Rape and Serious Sexual Offences Investigation Combined Policy

Transcription

1 Rape and Serious Sexual Offences Investigation Combined Policy Reference No. P02:2009 Implementation date and Version Number (of this version) Linked document Reference No / Name V1.1 Dorset Police Investigation Policy 2009 CORE INVESTIGATIVE DOCTRINE 2005 NPIA Guidance on Investigating and Prosecuting Rape 2009 NPIA Guidance on Investigating and Prosecuting Rape 2010 (abridged version) National sources of operational support and intelligence for rape investigations Police and CPS Protocol for Rape and Serious Sexual Offences Achieving Best Evidence Guide to Interviewing Victims and Witnesses (2011) NPIA Investigating Child Abuse and Safeguarding Children 2009 NPIA Investigating Child Abuse and Safeguarding Children 2009 Addendum Suitable for Publication Policy Section Yes Procedure Section No Protective Marking Not Protectively Marked PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE. Table of Contents Policy & Procedure /2009 and 2.0

2 1. Policy Section Statement of Intent Aims and Rationale Visions and Values Securing Trust and Confidence Standards Legal Basis Equality Analysis and Assessment Victims, Witnesses and Persons Subject to Investigation Implications Monitoring / Feedback Consultation and Authorisation Consultation Authorisation of this version Version Control Review Version History Document History...8 Policy & Procedure /2009 and 2.0

3 1. Policy Section 1.1 Statement of Intent Aims and Rationale This policy and procedure must be read in conjunction with NPIA Guidance on Investigating and Prosecuting Rape 2009 and Dorset Police Investigation Policy 2009 Dorset Police aims, by working in partnership with other agencies, to bring about safer communities, reduce disorder, crime and the fear of crime and to contribute to the delivery of justice in a way, which secures and maintains public confidence. The policing of Dorset will focus on bringing the Police and the Community together in the fight against crime. The requirement for positive action in serious sexual offence cases incurs obligations at every stage of Police response. These obligations extend from initial deployment to the response of the first officer on the scene, through the whole process of investigation and the protection and care of victims. Action taken at all stages of the Police response should ensure the protection of victims whilst allowing the criminal justice system to hold the offender to account. An effective and proactive investigation should be completed in all cases where a serious sexual offence is reported. As part of this aim the Force is committed to the prevention and detection of crime, the protection of vulnerable communities and preserving the rights of individuals. In pursuit of these commitments the Force has established a sexual assault referral centre known as ARC Dorset, located in Bournemouth, which services the Force area. ARC Dorset enables safeguards, support and sexual health services to be offered to victims whether or not they wish to make a formal police report of the incident. The aim of this policy is to: Describe Dorset Police s approach to the investigation of rape and serious sexual offences Support the treatment of victims who make allegations of rape and serious sexual offences Take effective action against offenders so that they can be progressed through the criminal justice system Increase confidence in the criminal justice system and encourage more victims to report rape and serious sexual offences to the Police Ensure the identification of linked serious sexual offences Ensure a partnership approach by Dorset Police, the Crown Prosecution Service and Voluntary organisations to provide an effective service to victims. 1.2 Visions and Values Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for You Our strategic priority is to achieve two clear objectives To Make Dorset Safer To Make Dorset Feel Safer In doing this we will act in accordance with Our Values of: Policy & Procedure /2009 and 2.0

4 Integrity Professionalism Fairness and Respect 1.3 Securing Trust and Confidence Dorset Police is committed to the principles of One Team, One Vision A Safer Dorset for The document seeks to achieve the Priority to Make Dorset Feel Safer by Securing Trust and Confidence. Research identifies that this is achieved through delivering services which: 1. Addresses individual needs and expectations 2. Improve perceptions of order and community cohesion 3. Focus on Community Priorities 4. Demonstrate Professionalism 5. Express Force values 6. Instil confidence in staff 2. Standards 2.1 Legal Basis The standard of service delivery and priorities of Dorset Police in responding to suspected cases of rape and serious sexual offences are based on the ACPO (2009) Guidance: NPIA Guidance on Investigating and Prosecuting Rape 2009 and NPIA Guidance on Investigating and Prosecuting Rape 2010 (abridged version) along with the Dorset Police Investigation Policy 2009, CORE INVESTIGATIVE DOCTRINE 2005, National sources of operational support and intelligence for rape investigations, Police and CPS Protocol for Rape and Serious Sexual Offences, Achieving Best Evidence Guide to Interviewing Victims and Witnesses (2011), NPIA Investigating Child Abuse and Safeguarding Children 2009 and the Dorset Police Child Protection and Abuse Investigation Policy Equality Analysis and Assessment During the creation of this document, this business area is subject to an assessment process entitled People Focus and Equality Assessment (EA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 3. Victims, Witnesses and Persons Subject to Investigation Any or all of the parties involved in a sexual abuse incident might have a disability. People with learning disabilities may not understand what is happening and some medical conditions can manifest themselves in behaviour, which can easily be misinterpreted. Officers must recognise the victim s inability, owing to these factors to remove themselves from abuse or that they may also present significant risk not only to themselves but also to their families and as such may need specialist support. Policy & Procedure /2009 and 2.0

5 Link to: No Secrets Not Protectively Marked The victim s race, gender, culture, ethnicity, disability, sexuality and first language should be given due consideration by the OIC and investigation team and all incidents and crimes should be investigated for potential aggravated offences where any of these factors feature. The police knowledge of the victim s disability, sexuality, family s religion, culture, customs and beliefs may have a bearing on their understanding of any account given by them, including the language and allusions that they may have for example in relation to punishment. The investigating team needs to bear in mind that some witnesses may have experienced discrimination and/or oppression through their contact with government agencies and local authorities. Their experiences of racism, for example, may result in them distrusting the professionals involved in an investigative interview. Asylum-seeking witnesses and refugees may have a fear of disclosing abuse because of what may happen to them and their family. It is also important that the investigating team considers the complexities of multiple discrimination, e.g. as might be the case with a homosexual witness from a minority ethnic community, and of individuals experiences of discrimination. The specific needs and experiences of dual-heritage witnesses must also be taken into account. Some possible relevant considerations include the following, although this list is in no way intended to be exhaustive: The relationship to authority figures within different minority ethnic groups. For example, witnesses from some cultures may be expected to show respect to authority figures by not referring to them by their first names, and by not correcting or contradicting them; The manner in which love and affection are demonstrated; Issues of shame. For example, witnesses from some cultures may be inhibited from talking about a sexual assault for fear of shaming their family. Dorset Police will establish from every victim and witness what service they would like from their contact with us. The initial contact and investigation should establish the specific needs relating to the victim s or witness s circumstances. This will include their racial, ethnic and cultural background and gender, disability and sexuality. The subsequent provision of service, subject to a proportionate response, will reflect these requirements: the seriousness of the offence, rather than the capacity of the victim, should form the basis for any police investigation. It is important that officers consider these matters in relation to each individual witness, rather than work from assumptions based on stereotypes. Being sensitive to such factors should contribute to a safe non-judgemental environment for the witness. In recognising the diverse needs of victims, witnesses and others, Dorset Police will provide the appropriate facilities to optimise communication ensuring a fair and thorough process. This includes portable video interview kits, which can be used to interview victims and witnesses in an environment where they are comfortable (e.g. home, school, hospital). Officers should identify what Achieving Best Evidence special measures may be required as soon as possible in any investigation and appropriate preparation must be undertaken prior to interviewing a disabled witness. This should include seeking advice and information on their method of communication, their conceptual understanding, concentration span and the impact of a particular impairment. Of particular relevance for disabled witnesses (and very young children) is the Intermediary Special Measure, which allows for the involvement of an intermediary from the Policy & Procedure /2009 and 2.0

6 outset of the investigation through to interview and trial. The function of the intermediary is to ensure that communication between the witness and the criminal justice system is accurate, complete and coherent. For further information: Witness Intermediary Scheme. It is the duty of the OIC to ensure that victims and witnesses are informed at the relevant points of any investigation as required by the Victims Code and Witness charter and the specific requests made at the onset of the investigation by the victim or witness are highlighted and acted upon. 4. Implications This procedure has been drafted and audited in accordance with the principles of Human Rights Legislation and the Race Relations (Amendment) Act 2000, the Disability Discrimination Act 1995 the Policing Bureaucracy Gateway and Freedom of Information Act In the application of this procedure Dorset Police will not discriminate against any persons regardless of gender, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with national minority, property, birth, or other status as defined under Article 14, European Convention of Human Rights (ECHR) and Race Relations (Amendment) Act Monitoring / Feedback Dorset Police are committed to ensuring that our policies and working practices are working to achieve our priorities. To monitor performance and development in this area the Force engages in the following quality assurance processes: Audits and reviews. Multi-agency safeguarding boards. Serious Case Reviews. Organisation learning / peer review. Multi-agency working. Local Safeguarding Childrens Boards. Local Safeguarding Adults Boards. Professional Standards Department. External reviews HMIC and similar. This policy will be reviewed annually using the results from the above reviews to ensure compliance and necessitate policy change where required. Detective Superintendent CID Investigations will oversee this process. Feedback relating to this policy can be made in writing or by to: Address: DI 160 Derbyshire, Bournemouth Police Station sarah.derbyshire@dorset.pnn.police.uk Telephone: Policy & Procedure /2009 and 2.0

7 This policy will be monitored by Detective Superintendent Glen, Director of Investigations Feedback relating to this policy can be made in writing or by to: Address: DI 160 Derbyshire Bournemouth Police Station Madeira Road Bournemouth BH1 1QQ Telephone: Consultation and Authorisation 5.1 Consultation (A hard copy signed by all persons is required for version 1.0 and any major amendment. For minor amendments completion of the consultation section is at the discretion of the business manager) This Version (insert no.) Police Federation Name Signature Date Superintendents Association UNISON Other Relevant Partners (if applicable) 5.2 Authorisation of this version (A hard copy signed by all persons is required for version 1.0 and any major amendment. For minor amendments a typed name and date is sufficient) This Version Name Signature Date 1.1 Prepared: DI 160 Derbyshire S. Derbyshire Quality assured: DCI 2363 Grant F. Grant Authorised: Supt 2749 S. Glen Approved: (ACPO / Chief Officer portfolio owner) Not required if only minor amendment. N/A Policy & Procedure /2009 and 2.0

8 6. Version Control Not Protectively Marked 6.1 Review Every policy or procedure is subject to two processes of continuing review. A general review of its continuing relevance and accuracy called a Fit for Purpose Review Date of next Fit for Purpose review Date: Version History Version Date Reason for Change Created / Amended by 1.0 Initial Document DS 1188 Barritt Revision DI 160 Derbyshire 6.3 Document History Present Portfolio Holder (Relevant Chief Officer) Present Document Owner (Head of Department, Divisional Commander or a Senior Manager) Present Owning Department Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: ACC Glanville DCI 1698 Trevillion Crime and Criminal Justice HQ CID Name of Board: Strategic Crime and Criminal Justice Board Date Approved: 10/06/2009 Chief Officer Approving: ACC Glanville Template version Feb 2011 Policy & Procedure /2009 and 2.0