Freedom of Information and Data Protection

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1 Devon & Cornwall Police Policy Impact Assessment Assessment Date: 15/05/17 Policy/Working Practice Title and Number SA:004 Police Dogs Policy/Working Practice Version Date 03/08/2017 Associated Working Practices DU2 Fatal or Serious Dog Attack Protocol Name of Business Area and Lead Inspector, Dog Unit Name of person carrying out PIA Policy Officer PIA Publication Date 03/08/2017 This PIA was last reviewed on: N/A Freedom of Information and Data Protection Has the policy been FOI marked and exemptions identified? Have the associated working practices been FOI marked and exemptions identified? Does the policy refer to personal information? Do the associated working practices refer to personal information? Are time periods for retention or the process for removal and disposal defined in the document? If no what legislation governs the retention and disposal of the personal information? /N/a Yes/ No/N/a Yes/No/N/a Criminal Procedures and Investigations Act 1996 Police Act 1996 (MoPI) Limitations Act 1980 Policy D032 Health and Safety Do the policy or working practices have any health and safety implications for the public or staff? If yes, are these covered by any of the Generic Risk Assessments? List GRA /N/a GRA 1.1 Patrol Duties 1

2 reference numbers where applicable Has advice been sought from Health and Safety or Occupational Health? Name, date and comments received: GRA 516 PCSOs GRA Dog handling Duties Training GRA Operational Dog Handling GRA Off Duty Dog Handling N/a Equality Impact Initial Screening 1. Significance & Impact: The relevance for equality depends on the nature and extent of the impact not just the numbers of people affected. Do the proposals affect service users, employees or the wider community? Do the proposals significantly affect service delivery, business processes or policy? Does it involve a significant commitment of resources? Do the proposals relate to an area where there are known inequalities? (e.g. hate crime, domestic abuse, accessibility, recruitment & progression) 2. What is the purpose of the policy/working practice? This policy explains the Strategic Alliance (SA) of Dorset Police (DP) and Devon and Cornwall Police (DCP) Polices approach to Police Dogs including as a use of force. It applies to operational officers and Police Staff who use, train and deploy Police Dogs as part of their duties. The prompt and proper utilisation of a trained police dog has proven to be a valuable resource for police forces across the UK. When correctly deployed, they can substantially enhance the safety of both officers and the public, both in terms of protective action and search for vulnerable or wanted persons, property, explosives and/or drugs. Additionally, there is a likelihood of suspect apprehension, with a significantly reduced time-scale for any search of an area or building for such suspects. The strategic aim of the Alliance Dogs Team is the protection of life, apprehension of offenders and prevention of crime. The policy also explains how the Alliance Dogs Team will deal with Dangerous and Banned Breed Dogs and attacks on assistance dogs. 3. Relevance: How does the aim and purpose of the policy/working practice relate to each of the aims of the public sector equality duty? This section must be fully completed for each PIA. 2

3 a) To eliminate unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010 b) To advance equality of opportunity between people from different groups By the implementation of this policy and supporting working practice, the Allaince can ensure that all officers and police staff involved in the use and deployment of police dogs do so in a way that does not discriminate, regardless of any protected characteristic or other factor. Both documents indicate that they are to be used in accordance with the NPCC Police Dog Manual of Guidance, the standards and principles of the code of ethics and the National Decision Model. In the event that a dog handler officer becomes pregnant, a risk assessment is carried out as to how long that officer can continue with front line dog handler duties. c) To foster good relations between people from different groups. No perceived relevance. 4. Is it likely that the proposals could affect particular protected groups differently? Age Disability Sexual Orientation Race Sex Religion or Belief Gender reassignment Pregnancy and Maternity Marriage or Civil Partnership Status Please provide details for each protected group where you have indicated Yes. Sex In Devon and Cornwall, there are 35 dog handler officers, 27 male (77%) and 8 (23%) female. The forcewide distribution of police officers is approximately 70% male officers and 30% female officers. Although there are differences in the representation by gender for police dog handlers, as the actual numbers are low, this difference is not considered to be significant. Age Within Devon and Cornwall, 6 officers fall within the age group, 20 in the age group, 8 in the age group and one in the age group. Although the distribution of officers in the age group is broadly similar in comparison to the force as a whole, the percentage of officers in the age group are higher for dog handlers. The and age groups are slightly under-represented. 5. Have you identified any potential interference or issues in relation to Human Rights? Article 2: Right to Life Article 3: Prohibition of torture Article 4: Prohibition of slavery and forced labour 3

4 Article 5: Right to Liberty and Security Article 8: Right to respect for private and family life Article 11: Freedom of assembly and association Article 1 of protocol 1: Protection of property Article 6: Right to a fair trial Article 9: Freedom of thought, conscience and religion Article 12: Right to marry Article 2 of protocol 1: Right to education Article 7: No punishment without law Article 10: Freedom of expression Article 14: Prohibition of discrimination Article 3 of protocol 1: Right to free elections 6. Where any potential interference has been identified at section 5 please answer sections a-d below: Please note Articles 3,4,7, the first part of 9 as well as protocol 13 are absolute rights and cannot be justified. These must be mitigated within policy. The other Articles are qualified rights and must be justified within policy where mitigation is not possible. a) What is the potential for interference with an individual s rights? Article 2 A police dog, when used to apprehend a person is an instrument of force and the use of that will be judged according to the rules that apply to police use of force and the application of the national decision model. Article 5 Police dogs are used as a lawful instrument of force in the detention or arrest of persons. b) What is the legal basis? Article 2 The use of force, only as much as is absolutely necessary is contained within Article 2 of the Human Rights Act. Article 5 The legal basis for effecting a lawful arrest using force is catered for in the human rights act and PACE. c) Are the interferences necessary? What are the legitimate aims? Article 2 and 5 The potential interferrences are considered necessary to enable both forces to fulfil their statutory obligations. d) Are the interferences proportionate? See (c) 6. Proceed to full Equality Impact Assessment? 7. Seen by Equality and Diversity Unit Name: Date: Comments: 4

5 8. Approved by Business Lead Sent to Diversity 15/05/17 No response received. Name: Head of Alliance Operations Signature: Date: 19/06/17 If progressing to full Equality Impact Assessment use the Equality and Diversity EIA template and start at step 2 (box 8). Both PIA and EIA together constitute a full EIA document. 5