BCH09/001 Major Crime Unit Policy

Transcription

1 BCH09/001 Major Crime Unit Policy Deployment Terms of Reference March /02/ :22:56 Page 1 of 14

2 TABLE OF CONTENTS 1. POLICY AIM APPLICABILITY Inclusions Exclusions THE POLICY ASSOCIATED DOCUMENTATION Legislation/ National Guidance Strategy/ Plan Policies Procedures Forms (National/ Local) WHO TO CONTACT ABOUT THIS POLICY EQUALITY ANALYSIS /02/ :22:56 Page 2 of 14

3 1. POLICY AIM 1.1 The aim of this policy is to establish the remit of the Joint Bedfordshire, Cambridgeshire and Hertfordshire Major Crime Unit (MCU). 2. APPLICABILITY 2.1 Inclusions This policy and the associated procedure applies across the three counties but in particular to officers and staff in the following roles: All police officers and police staff based in the MCU Initial Investigating Officers Officers deployed to support MCU lead operations irrespective of appointment length 2.2 Exclusions Police Officers and staff who are NOT posted to the MCU. 3 THE POLICY It is the policy of Bedfordshire Police, Cambridgeshire and Hertfordshire Constabularies to provide a joint MCU capability to investigate all allegations of serious crime as defined within the terms of reference within Bedfordshire, Cambridgeshire and Hertfordshire. One of the principal aims of this policy is to ensure that all investigations of major crime are conducted in an ethical and transparent manner. Additionally this policy makes for unambiguous interpretation of the crime types that the Major Crime Unit will hold primacy of We will achieve our aim working together with our partnership agencies and extended Police family to heighten public reassurance and to limit the impact of these crimes on our communities Each investigation will be structured according to its requirement as each crime is likely to bring its own peculiar problems and demands. Certain categories of major crime will follow set procedures and guidance, for example murder. 3.2 Murder / Manslaughter The MCU will attend all reports of suspicious death following discussion with the on call senior Detective in Bedfordshire, Cambridgeshire or Hertfordshire. A suspicious death is defined as any death where it appears there are some grounds to suspect or some reason to suppose that the deceased was killed unlawfully. 19/02/ :22:56 Page 3 of 14

4 3.2.2 The MCU will not attend cases of sudden death where there are no suspicious circumstances but will be available to offer advice and consultative support if required In Cases where there are no suspicious circumstances but prevailing factors, such as the high profile of the persons involved or public interest then the MCU will support local resources subject to consultation with the on call MCU SIO The MCU will at the direct request of the PSD on call attend deaths in custody or deaths related to the police use of lethal force under Article 2, HRA. The IPCC have primacy based on Ramashai v Netherlands 2007 and the MCU SIO must act on the direction of the IPCC lead investigator or instructions passed from them via the PSD On call. The MCU will NOT be called out for Death or Serious Incidents (DSI) that sit outside of this criteria e.g. incidents normally managed via PSD on call, suspect commits suicide shortly after leaving police custody On each occasion where the MCU is called to a suspicious death the on call Senior Investigating Officer (SIO) for the MCU will discuss the case with the Bedfordshire/Cambridgeshire/Hertfordshire on call senior Detective and make a determination as to who should take primacy in the initial investigation. For clarity the on call senior Detective in Bedfordshire/Cambridgeshire/Hertfordshire has primacy of the investigation until it is formally handed over to the MCU with the full knowledge and consent of the MCU If the circumstances of the death are such that it appears likely that a murder or other homicide investigation will ensue then MCU will usually take primacy immediately Should the investigation ultimately reveal that there were no suspicious circumstances and the MCU have assumed primacy they will retain the case and take it to conclusion of any investigation In other cases where the circumstances surrounding the death are less clear cut / unexplained, the MCU may provide resources to the investigation but leave primacy with the on call senior Detective in Bedfordshire/Cambridgeshire/Hertfordshire. That senior Detective may call on the MCU SIOs for advice if needed or may call on experienced SIOs within Force for advice according to availability In such circumstances if the investigation progresses to a point at which it is clear the death is a homicide then the MCU will assume primacy at that point Any dispute between the on call senior Detective and the on call MCU SIO will be referred to the Detective Superintendent - Head of Unit (HOU). 3.3 Attempted Murder Attempted murder investigations will be the responsibility of the MCU where: a life threatening injury where there was an intent to kill or a non-life threatening injury as a consequence of a firearm discharge where there existed an intent to cause serious harm The MCU may be called to any attempted murder following discussion with the on call senior Detective in BCH, where the victim has sustained life threatening injuries and there is a possibility the victim will die. 19/02/ :22:56 Page 4 of 14

5 3.3.4 Where the injuries sustained by the victim are severe but there is some question as to whether or not the injuries are life threatening the case will be discussed by the MCU on call SIO and the Bedfordshire/Cambridgeshire/Hertfordshire on call senior Detective. A decision will be made as to who will take primacy. For clarity the on call senior Detective in Bedfordshire/Cambridgeshire/Hertfordshire has primacy in the investigation until it is formally handed over to MCU with the full knowledge and consent of MCU The MCU may provide resources to facilitate the early investigation of the offence. Nevertheless the principle consideration is whether it is likely or possible that in due course a murder investigation will ensue. Some victims die days or weeks after the initial assault on them and best practice demands that these cases are treated as murder investigations from the outset The ability to refer life threatening cases to the MCU where a murder investigation may be required must not be abused. It is imperative that a comprehensive early investigation is undertaken by the local on call senior Detective to establish the prognosis of the victim(s) to enable an informed decision making process of primacy moving forward Where it appears an offence of attempt murder has been committed but there is no life threatening injury this investigation will be retained in Force. An example of this would be an attempted shooting where the offenders miss the intended victim and in such a case the victim suffers no injury whatsoever The key consideration in terms of attempt murder for the time being therefore will be whether there is a substantial risk that the victim will die as a result of the injuries. 3.4 Stranger Rape An allegation of rape will fall into the remit of the MCU where these specific elements are known to be present from the outset The victim has never met the suspect(s) prior to the offence and The victim has been abducted, threatened to remain by force or weapon, or imprisoned by the offender(s) or Due to the likely size and complexity, the investigation should be managed on Home Office Large Major Enquiry System (HOLMES) Factors likely to impact on the likely size and complexity of the investigation are the presence or otherwise of serial offending and whether or not the offender can be readily located and arrested (the deployment of the MCU will be more readily justified where the investigation entails a manhunt) The MCU will not take primacy of allegations of Stranger Rape until a thorough and complete basic investigation has been conducted to ensure that the criteria at have been sensibly assessed. The on call SIO BCH will be sufficiently briefed to be able to discuss points 1 & 2 with the MCU On-Call SIO such that an assessment of both the investigation and the ongoing risk to public safety can be properly concluded. 19/02/ :22:56 Page 5 of 14

6 3.5 Crime In Action - Kidnap The MCU will investigate allegations of kidnap where the crime is in action and: The abduction or holding of a hostage is with the intention of extorting money or other valuables, or securing some substantial concession for the hostages safe return Allegations must include evidence of abduction, or being held, and a demand. Where an abduction is reported that falls short of the definition of kidnap an immediate response should be instigated by the respective Oscar One and remain under local management. An MCU SIO can be contacted for advice The MCU will deploy an SIO who will lead the investigation in the case of a kidnap The MCU will also provide staff to gather evidence and undertake a reactive investigation to bring the offenders to justice Where proactive resources are required to assist, the force that hosts the enquiry will have responsibility to provide those roles. This includes negotiator and surveillance assets. ERSOU have undertaken to provide green room facilities Where the host force cannot provide resources, assistance may be sought through the regional Kidnap memorandum of understanding. 3.6 Crime In Action - Blackmail / Extortion The MCU will investigate allegations of extortion where: There is an imminent risk to life or The crime is a crime in action and The identity of the offender is unknown or The sum being extorted is substantial 3.7 Crime In Action - Product Contamination The MCU will investigate allegations of product contamination where: 19/02/ :22:56 Page 6 of 14

7 There is a risk to the welfare of the public and The crime is a crime in action 3.8 Work Related Death The MCU may take primacy for an investigation where - A fatality has resulted from an incident arising out of, or in connection with, work or voluntary activity; Or the injuries are so serious that death is likely to occur, and The injuries are not as a result of a road traffic collision, and The culpability of the death is likely to be such that an individual or organisation should be considered for prosecution; and It is not an investigation that would, in any event, be the prime responsibility of the Health and Safety Executive to lead to conclusion It may not be necessary that the MCU take primacy on every occasion of a reported death arising from work related activity, however the MCU will undertake an investigation where: Due to the likely size and complexity, the investigation should be managed on Holmes, and There is a suspicion that the death may be the result of an organisational failure. The on call senior Detective should contact the on call MCU SIO for advice The initial investigation will be undertaken by Local Area and initial discussions with the on call MCU SIO will determine the appropriate course for primacy; The MCU will have responsibility for investigations where death has occurred and there is an allegation of medical negligence Investigations of this nature will be referred to the MCU through the respective Head of Crime. 3.9 Child Sexual Exploitation (and Child Sexual Abuse) Sexual exploitation of children and young people under 18 involves exploitative situations, contexts and relationships where young people (or a third person or persons) receive something (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing, and/or another or others performing on them, sexual activities. Child sexual exploitation can occur through the use of technology without the child s immediate recognition; for example being persuaded to post sexual images on the internet/mobile phones without immediate payment of gain. In all cases, those exploiting the child/young 19/02/ :22:56 Page 7 of 14

8 person have power over them by virtue of their age, gender, intellect, physical strength and/or economic or other resource. Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child or young person s limited availability of choice resulting from their social/economic and/or emotional vulnerability The risks, complexity, and abhorrent nature of CSE is highly resource intensive. This type of investigation has the potential to increase exponentially from the original objectives of a new enquiry. This type of investigation is commonly linked to wider organised criminality and presents huge challenges to statutory bodies in investigating and managing risks to young people Therefore there will be variances to CSE that may require tailored MCU support and it would be restrictive of the policy to try and be overly prescriptive. Therefore the MCU Head of Department should be contacted at the point a new investigation is recognised by any of the three forces. Dialogue should commence to determine the appropriate entry point for MCU resources. CSE investigations generally fall into one of three categories. In general terms the MCU will support the most complex cases that are the most resource intensive i.e a Category 3 case. Category 1. A CSE case which can be retained by the force CSE unit and not requiring any additional resourcing. Single victim, single or joint perpetrators. Category 2. A CSE case which can be retained by the force CSE unit but requires additional support from outside of the department. Such inquiries will be managed under an incident room format and may utilise HOLMES. The SIO will be the CSE unit or divisional equivalent. The support provided by the MCU may consist of HOLMES support (including training) and the short term secondment of detectives to assist with outside enquiries and suspect interviews. Category 3. Those CSE cases that entail disclosures from multiple victims, identifying multiple perpetrators. Cases of this complexity should be managed within the MCU command structure working alongside a victim team seconded from the originating force. Agreement regarding the transfer of any CSE case to MCU will be reached between departmental heads in accordance with the MCU Remit Policy, part Any Other Investigation, (excerpt below) Fail to Stop Fatal Road Traffic Incidents (Manhunt) The MCU will have responsibility for locating the suspect (manhunt) in Fail to stop (FTS) road traffic incidents where the outstanding suspect is believed to be responsible for causing in whole or part the incident; The MCU on call SIO will be contacted by the Roads policing SIO after they have personally assessed the nature of the incident On arrest of the suspect MCU may provide advice and assistance (Tier 5 Interview Advisor / Case Advisor) through the custody process. 19/02/ :22:56 Page 8 of 14

9 Roads policing will retain primacy for the investigation into the road traffic incident and subsequent judicial proceedings Any Other Investigation Responsibility for investigations outside of those detailed in this document will be assumed by MCU where the respective force ACPO representative and ACPO lead for Joint Protective Services (or his/her Deputy) agree on deployment Any deployment will be subject to the setting of appropriate terms of reference Individual forces may require requests for MCU support in these circumstances, to pass through their individual tasking mechanisms prior to the request being made. This is a matter for individual forces to consider Requests for resources on a short term basis should be made through the HOU. If the HOU is unavailable the request should be made to the MCU on call DI or DCI. Where the request is urgent the on call SIO will advise whether resources are available. Any support will be provided on the understanding it may be withdrawn to meet major crime demands at any time. 4 ASSOCIATED DOCUMENTATION 4.1 Legislation/ National Guidance 4.2 Strategy/ Plan The Bedfordshire Policing Plan The Cambridgeshire Policing Plan The Hertfordshire Policing Plan 4.3 Policies BCH09/001 Major Crime Policy 4.4 Procedures BCH09/002 Major Crime Unit - Remit BCH09/003 Major Crime Unit Training and Development BCH09/004 Major Crime Unit Cold Case Team BCH09/005 Major Crime Unit Kidnap & Extortion BCH09/006 Major Crime Unit - Corporate Manslaughter and Deaths in Healthcare Settings Procedure BCH09/007 Major Crime Unit HOLMES 19/02/ :22:56 Page 9 of 14

10 BCH09/008 Major Crime Unit - Review and Case Closure BCH09/009 Major Crime Unit - Homicide and Unexplained Death BCH09/010 Major Crime Unit - Quality Assurance BCH09/011 Major Crime Unit - Witness Care BCH09/012 Major Crime Unit - Work Related Death BCH09/013 Major Crime Unit - Investigation of Deaths on MOD Premises BCH09/014 Major Crime Unit Exhibits BCH09/015 Major Crime Unit Child Rescue Alert BCH09/016 - Archiving Procedure BCH09/017 - Major Crime Unit - Human Tissue Act Procedure BCH09/018 - Major Crime Unit CCTV Policy and Procedure 4.5 Forms (National/ Local) 5 WHO TO CONTACT ABOUT THIS POLICY Head of Bedfordshire, Cambridgeshire and Hertfordshire Major Crime Unit. 6 EQUALITY IMPACT ASSESSMENT (EIA) EQUALITY IMPACT ASSESSMENT Name of Sponsor Name of Author Description of proposal being analysed Head of MCU Head of MCU MCU Remit - Policy Date EIA started Date EIA finished 19/02/ :22:56 Page 10 of 14

11 This Equality Impact Assessment is being undertaken as a result of: Delete as appropriate A new or updated policy or procedure. Any business process including operational and managerial decisions A result of organisational change Part of a project proposal Procurement Other (please state) Note For ease of use of this document, we will refer to all of the above as proposal STEP 1 Relevance The general duty is set out in section 149 of the Equality Act In summary, those subject to the Equality Duty must have DUE REGARD to the need to: eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. Authors have a statutory requirement to have DUE REGARD to the relevant protected characteristics shown below, whilst taking a common sense approach age disability gender reassignment marriage & civil partnership* pregnancy and maternity race religion or belief sex sexual orientation *marriage and civil partnership the analysis applies only to the elimination of unlawful discrimination, harassment and victimisation. Section 23 of the Equality Act 2006 allows the Equality and Human Rights Commission (EHRC) to enter into a formal agreement with an organisation if it believes the organisation has committed an unlawful act. Under section 31 of the Equality Act 2006, the EHRC can carry out a formal assessment to establish to what extent, or the manner, in which a public authority has compiled with the duty. Additional guidance can be found by accessing the EHRC website: Does this proposal have a direct impact on people who: a) are any part of the Police workforce (including volunteers)? b) reside in any part of England and Wales YES YES If NO to both questions Explain why and give rational No Further 19/02/ :22:56 Page 11 of 14

12 Action and Return to Sponsor for Authorisation If Yes to either question Continue through to Step 2 STEP 2 Consultation / Engagement You should engage with those people who have an interest in how you carry out your work generally, or in a particular proposal. This may include former, current and potential service users, staff, staff equality groups, trade unions, equality organisations and the wider community. In deciding who to engage, you should consider the nature of the proposal and the groups who are most likely to be affected by it. The proposal owner (Sponsor/Author) must be satisfied that consultation / engagement will take place with the relevant business lead and stakeholders. This MUST include engagement with the following relevant groups: Equality and Diversity Specialist Staff Associations Staff Support Groups Relevant community groups and members of the public In addition, consider who else should you consult with internally and externally? Who might be affected? Does what you are considering further the aims of the general duty, to eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. Identify the risks and benefits where applicable, according to the different characteristics. Positive Impact or Benefits Negative Impact or Risks Age (Consider elderly or young people) Disability Groups (Consider physical, sensory, cognitive, mental health issues or learning difficulties) Gender Reassignment (Consider transgender, Transsexual, Intersex) Marriage & Civil Partnership 19/02/ :22:56 Page 12 of 14

13 Pregnancy and Maternity Race and Ethnic origin includes gypsies and travellers.(consider language and cultural factors) Religious / Faith groups or Philosophical belief (Consider practices of worship, religious or cultural observance including non belief) Sex (Male, Female) Sexual orientation (Consider known or perceived orientation, lesbian, gay or bisexual) Have you considered how this decision might affect work life balance? (Consider caring issues re: childcare & disability, safeguarding issues, environmental issues, socio economic disadvantage, and low income families.) Positive Impact or Benefits Yes and there are no obvious Negative Impact or Risks Yes and there are no obvious STEP 3 Assessment Complete the EIA by analysing the effect of your proposal and detail the outcomes. What were the main findings from any consultation carried out? What feedback has been received? Using the information you have gathered and consultation that you have undertaken answer the following questions. This will help you to understand the effect on equality your proposal might have. Has the feedback indicated any problems that need to be addressed? Describe and evidence any part of the proposal which could discriminate Can the adverse impact identified be justified as being appropriate and necessary? 19/02/ :22:56 Page 13 of 14

14 If so, state what the business case is: Where impact and feedback identified, what, if anything can be done? What outcome will be achieved that demonstrates a positive impact on people? STEP 4 - Monitoring and Review Equality analysis is an ongoing process that does not end once a document has been produced. What monitoring mechanisms do you have in place to assess the actual impact of your proposal? Review Date: First review must be no later than one year. STEP 5 - Sign Off Once the Equality Impact Assessment is complete it should be signed off by the Proposal Sponsor. This sign off is confirmation that the analysis is accurate, proportionate and relevant and actions will be delivered as required. Approved by Senior Officer / Proposal lead Document Version Control October 2015 Final de-draft published for Jan 2016 go live. 23 rd Feb 2016 Child Death amendments added previously agreed but omitted in error. 23 rd Feb 2016 PSD referral / support paragraph added. 19 th March 2016 Further amendment to PSD para at at request of T/DCS Paul Fullwood 19/02/ :22:56 Page 14 of 14