been made fully aware of

the circumstances which gave context to

the victim’s complaint. At trial the defence

had made no application for further

disclosure under section 8 of the Act

which suggested that the evidence

relevant to this issue put before the jury

was sufficient for their purposes. Evidence

declined.

2) The Act did not make special provision

in relation to material held by individuals

or parties overseas. However it was stated

that the Crown were under obligation to

pursue reasonable lines of enquiry; if the

material was relevant then reasonable

steps must be taken to obtain it. Having

reviewed the further material obtained,

the Court deemed that it did not add to

the existing evidence. Evidence declined.

Convictions safe.

Ground 3

The defence argued that if any of the

convictions were unsafe this would

‘poison’ the minds of the jury and that the

remaining convictions (counts 2 to 12)

would also be unsafe.

Outcome

The Court considered cross admissibility

and summarised the effect of the bad

character evidence. The Judge had

directed the jury at trial that they could

apply the principle of cross admissibility if

upon review of the evidence this was

appropriate. However he had also directed

to give separate consideration to each

count and advise of the possibility of

differential verdicts depending on the

evidence. There was no fresh evidence

presented with regard to other victims GP

or JH or to the bad character evidence.

The Court deemed that Count 1

(permitted for appeal) differed from the

other counts in that it fell on some

question as to whether the claimant had

visited the centre. On review of the

evidence for counts 2 to 12, there was

nothing which could have prompted

doubt as to the safety of those

convictions.

Application refused.

The full judgement can be read here

Lewis & Anor, R v [2017] EWCA Crim 1734

This relates to a leave of appeal brought

by the Crown against a terminating

hearing under section 58 of the Criminal

Justice Act 2003 (the Act). The Crown

argued that under section 67 of the Act,

the Judge’s ruling was unreasonable.

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Digest November 2017

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Background

The victim was a Giles Metcalf who died as

a result of a fire. At the time of his death

he was homeless and there is evidence to

indicate that he had planned to spend the

evening in the car park where the fire took

place. CCTV on the evening of the fire

showed the victim buying a bottle of

whisky with the defendants. Evidence

indicated that phone contact had been

made between defendant 1 and the victim

earlier in the day. That evening, a witness

saw them socialising with 2 others in the

car park and noticed no signs of animosity

between them. CCTV shows a flash at

02:12 and the defendants leaving the car

park at 02:13. The fire alarm was activated

at 02:27. An open bottle of barbeque

lighting fluid and 2 disposable lighters

were found near the victim’s body. The

victim’s clothing contained traces of

kerosene and cause of death was a

combination of smoke inhalation and

burns.

The prosecution case consisted of the

following key arguments:

1) CCTV timings

2) The victim had made a proposition

to one of the group at the car park

which the first defendant took

objection to

3) Suggestive forensic evidence of a

DNA link between defendant 2 and

the barbeque lighting fluid bottle

4) The first defendant’s admission of

being present when the fluid was

poured coupled with what were

said to be lies in the prepared

statement

5) The first defendant’s failure to

answer questions in interview

6) Kerosene on the first defendant’s

shoes and finger marks of both on

the whisky bottle

7) The first defendant’s disposal of

the SIM card

8) The likely mechanism being a

naked flame applied to a

combustible material

9) The presence of kerosene on the

victim’s body.

The prosecution could not be specific as

to how the case was being put against

each defendant but argued that the

defendants were joint principals. The

evidence was circumstantial. The trial

judge deemed that there was insufficient

grounds to support that either defendant

had either the actus reus or the mens rea

for the offence.

The Crown’s Appeal

The Crown’s argument was simply that the

trial judge had erred: there was enough

evidence to put before a jury.

Outcome

The Court accepted that there were

suspicious circumstances surrounding the

death of the victim but that this was not

enough. Their disposition included a

review of the prosecution’s arguments

identifying flaws in the prosecution case.

Amongst these issues were: i) the absence

of motive, ii) no inference could be drawn

from the second defendant’s failure to

answer at interview, iii) absence of forensic

evidence linking the second defendant to

either of the lighters and iv) that it was not

of note that fingerprints were found on

the whisky bottle given that it had been

jointly purchased. The Court considered a

number of potential scenarios depicting

what may have occurred; one of these was

that what happened was caused by the

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10

victim himself, either accidentally or

deliberately. As such, it was deemed that

the judge was correct in his evaluation of

whether there was sufficient evidence to

put before a jury. Appeal dismissed.

Further guidance about terminating

hearings can be found here. The full

judgement can be read here

Chapman & Ors, R v (Rev 1) [2017] EWCA Crim 1743

The appeal is premised on 4 applications

for permission to appeal against

conviction on the issue of whether nitrous

oxide (NO) is an ‘exempted substance’ for

the purposes of the Psychoactive

Substances Act 2016 (the 2016 Act)

because it is a ‘medicinal product’ as

defined by the Human Medicines

Regulations 2012 (the Regulations). All 4

applications related to cases of possession

with intent to supply with each case

involving multiple canisters of NO.

The Purpose of the 2016 Act

The underlying purpose of the 2016 Act is

to criminalise the production, supply,

offering for supply, export and import and

possession with intent to supply of

psychoactive substances not otherwise

caught by drugs legislation. It was directed

as what had become known as 'legal

highs' (such as synthetic drugs known as

spice and mamba).

The 2016 Act was not intended to list

substances in the same way as the Misuse

of Drugs Act 1971(the 1971 Act). Whilst

new substances can be added to the 1971

Act, the process is cumbersome and

encourages the producers of synthetic

drugs to develop new ones, or to change

the chemical composition of old drugs to

stay ahead of legislative change.

Discussion and Outcome

Defence argued that NO can be used for

medical purposes and that it is not the

dangerous legal high of the sort that the

2016 Act had intended to control. It was

identified that it is commonly legitimately

used for catering purposes. The Court

reviewed expert evidence given from

various academic and medical sources.

The Court conceded that at first blush that

as NO is used for medical purposes it

could fall under 2(b) of the Regulations.

However, there was no doubt that the gas

modified physiological functions for those

that consume it, whilst bringing neither

short term nor long term beneficial effects

to human health. The canisters in question

were manufactured for non-medical

purposes, widely available and distributed

for use in catering; this was a strong

indicator that they were not medicinal

products. Additionally, the purpose of the

supply was for recreational purposes only

and nothing to do with health. This

coupled with the fact that the gas was to

be used in circumstances which would

have no health benefit takes this further

beyond any definition of a medicinal

product.

The Court ruling at paragraph 4, stating

that: ‘We are satisfied that in the

circumstances of these cases the NO in

question could not be categorised as a

medicinal product and therefore was not

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Digest November 2017

11

an exempted substance’, indicates that a

case by case evaluation may be required

for substances of a similar chemical

composition.

The full judgement can be read here

RJ, R v [2017] EWCA Crim 1943

Background

The appellant was convicted of conspiracy

to import cannabis contrary to section 1 of

the Criminal Law Act 1977. A number of

items used as evidence at trial are the

subject of these trial proceedings: 1) a 20

tonne metal press, 2) a blue notebook and

3) various items which the prosecution

contended was ‘drugs paraphernalia’ e.g. a

heat sealing machine with traces of

cannabis on it.

The Appeal

The defence appeal relate to 2 rulings

made by the trial judge: the first relates to

the press and notebook and the second,

to admission of evidence of a previous

conviction in 1995 under the bad

character provisions of the Criminal Justice

Act 2003 (CJA). In respect of the notebook

and the press, the defence argued that the

evidence should not have been admitted

and that the judge’s summing up had

been insufficient and confusing. It was bad

character evidence and as such should

have been subject to the appropriate

applications without which it would have

been prima facie inadmissible. If the

prosecution had made a bad character

application, it was likely to fail as it would

not have satisfied the gateways under

section 101(1) of the CJA. Defence argued

that the notebook, which was presented to

the jury unredacted, contained

information which was not relevant to the

substantive offence, could only be

admitted under bad character provisions

and that the evidence was highly

prejudicial. In relation to the previous

conviction, defence argued that this

should not have been admitted as

evidence as that offence related to a much

smaller amount of cannabis and with a

different modus operandi, was not

sufficiently similar to the present

indictment to be probative.

Discussion and Outcome

The court adopted a 3 tiered approach to

their discussion: 1) what was the nature of

the evidence? 2) how was it sought to

introduce it? and 3) should it have been

admitted and if so, on what basis? The

Court assessed section 98 of the CJS and

confirmed that if evidence has to do with

the facts of the case, it is not bad character

evidence.

There was little discussion of the previous

conviction; the court acknowledged it as

bad character evidence and as such it

would be subject to the considerations of

section 101(1) of the CJA.

The prosecution accepted that the press

would have not been used to process the

importation in this case but the court

deemed that their argument that the press

had been used on an earlier occasion to

generate cash for this conspiracy was

speculative. In addition, it would amount

to conduct in the furtherance of the

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Digest November 2017

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conspiracy but outside the period of the

indicted conspiracy.

In respect of the notebook, the

prosecution would have been entitled to

disclose content specific to the relevant

indictment. However the notebook was

presented to the jury unredacted and

included content from which the jury

might have concluded that the dealing

went beyond the indictment regarding

both the indictment period and the drug

type. The court confirmed that this was

unsatisfactory. The unedited material

should not have been presented and there

was bad character evidence given which

the jury had not been sufficiently advised

upon in the summing up.

Appeal allowed and conviction quashed.

The full judgement can be read here

P v Commissioner of Police of the Metropolis [2017] UKSC 65

This appeal relates to the right of equal

treatment under EU law and the assertion

of this right by police officers. It explores

potential incompatibility between the

principle of judicial immunity and

enforcement of the right of equal

treatment by way of an employment

tribunal when the discriminatory

misconduct is that of those conducting a

misconduct hearing.

Background

The appellant suffered post-traumatic

stress disorder (PTSD) as a result of an

assault against her on duty. She was later

involved in an accident which led to her

arrest; she accounted her behaviour to her

PTSD. The case was heard at a misconduct

hearing under the Police (Conduct)

Regulations 2008 whereby she accepted

her guilt and the panel imposed a sanction

of dismissal without notice. The appellant

appealed this both to 1) the Police

Appeals Tribunal (the tribunal), (arguing

that the action taken was unreasonable)

and 2) the Commissioner of Police of the

Metropolis (the Commissioner) in an

employment tribunal (arguing that the

decision to dismiss was discriminatory

arising from disability and disability

related harassment, as a consequence of

failing to make reasonable adjustments).

The Police Appeals Tribunal confirmed

that the appeal would not proceed. The

Commissioner contended that the panel’s

decision was protected from challenge by

the principle of judicial immunity.

Discussion

Relevant EU law: Council directive

2000/78/EC (the Directive); Articles

1, 2, 3, 9 and 17 of the European

Convention on Human Rights.

Domestic law: The Equality Act

2010 (the 2010 Act)

Grounds of appeal to the tribunal can be

on the basis of unreasonableness, fresh

evidence, breach of statutory procedures

or other unfairness. It might be possible to

bring a complaint of discriminatory

behaviour but the tribunal does not

possess the same expertise in equal

treatment or powers (declarations,

compensation, making of

recommendations) as that of an

Employment Tribunal. An officer must

have the right to bring a claim of

mistreatment on the grounds of

discrimination to an Employment Tribunal

by virtue of their being specialist forums

OFFICIAL © College of Policing (2017)

Digest November 2017

13

for the hearing of such cases; this

therefore meets the principles of 1)

equivalence and 2) effectiveness. The

Court confirmed that there was no

possibility of there being some mechanism

which might prevent an officer from

obtaining a remedy where their rights

under the Directive have been infringed

upon. Domestic law in relation to judicial

immunity can only be applied when they

are consistent with EU law. This overturns

the precedent set in Heath v

Commissioner of Police of the Metropolis

[2004] EWCA Civ 943. A reading of section

42(1) of the 2010 Act to be compatible

with the Directive, overrides any bar to the

bringing of complaints under the Directive

against a chief officer which might arise

under arguments of judicial immunity in

common law. Whilst there was concession

that the principle of judicial immunity

serves a legitimate end protecting tribunal

members, witnesses and against further

litigation inspired by disappointment of an

outcome, section 42 is plainly meant to

provide police officers with a right to

challenge discrimination.

Appeal allowed; case remitted to the

Employment Tribunal.

The full judgement can be read here

Policing Practice

Crime

Terrorism Safety video made available

to schools

Security experts from Counter Terrorism

Policing have commissioned the creation

of an animated film designed to teach

young people aged 11 to 16 years how to

react if caught up in a gun or knife terror

attack. The film, entitled ‘Run, Hide, Tell -

The story of Nur, Edih and Llet’ follows the

story of 3 young people who find

themselves caught in an attack on a

shopping centre. As well as the ‘Run, Hide,

Tell’ advice, the lessons include other

important safety and preparedness

information, such as how to spot

suspicious activity and behaviour. There is

also a session plan specifically designed

for use in youth organisations such as the

Scouts and Girlguiding UK, to support

them to deliver the ‘Run, Hide, Tell’

message.

An additional lesson, available to both

schools and youth organisations will also

teach children to TREAT - an additional

element designed by medical experts from

St John Ambulance to inform young

people how to deliver basic first aid to

injured people while hiding.

Further information can be accessed here

Football related arrests and banning

order statistics released

Football related arrests under Schedule 1

of the Football Spectators Act 1989 (as

amended) are reported by police to the

Home Office United Kingdom Football

Policing Unit. Offences include examples

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such as pitch incursion and throwing

missiles. Data is also contributed by the

British Transport Police. Key figures for the

2016-2017 season include:

1,638 football related arrests (14%

decrease from previous year)

the most common offence types

were public disorder (31% of total

figure)

supporters of Championship clubs

represent the largest proportion of

banning orders (32% of the total).

Further information can be found here

NCA Publishes County Line update

The NCA has published a report which

brings together data regarding county

lines from forces across England and

Wales. Key findings include:

there was evidence of county lines

activity in 88% of force returns (38

forces)

74% of forces indicated

exploitation of vulnerable people

85% of forces indicated that the

individuals involved carried

weapons

there are at least 720 county lines

operating in England and Wales

and the majority of these involve

the exploitation of multiple young

or otherwise vulnerable people.

The full article and NCA report can be

accessed here

Police

Consultation on RIPA codes

A consultation has been launched on

revisions to the codes of practice under

Parts 2 and 3 of the Regulation of

Investigatory Powers Act 2000 (RIPA). The

codes set out the processes and

safeguards governing the use of

investigatory powers by public authorities,

including the police, and security and

intelligence agencies. The codes will

provide information on how the relevant

powers should be used, including

examples of best practice. The additional

clarity offered by the codes will help

ensure the highest standards of

professionalism and compliance.

The codes of practice will have statutory

force. Prior to issuing any codes, the

Secretary of State must prepare and

publish draft codes. Following the

consultation, the Secretary of State must

consider any representations made about

the drafts. Parliament will approve the final

codes before they come into effect.

The consultation closes on 28 December

2017 and can be accessed in full here

Independent review into serious

incidents and deaths in custody

A report has been published following an

independent review into serious incidents

and deaths in custody. The review,

undertaken by Dame Elish Angiolini,

looked at the events leading up to such

incidents, as well as existing protocols and

procedures designed to minimise the risks.

It looked at the immediate aftermath of a

death or serious incident, and the various

investigations that ensue and examined

how the families of the deceased are

treated at every stage of the process. It

also identified areas for improvement and

developed recommendations to ensure

humane institutional treatment when such

incidents occur.

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The government response addressing

Dame Elish Angiolini’s recommendations

thematically, according to the categories

under which they are summarised in her

report, can be accessed here

The response from Chief Constables and

the College of Policing can be accessed

here

The review can be accessed in full here

Report published on police response

to domestic abuse

Her Majesty’s Inspectorate of Constabulary

and Fire and Rescue Services (HMICFRS)

has published a progress report on the

police response to domestic abuse. The

report shows positive progress with forces

showing a strong commitment to

protecting the vulnerable. Resources have

increased in safeguarding units with staff

being moved to provide resilience for

those teams responsible for domestic

abuse case handling. The report also

reflects on greater collaborative working

with other public services such as social

services and probation, with multi-agency

safeguarding hubs being set up in the

majority of force areas. Investment in

training has allowed the development of

front line officers’ understanding of

coercive control and the broader

contextual issues relevant to domestic

abuse. In spite of these positive changes,

the report also recognises continued room

for improvement with 7 out of 43 forces

found as a ‘cause of concern’ and 33 had

‘areas for improvement’. One of the issues

highlighted is the wide variation in how

forces use their powers to pursue positive

outcomes for victims. The report makes a

number of recommendations including

national domestic abuse data monitoring

and updating domestic abuse action

plans.

The full report can be accessed here

New laws to change Police Federation

The Police Federation of England and

Wales (the Federation) was established

under the Police Act 1919 (now the Police

Act 1996) in response to government

concerns regarding police strikes. The

body was formed to undertake

negotiation of concerns such as pay,

allowances, hours of duty etc. The

Federation has been undergoing review

since 2014 from which 36

recommendations were forwarded by an

independent review body managed by the

Royal Society for the Encouragement of

Arts, Manufactures and Commerce. The

review will attempt to ensure that the

Federation is fit for modern day service.

The overhaul will include improved

election procedures, better financial

management and a drive to improve

representation of women and from BME

groups.

The full article can be accessed here

Training and

Development

PEEL Police Efficiency Report 2017

On 9 November 2017 HMICFRS produced

their third annual report into police

efficiency. The report recognised the

challenging environment faced by officers,

set against a background of complex

investigations, changing demand and

streamlined resources. On the whole it

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found that forces are improving and

managing their resources well.

The report acknowledged that almost

every force has an adequate

understanding of its current demand, with

the highest performing forces using

sophisticated models and data analysis to

compare trends and areas of risk. There

was also commentary around the effective

use of resources and flexibility. However

the report also indicated that there was

room for improvement across the majority

of forces.

The report highlighted concerns with

regard to the time taken by forces not

only to analyse the current skills of their

workforce but also in considering what

would be needed in the future. The report

indicates that improvements are needed in

this area particularly with regards to the

operation of force control rooms handling

999 and 101 calls and being able to cope

with demand.

In conclusion, the report accepted that

most forces are coping well but that

policing remains under significant stress.

Future-proofing and innovation were

pitched as being key to long-term success.

Snapshot of force performance:

‘Outstanding’ Forces: Durham and

Thames Valley

‘Good’ Forces: Avon and Somerset,

Cambridgeshire, Cheshire,

Cleveland, Cumbria, City of

London, Devon and Cornwall,

Derbyshire, Dorset, Essex,

Gloucestershire, Gwent, Hampshire,

Hertfordshire, Kent, Lancashire,

Merseyside, Norfolk,

Northamptonshire, Northumbria,

Suffolk, Staffordshire, Surrey,

Sussex, South Wales, Wiltshire,

West Midlands, West Mercia,

Warwickshire and West Yorkshire.

Forces ‘requiring improvement’:

Bedfordshire, Dyfed-Powys,

Humberside, Leicestershire,

Lincolnshire, Metropolitan Police,

Nottinghamshire, North Wales,

North Yorkshire and South

Yorkshire.

No forces were found to be in the

‘inadequate’ category

Further information and access to the

individual reports of each force can be

accessed here

Multi-agency Public Protection

Arrangements (MAPPA)

MAPPA guidance was drafted by the

Ministry of Justice, the National Offender

Management Service and the HM Prison

Service to assess and manage the risks

posed by sexual and violent offenders. It

has been effective as of March 2014.

Chapters 5 (Lay advisors), 19 (Critical

Public Protection cases) and 22 (Victims)

of the guidance have now been updated.

Further information can be found here and

on the MAPPA webpage

Changes to designated powers coming

into force

Changes to the powers and duties that can

be conferred upon civilian staff are due to

be brought into force on 15 December

2017. Currently under the Police Reform

Act 2002 (the 2002 Act), civilian staff can

be designated to undertake specific

functions in four categories: community

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support officer (commonly known as

PCSOs), investigating officer, detention

officer and escort officer. The changes

replace these to enable a chief officer to

designate a member of staff as either or

both a community support officer or a

policing support officer. They also

introduce a power to designate powers on

volunteers.

The powers that can be conferred will be

extended and a designated person will be

able to be given any power or duty of a

constable, other than a ‘core’ power or

duty specified in new Schedule 3B of the

2002 Act. The list of core or excluded

powers includes powers of arrest, stop and

search and those under terrorism

legislation.

Transitional provisions are made in the

commencement regulations so that

designations made prior to 15 December

2017 remain effective until they are

amended, repealed or revoked. This does

not apply to the designation of any police

power included in the list of excluded

powers specified in Schedule 3B, which

ceases to be conferred.

The commencement regulations (which

have been amended to specify a

commencement date of 15 December

2017) can be accessed in full here

Changes to Offence Classification

Index

The counting rules provide a national

standard for forces to record and count

notifiable offences. The Home Office have

recently updated the guide for ‘Counting

Rules for Violence Against the Person’.

The full document can be accessed here

Criminal Justice System

Criminal Justice Quarterly Statistics

published

The provisional July 2016 to June 2017

Criminal Justice Statistics report was

published on 16 November 2017. The

report presents key statistics on activity in

the criminal justice system for England and

Wales.

Key points include:

The total number of individuals

formally dealt with by the criminal

justice system in England and

Wales is 1.69 million for the period,

a record low since 2007.

Adult offenders are now more

likely to receive some form of

custody.

The overall conviction ratio was

86%, the highest in over a decade.

The average custodial sentence

length has increased since the year

ending June 2007 both overall

(from 12.4. to 16.5 months) and for

indictable offences (from 15.3 to

19.5 months).

For sexual offences, the total

number of people sentenced to

custody in the year ending June

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2017 was 4,300, up from 2,800 in

the year ending June 2007.

The full report can be accessed here

Latest Prevent statistics published

The Prevent programme forms part of the

government’s broader counter terrorism

strategy (CONTEST) and aims to safeguard

people from becoming terrorists or

supporting terrorism. The latest statistics

on the number of individuals referred to

and supported through the Prevent

programme have been released. They

cover the period April 2015 to March

2016. The release includes the journey

from referral to support and demographic

statistics such as age, gender and

geographical location. Key findings

include:

7,631 individuals referred in

2015/16

The education sector made the

most number of referrals with a

total of 2,539

4,274 of the total number referred

were aged 20 or under

5,925 of the total number referred

were male

65% of referrals were linked to

Islamic extremism and 10% to right

wing extremism

The largest proportion of referrals

at 25% were from individuals

based in London followed by the

north east at 17%

The full report can be accessed here

Youth custody data published

The MOJ and the Youth Justice Board for

England and Wales have published

September 2017 statistics and trend data

on the population in custody of children

and young people. Custody applies to

those held within secure children’s homes,

secure training centres and young

offender institutions. Figures indicate an

increase in individuals aged 18 or under

held in ‘secure estate’ from the previous

year.

The full report can be accessed here

Courts and Tribunals Service centres

launched

Birmingham and Stoke-on-Trent have

been chosen to host the country’s first

Courts & Tribunals Service Centres. The

centres will be part of the £1 billion

modernisation of our courts and justice

system, moving from paper-based

processes to digital systems. The changes

are planned to help ensure accessibility to

the justice system. Each centre will employ

more than 300 people in a range of roles

including processing cases and dealing

with web enquiries. The centres are being

based upon research into what users

require and in consultation with

stakeholders such as judges, magistrates

and legal professionals. Agencies that

represent the public and support people

with cases in the justice system are also

being consulted. The way that criminal

fines are collected is also to be

transformed to be faster and more

effective using a new operating model.

The proposal is to consolidate the staff

currently across 50 different bases in the

country to 3 centres in Leeds, Runcorn and

Cwmbran.

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Further information can be found here

Liberty criticism of Post-Brexit trade bill

Civil and human rights campaign group

Liberty and the Public Law Project have

highlighted their concerns over the

Government’s recently announced Trade

Bill, arguing that it would permit ministers

powers to rewrite legislation such as the

Equality Act 2010 and the Modern Slavery

Act 2015. The Bill had its first reading on

the 7 November 2017; the date of second

reading is yet to be announced.

The Liberty article can be found here

Further information about the Bill can be

found at parliament.uk

Consultation opens on sentencing

guidelines for terrorism offences

To achieve consistency, current sentencing

guidelines for sentences given under

section 5 of the Terrorism Act 2016 were

given by the Court of Appeal in the case of

R v Kahar & Others [2016] EWCA Crim 568.

The changing nature of terrorism offences

however has demanded that the

guidelines be revisited to include coverage

of a wider number of offences. The new

guidelines are intended to include

offences such as preparation for terrorism,

encouragement and possession for

terrorist purposes as well as meeting the

growing concern about the availability of

extremist material on the internet. The

consultation will invite views on additional

factors which might influence a sentencing

decision and approaches to drafting.

Further information can be found here