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DigestDecember 2015A digest of police law, operational policing practice and criminal justice

OFFICIALDigest December 2015

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© – College of Policing Limited 2015

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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.

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Overview 5Legislation 6

Recently announced Bills 6 Draft Investigatory Powers Bill 6 Statutory Instruments 7 Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015 7 Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015 7 Proceeds of Crime Act 2002 (Appeals under Part 2) (Amendment) Order 2015 7 Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (England and Wales) 7

(Appeals under Part 2) (Amendment) Order 2015 Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015 7 New legislation 8 Draft codes of practice on interception of communications and equipment interference published 8Case law 9 Evidence and procedure 9 R v FNC [2015] EWCA Crim 1732 9 General police duties 11 The Commissioner of Police of the Metropolis v Thorpe [2015] EWHC 3339 (Admin) 11Policing practice 12 Crime 12 MPA subject to temporary class drug order 12 Statistics on football-related arrests and banning orders published 12 Review of Regional Organised Crime Units published 12 Profile on cannabis cultivation published 13 Diversity 15 Government response to report on leadership, ethics and accountability in policing published 15 Police 16 Drug seizure statistics for 2014/15 published 16 HOC 26/2015: Police pay award 2015-2016 amendments to annex F 16 Proposed changes to PACE Code E 17 Statistics on police powers and procedures published 17 Value for money profiles published 18 Training and development 19 College of Policing publishes draft guidance on mental health 19

Contents

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Criminal justice system 20 HOC 25/2015: duty to notify the Home Office of suspected victims of modern slavery 20 Joint inspection report on victim and witness vulnerability published 20 Rape Monitoring Group publish criminal agency data on rape 21 Review of forensic pathology published 22 Revised Licensing Act 2003 guidance published 22 Guidance on operating within counter-terrorism legislation published 23 Government response on draft RIPA codes published 23 National Preventive Mechanism report published 23 Reform of offences against the person published 24

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This month’s edition of the Digest contains a summary of issues relating to police law, operational policing practice and criminal justice.

There are case reports on the following:

• an appeal against a ruling that in a prosecution case based on DNA, there was no case to answer

• an appeal against a magistrates court decision to impose a football banning order limited to certain specified matches.

We look in detail at the:

• proposed changes to PACE Code E

• joint inspection report on victim and witness vulnerability

• review of forensic pathology

• draft Investigatory Powers bill.

We also look at the:

• latest statistics on drug seizures and police powers and procedures

• new College of Policing draft guidance on mental health

• Rape Monitoring Group digests on rape

• draft codes of practice on interception of communications and equipment interference.

The progress of proposed new legislation through parliament is examined and relevant Statutory Instruments are summarised.

Overview

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Recently announced BillsDraft Investigatory Powers Bill

A draft bill has been published which will govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies. It builds on the work of three comprehensive reviews undertaken over the past year.

The draft Investigatory Powers Bill aims to do the following:

• bring together all of the powers already available to law enforcement and the security and intelligence agencies to obtain communications and data about communications. It will make these powers and the safeguards that apply to them clear and understandable.

• overhaul the way these powers are authorised and overseen. It will introduce a ‘double-lock’ for interception warrants, so that, following Secretary of State authorisation, these – and other warrants – cannot come into force until they have been approved by a judge. It will also create a new Investigatory Powers Commissioner (IPC) to oversee how these powers are used.

• make sure powers are fit for the digital age. The draft Bill will make provision for the retention of internet connection records (ICRs) in order for law enforcement to identify the communications service to which a device has connected. This will restore capabilities that have been lost as a result of changes in the way people communicate.

The Bill will provide a clear framework for the use of investigatory powers by the security and intelligence agencies, law enforcement and other public authorities. These powers cover the interception of communications, the retention and acquisition of communications data, equipment interference for obtaining private data and the security and intelligence agencies’ acquisition of bulk personal datasets. It will be unlawful to exercise these powers other than as provided for by the Bill.

A Joint Committee has been appointed to consider the bill and is expected to report by 11 February 2016.

The Draft Investigatory Powers Bill can be accessed in full at gov.uk

Legislation

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Statutory InstrumentsSI 1833/2015 Modern Slavery Act 2015 (Transparency in Supply Chains) Regulations 2015

Section 54 of the Modern Slavery Act 2015 requires a commercial organisation to prepare a slavery and human trafficking statement for each financial year of the organisation if its total turnover is not less than an amount prescribed by the Secretary of State. These Regulations, which came into force on 29 October 2015, prescribe the amount and set out how a commercial organisation’s total turnover is to be determined. Please see legislation.gov

SI 1853/2015 Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015

This Order, which came into force on 30 November 2015, revokes and remakes in relation to England and Wales the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 as amended by the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009. Please see legislation.gov

SI 1855/2015 Proceeds of Crime Act 2002 (Appeals under Part 2) (Amendment) Order 2015

This Order, which came into force on 30 November 2015, amends the Proceeds of Crime Act 2002 (Appeals under Part 2) Order 2003 to insert in Part 3 of the Order references to an appeal to the Supreme Court under section 13B(4) of the Proceeds of Crime Act 2002. Please see legislation.gov

SI 1856/2015 Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (England and Wales) (Appeals under Part 2) (Amendment) Order 2015

This Order, which came into 30 November 2015, amends the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (England and Wales) (Appeals under Part 2) Order 2012. Please see legislation.gov

SI 1929/2015 Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 3) Order 2015

This Order, which came into force on 27 November 2015, specifies substances and products as drugs subject to temporary control under section 2A(1) of the Misuse of Drugs Act 1971. The substances and products specified in article 2 are N-methyl-1-(thiophen-2-yl)propan-2-amine related materials which are being misused as new psychoactive substances. Please see legislation.gov.uk and MPA subject to temporary class drug order.

Statutory InstrumentsLegislation

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New legislationDraft codes of practice on interception of communications and equipment interference published

Updated codes of practice on the interception of communications and equipment interference have been published, following a public consultation. Together, the codes of practice make more information publicly available about the stringent safeguards that the security and intelligence agencies apply in their use of investigatory powers and how the security and intelligence agencies are held to account by the independent commissioners who oversee their activity

Both drafts have been laid in Parliament and will be subject to scrutiny.

The draft codes can be accessed in full at gov.uk

New legislationLegislation

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Evidence and procedureR v FNC [2015] EWCA Crim 1732

This was an appeal under section 58 of the Criminal Justice Act 2003 in respect of a ruling holding that in a prosecution case based on DNA, there was no case to answer.

The facts

In May 2003, the complainant was assaulted on the London underground, and a DNA semen sample was taken. DNA profiling tests were done at the time. No match was found on the database but the profile was retained.

Over 10 years later, in March 2014, the defendant was arrested on an unrelated matter and his DNA profile was taken. This was matched against the DNA database. The finding of the semen on the back of the complainant’s trousers was consistent with the defendant ejaculating on to the complainant’s trousers as alleged. Expert opinion stated that the chance of obtaining the matching DNA profile of the semen originating from another unrelated male was in the order of one in a billion.

The evidence on which the prosecution intended to rely was the account of the complainant, the evidence in relation to the DNA match and the interview of the defendant. The prosecution had not adduced any evidence as to when the defendant had entered the UK, where he was living in 2003, what his employment was at the time and whether he had any brothers in the UK.

Before any evidence was given, a submission was made on behalf of the defendant that, in the light of decisions in previous cases, the evidence of DNA in all the circumstances was not sufficient to give rise to a case to answer.

The hearing before the recorder

At the hearing before the recorder the prosecution submitted that because the statistical probability was so much higher than in the other cases, namely one in a billion, that distinguished the present case from previous cases.

In his ruling the recorder rejected the prosecution’s argument. He expressed the view that the law was still the same, no unique position had been reached in relation to DNA, and DNA profiles could not provide absolute proof of identity. As there was no other evidence linking the defendant, apart from the DNA profile, that was insufficient evidence to go before the jury.

Case law

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The prosecution appeal

The prosecution contended that the ruling was wrong in that there was sufficient evidence. On the defendant’s behalf it was submitted that the recorder had correctly accepted that on the authorities cited to him there was no case to answer.

Conclusion

The Court found that, as was clear in case law, where DNA is directly deposited in the course of the commission of a crime by the offender, a very high DNA match with the defendant is sufficient to raise a case for the defendant to answer. There was a clear distinction between the present case and those where DNA was deposited on an article left at the scene.

In the present case, there could be no doubt that the DNA was deposited in the course of the commission of the offence by the person who committed the offence. As the match with the defendant was one in a billion, there was accordingly a very strong case against the defendant and plainly a case for him to answer that the DNA deposited on the trousers was his. The Court held that the decision of the recorder was wrong in law, the appeal must be allowed and a trial must take place in the Crown Court before a Circuit Judge.

The judgement can be accessed in full at bailii.org

Evidence and procedureCase law

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General police dutiesThe Commissioner of Police of the Metropolis v Thorpe [2015] EWHC 3339 (Admin)

This was an appeal by way of case stated against a magistrates court decision to impose a football banning order under section 14B of the Football Spectators Act 1989 (the 1989 Act). The effect of the order was that the Respondent was free to attend regulated football matches which did not involve the three named clubs. The Appellant contended that there was no power to impose a prohibition limited in this way.

The Magistrates stated a case for the opinion of the High Court on the question:

Did we have the power to make a Football Banning Order under section 14B(4) of the Football Spectators Act 1989 that was limited to matches played between Fulham FC and either Chelsea FC or Brentford FC?

The power of a Magistrates Court to make a football banning order is set out in section 14B of the 1989 Act. It provides for an order to be made on complaint by the relevant chief officer or the Director of Public Prosecutions if the following condition is met; that the respondent had at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere. Section 14G of the 1989 Act permits additional requirements to be added to the order. This includes, if the court making it thinks fit, imposing additional requirements in relation to any regulated football matches.

The Respondent argued that the wording of section 14G was ambiguous and ‘any’ should be interpreted as any premises decided necessary and proportionate by the court. Making an all-encompassing order to cover all football matches in England and Wales would be a breach of the Respondent’s Article 8 human right to respect for a private and family life, and completely disproportionate. It was submitted to the court that any interference with private life must at least meet the legitimate aim of controlling violence at football matches. If the Justices had found that the Respondent only presents a risk at certain matches, it must be disproportionate and therefore unlawful to impose a ban preventing him from attending other matches.

The court concluded that there was no reason to adopt anything other than the natural construction of the words used in the 1989 Act. No convention right was engaged, and if it was, it was a qualified right and Parliament had decided what qualification is necessary. The subject could continue to enjoy an interest in football in other ways, and could go to other sporting events without restriction. What he could not do was to go to football matches where a court had decided that his absence would be helpful in reducing violence and disorder at such events.

The High Court answered the question posed by the Justices as ‘no’.

The judgement can be accessed in full at bailii.org

General police dutiesCase law

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CrimeMPA subject to temporary class drug order

The Misuse of Drugs Act 1971 (Temporary Class Drug) (No.3) Order 2015 which came into force on 27 November 2015, subjects methiopropramine, commonly known as MPA, to a Temporary Class Drug Order (TCDO). The order will last for up to 12 months while the Advisory Council on the Misuse of Drugs (ACMD) considers whether it should be classified and controlled under the Misuse of Drugs Act 1971. While the order is in place, anyone caught making, supplying or importing the drugs will face up to 14 years in prison and an unlimited fine.

The Home Office has published a circular, drawing attention to the order. The circular can be accessed in full at gov.uk

Statistics on football-related arrests and banning orders published

The Home Office has published the latest Official Statistics on football-related arrests and banning orders in England and Wales. The statistics relate to regulated international and domestic football matches involving teams from, or representing, England and Wales.

As at 8 September 2015, there were 2,181 football banning orders in force; a decrease of 4 percent on the previous year. In the 2014-15 football season, there were 1,873 football related arrests; a decrease of 18% on the previous season.

The statistics can be accessed in full at gov.uk

Review of Regional Organised Crime Units published

HM Inspectorate of Constabulary (HMIC) has published a review of the capability and effectiveness of Regional Organised Crime Units (ROCUs). The ten ROCUs were set up across England and Wales to provide 13 specialist policing capabilities, including undercover policing and cyber-crime investigation, to help police forces tackle serious and organised crime effectively. The report examines the capabilities and effectiveness of ROCUs in tackling serious and organised crime. It is intended as a contribution towards the debate about the way in which policing capabilities can best be provided.

Policing practice

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The number of capabilities made available to forces by ROCUs has grown in recent years and the report found that most are vastly bigger and better organisations than they were a few years ago. It also found that most had evolved in a piecemeal way and continue to develop inconsistently. This can compromise effectiveness or duplicate capabilities unnecessarily. As a result, the report states, opportunities to build and strengthen a consistent national approach to tackled serious and organised crime are being missed.

Additionally the HMIC inspection found:

• some ROCUs have not yet implemented all of the 13 specialist capabilities which are the minimum expectation

• some forces have been slow or unwilling to commit fully to the regional provision of specialist capabilities, especially in undercover policing and specialist surveillance

• ROCUs need to be more fully integrated with the National Crime Agency (NCA) and the national counter-terrorist policing network; and

• whilst ROCUs have a good level of intelligence capability, their capability around new and emerging threats such as child sexual exploitation, cyber-crime, modern slavery and human trafficking is still incomplete.

HMIC makes 11 recommendations for ROCUs, as well as police forces, the NCA and the Home Office, focused on increasing consistency and exploiting capabilities. These recommendations focus on the consistent implementation of the minimum specialist capabilities at a regional level, the need for ROCUs and their constituent forces fully to exploit those capabilities and the imperative for collective agreement upon, and commitment to, a shared vision for ROCUs as a platform for the development of specialist policing capabilities in the future.

The report can be accessed in full at www.justiceinspectorates.gov.uk

Profile on cannabis cultivation published

The National Police Chief’s Council (NPCC) has published a profile of commercial cannabis cultivation in the UK. The report, which is based on three years’ of data from forces across the country, also highlights commercial cultivation being used as a means to fund other criminal activity, including distribution of class A drugs, money laundering, human trafficking and illegal immigration.

CrimePolicing practice

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Key findings

• Evidence indicates that there is a continued link between commercial cultivation, modern slavery and people living without legal permission to remain in the UK, including the exploitation of vulnerable adults and children.

• Organised Crime Groups (OCGs) involved in cannabis supply are frequently involved in the supply of other drugs, hence cannabis users risk being persuaded into the use of other class A drugs.

• Increased violence has been attributed to those involved in the cultivation of cannabis, including aggravated burglaries and ‘taxation’ of rival gangs.

• The majority of identified offenders are white British men aged between 25 and 34 years of age.

• The size of commercial cultivation sites continues to be predominantly small and located in residential dwellings, with offenders controlling a number of sites, often across large geographical areas.

• There is a potential increased risk of fires associated with small cultivation sites.

• The average number of plants recovered per annum over the three year period was just over a quarter of a million with 2013/14 recording the highest at 276,676.

• The number of commercial cultivation cannabis offences has decreased by 5.6 per cent in 2013/14 when compared with the previous year.

• Law enforcement continues to tackle the scale of commercial cultivation of cannabis at a local, regional and national level, concentrating on the threat, risk and harm posed.

The report can be accessed in full at npcc.police.uk

DiversityPolicing practice

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DiversityGovernment response to report on leadership, ethics and accountability in policing published

The Home Office has published its response to the Committee on Standards in Public Life’s (CSPL) 15th report ‘Tone from the top; leadership, ethics and accountability in policing’. The CSPL made a number of recommendations in the report; the majority of which were for Police and Crime Commissioners (PCCs) and other local policing bodies. The response considers all of the recommendations and can be accessed in full at gov.uk

PolicePolicing practice

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PoliceDrug seizure statistics for 2014/15 published

The Home Office has published the latest figures on drug seizures made in England and Wales by the police, including the British Transport Police, and Border Force. The statistics relate to all drugs controlled under the Misuse of Drugs Act 1971.

Key Findings

• In 2014/15 there were 167, 059 seizures of drugs in England and Wales, a 14% decrease on the previous year. There was also a 14 % decrease in the number of police recorded drug offences.

• 96% of all drug seizures were made by police forces and four percent of seizures were made by Border Force, however the latter were responsible for seizing a greater quantity of drugs.

• The number of seizures by police forces fell by 15% compared with the pervious year, while those made by Border Force increased by five percent.

Summary of seizures of Class A, Class B and Class C drugs

• There were 29,705 seizures of Class A drugs, a 10% decrease on 2013/14.

• Cocaine was the most commonly seized Class A drug.

• There were 132,253 seizures of Class B drugs in 2014/15 (down 17%). Herbal cannabis accounted for 110,626 of these seizures (15,106 kilograms), and cannabis plants made up 11,612 (367,000 plants).

• There were 6,244 seizures of Class C drugs in 2014/15, an increase of 11% since 2013/14.

The release can be accessed in full at gov.uk

HOC 26/2015: Police pay award 2015-2016 amendments to annex F

This circular publishes amendments to determinations made under the Police Regulations 2003, to implement the police pay award for 2015 to 2016.

It can be accessed in full at gov.uk

PolicePolicing practice

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Proposed changes to PACE Code E

A revised Code E of the Codes of Practice to the Police and Criminal Evidence Act 1984 (PACE) was laid before Parliament on 9 November 2015. It follows a consultation on proposed changes to the Code. The amendments to Code E exempt four types of offences from the requirement that the interviews of individuals regarding indictable offences must be audio recorded. The four types of offences are:

• possession of cannabis

• possession of khat

• retail theft (shoplifting) of property with a value not exceeding £100, and

• criminal damage to a value not exceeding £300.

Under Code E, interviews of suspects about indictable offences which take place at any police station in England and Wales must be audio recorded. The Code was revised in October 2013, extending the requirement to voluntary interviews about indictable offences that take place elsewhere than at a police station.

The revisions to the Code support the operational policy, giving police in England and Wales the option to use out of court disposals for the purpose of dealing with specified low level offences in a proportionate manner. They are implemented through an insertion of a new paragraph 3.1(a)(iii) and a new Annex to the Code.

Following Parliamentary approval, the draft order will bring the revised code into operation 21 days after it is made. Until then, the current Code E remains in force.

The revised PACE Code E can be accessed at gov.uk

The response to the Home Office consultation on PACE Code E can be accessed at gov.uk

Statistics on police powers and procedures published

The Home Office has published the latest statistics on police powers and procedures in England and Wales. The National Statistics release for the year ending 31 March 2015 contains figures on arrests, detentions, road checks, intimate searches, stops and searches, breath tests and fixed penalty notices.

PolicePolicing practice

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Stop and Search

• There were 541,000 stops and searches conducted by police in England and Wales, a fall of 40% compared with the previous year.

• The number of arrests resulting from stops and searches fell by 31% from the previous year, also to the lowest number since the current collection began.

• 14% of stops led to an arrest compared with 12% in the previous year.

• Since the year ending March 2011, stops of BME individuals (down 68%) have fallen by more than those of white individuals (down 55%). Stops on those who were black have fallen by 70%.

Arrests

• There were 950,000 arrests carried out by police in England and Wales, a fall of seven per cent on the previous year.

• The majority (80%) of persons arrested considered themselves to be White. Those who considered themselves to be Black or Black British were almost three times as likely to be arrested as those who identified themselves as White.

• The increase in number of arrests for sexual offences (up 8%) and violence against the person (up 1%) reflected an increase in recorded crime for these offence types.

Fixed Penalty Notices

• There were around 1.02 million fixed penalty notices (FPNs) issued for motoring offences by police in 2014, a fall of 11% compared with the previous year. However, the number of FPNs issued for speed limit offences increased by 4 per cent over this period.

Breath tests

• Police in England and Wales carried out 607,000 breath tests in 2014, a fall of 10% compared with the 676,000 carried out in the previous year. 11% of these were positive or refused, up 1 percent on the previous year.

The release can be accessed in full at gov.uk

Value for money profiles published

The value for money (VFM) profiles have been published by HM Inspectorate of Constabulary for 2015. The profiles provide comparative data on a wide range of policing activities.

The profiles can be accessed at justiceinspectorates.gov.uk

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Training and developmentCollege of Policing publishes draft guidance on mental health

The College of Policing has published draft national guidance, clarifying the role of the police in dealing with incidents involving people in mental health crisis. The draft Authorised Professional Practice (APP) is open for consultation and sets out guidance for police officers and staff when investigating an offence or assisting people with mental health ill health, learning disabilities and difficulties, and other vulnerabilities.

The draft guidance is designed to:

• support officers in making decisions in the best interests of the individual

• provide guidance on de-escalation techniques to help minimise the use of restraint

• break down all relevant legislation (including Mental Health Act 1983 and the Mental Capacity Act 2005)

• provide information on identifying mental vulnerability

• outline what is known about the most effective and considerate ways of communicating with vulnerable people, recognising their individual needs and providing an appropriate police response

• provide advice on multi-agency information sharing and working arrangements, and

• clearly set out the scope and nature of police involvement when assisting healthcare and social services.

The consultation on the draft guidance is open until 1 January 2016 and can be accessed in full at app.college.police.uk

Training and developmentPolicing practice

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Criminal justice systemHOC 25/2015: duty to notify the Home Office of suspected victims of modern slavery

The Home Office has published a circular, covering the introduction of section 52 of the Modern Slavery Act 2015 and the duty to notify the Secretary of State about suspected victims of slavery or human trafficking.

The circular can be accessed in full at gov.uk

Joint inspection report on victim and witness vulnerability published

HM Inspectorate of Constabulary (HMIC) and HM Crown Prosecution Service Inspectorate (HMCPSI) have published a joint inspection report on victim and witness vulnerability. The report, entitled ‘Witness for the prosecution: Identifying victim and witness vulnerability in criminal case files’, found that the:

• quality of service was no different whether a vulnerable victim or witness was involved in the case or not

• police and the Crown Prosecution Service (CPS) must improve their understanding of vulnerability of a victim or witness and how their vulnerability can change as the case progresses through court, and

• police and CPS must strive to understand better their respective contributions to the criminal justice process and eliminate the ‘tick-box’ culture.

The inspection examined the effectiveness of the police in providing accurate information of the circumstances of the case, identifying the vulnerability of victims and witnesses and assessing and managing risks so that their needs are met. It also examined how well prosecutors used the information provided by the police to ensure cases were presented effectively and what happened when the necessary information had not been included by the police.

The report makes a number of recommendations, which include the following.

• The College of Policing should evaluate the learning standards provided to student officers to ensure that case file preparation training focuses on improving police understanding of the purpose of case papers and getting it right the first time, and discourages a tick box culture. Similarly, chief constables should evaluate their local training arrangements.

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• Chief constables should review the templates in use in their force to ensure officers and staff are using the authorised versions which have not been amended or adapted.

• The National Police Chiefs’ Council lead for file quality and the College of Policing should evaluate the effectiveness of the methods used by forces to record witness care information and transfer this information to witness care units and the CPS, to identify and share good practice.

• The College of Policing should develop guidance that will assist officers to understand the complex nature of vulnerability and how it may change in different contexts.

• The National Police Chiefs’ Council’s lead for file quality and the College of Policing should take steps to highlight to officers the particular needs of witnesses who are vulnerable because they are in fear of intimidation from defendants.

The report can be accessed in full at justiceinspectorates.gov.uk

Rape Monitoring Group publish criminal agency data on rape

HM Inspectorate of Constabulary (HMIC), on behalf of the Rape Monitoring Group (RMG), has published 42 digests showing how cases of rape are dealt with at all stages of the criminal justice process. The RMG is made up of representatives from across the criminal justice system and is chaired by HM Inspector of Constabulary. Each digest represents a different local force area, with police-recorded data from the Metropolitan Police Service and the City of London combined to make up the London local area.

The digests pull together a range of Home Office/Office for National Statistics, Crown Prosecution Service (CPS) and Ministry of Justice data on rape in one place. This year, they contain new data on the outcomes for police rape investigations and a breakdown of transferred or cancelled crimes for the first quarter of 2015/16. The data shows why crimes would have fallen into the category formerly known as ‘no crime’ by breaking down crimes that were transferred to other forces to investigate, crimes that were cancelled due to being recorded in error as rape, and where it has subsequently been determined that a crime did not take place.

The Digests can be accessed in full at justiceinspectorates.gov.uk

Criminal justice system

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Review of forensic pathology published

The Home Office has published a review of the provision of forensic pathology services to police and coroners in England and Wales. The review was submitted to the Minister of State for Crime Prevention by Professor Hutton in March 2015. Its main objectives were to examine the functional operation, the organisation and the governance of the service.

The report found that the current forensic pathology service provided by Home Office Registered Forensic Pathologists in England and Wales meets the needs for which it is intended and that the standard of professional practice is high. It also found, however, that the future of the service is fragile.

In relation to the police and forensic and coronial services, there was general agreement from senior police officers that the current service usually meets the needs and interests of the courts and the criminal justice system. The report stated that future changes to the police service might make regionalisation of autopsy services easier to accommodate and simultaneously produce some savings. There was agreement that the experience and skills of the first officer to attend at the scene of an unexpected or unnatural death were critical, and there should be a low threshold for escalation of suspicion until proven otherwise.

Of particular frustration to the police was that although the forensic services worked on a day-to-day basis, there were no proper contractual provisions in place. A nationally agreed user requirement had been produced as a way of correcting this.

The report can be accessed in full at gov.uk

Revised Licensing Act 2003 guidance published

The Home Office has published revised guidance on the use of sections 53A-C of the Licensing Act 2003, which were inserted by section 21 of the Violent Crime Reduction Act 2006 in 2007. It updates guidance published in July 2012. The provisions allow a quick process for attaching interim conditions to a licence and a fast-track licence review when the police consider that the premises concerned is associated with serious crime, serious disorder or both.

The revised guidance can be accessed at gov.uk

Criminal justice system

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Guidance on operating within counter-terrorism legislation published

The Home Office has published guidance of use to any organisation or individual working in a region where terrorist organisations operate. The document has been produced at the request of representatives of various international non-governmental organisations (NGOs) led by Oxfam. It addresses concerns about the risk of prosecution associated with working in areas where terrorist groups operate, and the reputational damage if assets are diverted for the purpose of terrorism.

The guidance document can be accessed in full at gov.uk

Government response on draft RIPA codes published

The Home Office has published a response following a consultation on changes to the codes of practice to the Regulation of Investigatory Powers Act 2000 (RIPA). The consultation, which was launched earlier this year, proposed to:

• update the Interception of Communications Code of Practice, to reflect developments in the law since the code was brought into force in 2002. It also provided more information on the safeguards that apply to the security and law enforcement agencies’ exercise of interception powers.

• publish a new Equipment Interference Code of Practice, explaining when the Security and Intelligence Agencies can lawfully interfere with electronic equipment and the rules and safeguards that govern the use of any information obtained by these means.

Following the publication of the draft codes, 135 replies were received. The document provides a summary of the main responses and comments that informed the revisions to the draft codes of practice which have been laid in Parliament.

The response can be accessed in full at gov.uk

National Preventive Mechanism report published

The sixth annual report of the UK’s National Preventive Mechanism (NPM) has been published. It gives an overview of detention in prisons, police custody, court cells, customs custody facilities, children’s secure accommodation, immigration, military and mental health detention. The NPM was established in 2009 to strengthen the protection of people in detention through independent monitoring. It focuses attention on practices in detention that could amount to ill-treatment, and works to ensure its approaches are consistent with international standards for independent detention monitoring.

The report can be accessed in full at www.nationalpreventivemechanism.org

Criminal justice system

OFFICIALDigest December 2015

© College of Policing (2015)

OFFICIAL 24 Statutory InstrumentsLegislation

Reform of offences against the person published

The Law Commission has published a reform of offences against the person, setting out it’s recommendations for reforms that would replace the Offences Against the Person Act 1861 with modern, clear and logical legislation. The Commission is recommending that the Act be replaced with modern legislation, based on a Bill drafted during an earlier Home Office attempt at reform. The offences are made clearer and presented in a more logical hierarchy and, for some, a requirement has been introduced that the defendant must have foreseen the level of harm caused.

The recommend new offence of ‘aggravated assault’ would carry a maximum sentence of 12 months and be triable only in the magistrates’ court. The new offence would appropriately label those who do more than mere assault, since they cause injury, but who do not deserve a sentence of more than 12 months. The Commission also recommends that the ‘threatening offences’ should be extended to include threats to rape and threats to cause serious injury. This would, the Commission states, allow offending behaviour to be charged and tried at an appropriate level. Currently, there are no offences that fall between a threat to kill, carrying a 10 year maximum sentence, and a threat to assault, with a maximum sentence of six months.

The report can be accessed in full at lawcom.gov.uk

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Protecting the public Supporting the fight against crime

As the professional body for policing, the College of Policing sets high professional standards to help forces cut crime and protect the public. We are here to give everyone in policing the tools, skills and knowledge they need to succeed. We will provide practical and common-sense approaches based on evidence of what works.

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