Codes of Practice For Use of the Serious Crime Analysis Section

Transcription

1 Codes of Practice For Use of the Serious Crime Analysis Section For copyright specific enquiries, please telephone the Serious Crime Analysis Section on Page 1 of 9

2 TABLE OF CONTENTS 1 INTRODUCTION Reasons for the Code Existing ACPO guidance Purpose of the Code Statutory Basis of the Code Scope of the Code BASIC REQUIREMENTS OF THIS CODE Scope of the Code Criteria for submission Level of Compliance Timeliness of Compliance Data Protection/ECHR considerations Auditable Records of Submissions Performance monitoring...7 APPENDIX ONE CASE MATERIAL REQUIRED BY SCAS...9 Page 2 of 9

3 1 INTRODUCTION 1.1 Reasons for the Code The Serious Crime Analysis Section (SCAS) is the only national unit with a remit to analyse major crime as a central service in support of the investigative and preventive operations of police forces within the United Kingdom It exists to assess, process, maintain and utilise information submitted by police forces relating to serious crimes with a sexual element. This information is examined by SCAS staff, and entered on to a database recording a wide range of characteristics of the circumstances, modus operandi, geographic and other attributes of offences, and what may be known about offenders or suspects The resulting database is used to analyse the characteristics of cases recorded on the system, so as to bring to light elements which may suggest or confirm links between cases As the database grows, and as experience in using the data increases, these techniques have the capability of identifying links between cases which may not immediately be perceived as linked, and thus to enable information derived from one case to be used to provide additional investigative opportunities for another. SCAS provides a service to investigators, in the form of both standardised analysis and, where requested by investigators, special analyses tailored to the demands of particular cases. In certain circumstances SCAS can also provide products to assist with the prosecution of suspects by way of supporting or producing evidence for court The effectiveness of this approach is dependent on police forces submitting to SCAS all relevant or potentially relevant cases, and the fullest possible information about those cases. Failure or delay in doing so may not only damage the operational effectiveness of forces whose information is thereby omitted from the database. It may also limit the effectiveness of investigations in other force areas, if as a result possible links to unreported cases remain unknown and unexplored In extreme cases omission or delay in submission of relevant information could delay or prevent the arrest of offenders who may go on to commit other serious sexual offences. Page 3 of 9

4 1.2 Existing ACPO guidance The Crime Committee of the Association of Chief Police Officers (ACPO) has already agreed on the importance of full compliance by all forces in England and Wales in submitting material to SCAS. As a result of developing use of the database, the then Home Secretary and ACPO perceived a clear operational need for a common framework for submission of material to SCAS, and for procedures to monitor and, over time, to create a continuing improvement in levels of compliance. 1.3 Purpose of the Code To establish minimum standards in relation to timeliness, quantity and quality of submissions to SCAS To stipulate criteria for offences relevant for submission to SCAS To specify individuals within forces who are ultimately responsible for ensuring good compliance with SCAS Codes of Practice To ensure data protection and European Commission on Human Rights (ECHR) requirements of the ViCLAS database held by SCAS are fulfilled To ensure forces keep an accurate system of records in relation to submissions to SCAS To detail what information will be used to monitor the compliance performance of forces 1.4 Statutory Basis of the Code This code of practice first came into effect on 10th January 2006 and was subsequently amended in January 2012 (to reflect changes to the SCAS case submission criteria) The code of practice is made under: Section 39 of the Police Act 1996, which permits the Secretary of State to issue codes of practice relating to the discharge by police authorities of any of their functions Section 39A of the same Act (see Section 2 of the Police Reform Act 2002) which permits the Secretary of State to issue codes of practice for the purpose of promoting the efficiency and effectiveness of police forces in England and Wales relating to the discharge of their functions by chief officers. Page 4 of 9

5 1.5 Scope of the Code The code applies to all police forces within England and Wales, replaced the ACPO Crime Committee agreement for compliance to SCAS Scottish police forces, Police Service of Northern Ireland (PSNI), military police forces and forces not funded by the Home Office do not fall within the remit of this code, but are required to adopt the code as best practice Nothing in this code alters the existing legal powers or responsibilities of any chief officer of police, or any other police officer. Page 5 of 9

6 2 BASIC REQUIREMENTS OF THIS CODE 2.1 Scope of the Code An officer of ACPO rank within each force must be responsible for ensuring all compliance targets are achieved. 2.2 Criteria for submission Police forces are required to submit full case papers (see Appendix One) to SCAS for all offences involving male or female victims and unless indicated otherwise including attempts, within the following criteria 1 : Where the relationship between the offender and victim is stranger or unknown: All murders with a sexual element Murders with an unknown motive, in consultation with SCAS All rapes All abductions with a sexual element (does not include attempts) All lesser sexual offences with any of the following aggravating factors: a. Presence of a weapon b. Excessive violence c. Burglary Where the victim and offender are known to each other but they have not had a previous sexual relationship: All murders with a sexual element 2.3 Level of Compliance Police forces are required to submit at least 90% of all offences that are within SCAS criteria occurring in their force area per annum Full case papers (see Appendix One) must be submitted for offences that fall within SCAS criteria. 1 Please refer to SCAS for more detailed information relating to the SCAS Case Criteria Page 6 of 9

7 2.4 Timeliness of Compliance For offences falling within SCAS criteria all available case papers must be submitted to SCAS within 20 working days of the offence notification to force Some offence scenarios will prevent forces from obtaining and submitting full case papers within the specified timescales and where clear justification exists, forces are exempt from submitting full case papers within the timeframes specified in All outstanding case papers (from Appendix One) must be submitted as soon as they become available. This will ensure analytical work is timely and is of maximum operational use. 2.5 Data Protection/ECHR considerations To ensure data is accurate and satisfies ECHR and data protection requirements, forces are responsible for checking ViCLAS database entries and completing and returning signed ECHR forms which state the record is accurate. This must be completed within 14 days of receipt of the ViCLAS entry from SCAS Forces are responsible for forwarding case updates, such as charging of a suspect, for existing SCAS submissions. These must be forwarded within 7 days of coming to notice. 2.6 Auditable Records of Submissions Chief Officers will ensure auditable systems are in place detailing SCAS submissions by their force Such systems should include the following information: The number of cases submitted to SCAS within a given period, for example within a specific month The timeliness with which cases are notified to SCAS The timeliness with which case papers are submitted to SCAS. 2.7 Performance monitoring SCAS are responsible for producing performance reports for Chief Officers detailing: The number of cases submitted to SCAS from their force within a given period, for example a specific month The timeliness of notifications to SCAS. Page 7 of 9

8 The timeliness of case paper submission to SCAS. Page 8 of 9

9 APPENDIX ONE CASE MATERIAL REQUIRED BY SCAS Rape and other Sexual Offences Information required (when available): Victim statement or video interview or verbatim interview transcript (essential) Descriptive SCAS form (essential) Suspect/Offender details (essential) Case summary/officer In Case (OIC) report Crime report Any other relevant witness statements Doctor statement or report Any relevant photographs E-fits produced Offender interview Any other relevant intelligence Murder Information required (when available): Case summary/senior Investigating Officer (SIO) report (essential) Pathologist statement (essential) Suspect/Offender details (essential) Scene photographs (essential) Scenes Of Crime Officer (SOCO) report (essential) Descriptive SCAS form (essential) Personal descriptive form for the victim Statement of last sighting of victim Statement from first officer at scene Crime report Offender interview Post Mortem photographs E-fits Background of victim Any other relevant witness statement Page 9 of 9