Scottish Police Federation

Transcription

1 Scottish Police Federation 5 Woodside Place Glasgow G3 7QF JCC Circular 28 of 2018 Ref: CS/KB 26 June 2018 Attachments: Court Change Guidance Doc, Court Change EqHRIA, Mandatory Consultation Feedback, Health & safety Compliance Record, IM Compliance Assessment Record Form Dear Colleague Court Change for consultation-compliance I refer to the above ad attached self-explanatory documentation. If you have any comments please reply to consultation@spf.org.uk by 7 July Yours sincerely Calum Steele General Secretary

2 IM COMPLIANCE ASSESSMENT RECORD SOP/Document Date Checked by Compliant? If no, indicate whether compliance can be achieved by resubmitting the Assessment Record form having provided a response/action to the issues raised below or if the whole SOP will require to be resubmitted ISSUES Each comment should be given an appropriate heading e.g. General, Data Protection, Human Rights, Record Management, Information Security, GPMS, Freedom of Information Comment/Action required for compliance: Response / action taken: Name Date PUBLICATION Can the SOP be made publicly available in its present form? Yes/No Action required/information redacted to enable publication:

3 Court Change Guidance Owning Department: Version Number: 0.00 (to be published as version 0.00) Date Published: DD/MM/YYYY

4 Compliance Record Equality and Human Rights Impact Assessment (EqHRIA) Date Completed / Reviewed: Information Management Compliant: Health and Safety Compliant: Publication Scheme Compliant: DD/MM/YYYY Yes / No Yes / No Yes / No Version Control Table Version History of Amendments Approval Date 1.00 Initial Approved Version DD/MM/YYYY 2.00 Amend as Required DD/MM/YYYY

5 Contents 1. Purpose 2. Citations and Countermands 3. Responsibilities 3.1 Officers 3.2 Line Managers 3.3 Resource Deployment Unit / Line Managers (Non RDU Supported Areas) Appendix A Appendix B Appendix C Shift Change Guidance Matrix Change Flowchart List of Associated Reference Documents

6 1. Purpose 1.1 This guidance document is intended to support the Citations (Police Officers and Staff) Standard Operating procedure. 1.2 The application of this policy applies to officers only. For Police Staff, refer to relevant Terms and Conditions. 1.3 Attending court as a witness is a requirement for police officers and one which will often have a detrimental impact on both personal circumstances and operational resilience. 1.4 Through the implementation of this process Police Scotland aims to manage the duty roster for staff, maintain operational resilience while complying with regulations and determinations and safeguarding officer welfare. 1.5 The duty roster exists for a rolling 3 month period and all shift changes and variations referenced in this document relate to this period. The force will continue to publish a roster which will detail the indicative rest day pattern for officers beyond the 3 months. Court citations applied to this indicative roster are not subject to the terms of the Workforce Agreement. 2. Citations and Countermands 2.1 All criminal citations are generated by the Crown Office and Procurator Fiscal Service (COPFS). The majority of these are received electronically by Police Scotland through ICRS, E-Citation or Image with the exception of those officers located in C Division. 2.2 Countermands are received in the same manner with the exception those notified at short notice where they are generally ed by COPFS to the appropriate Resource Deployment Unit (RDU), Divisional Coordination Unit or local administrative function. 2.3 Citations for Solemn Procedure cases and non-criminal courts such as Civil Proof, Children's Hearing etc. are normally delivered in paper form, often directly to the officer concerned. Sheriff and Jury citations can be a mix of both paper and electronic. 2.4 Citations received for solemn cases will be for a specific date and time but will be valid for the entire sitting of the court session, 2/3 weeks in some areas. A court marker will be placed on the officer's roster to indicate citation on the initial date only however the officer will remain cited for the entire sitting until excused or countermanded.

7 2.5 When officers are told they are not required for the first day of a 'sitting' and that they will be told later when to report at court this is not the same as a countermand. It is important that the details of any return date and time are communicated to the officer's line manager and RDU as soon as possible in order that their duty roster can be updated. 2.6 COPFS will often use the term 'Stand By' when advising officers of dates they may be required. Police Scotland does not recognise this term in relation to rostered duties and an officers duties will remain unchanged until a date for attendance is confirmed. 2.7 For officers who are on Special Leave, Annual Leave, absent or suspended the relevant Standard Operating Procedures (SOPs) for guidance signposted in Appendix C should be considered. 2.8 Officers cited to attend court as a private individual, either as a witness or victim should refer to the Citations (Police Officers and Staff) Standard Operating Procedure SOP. Their shifts will be amended in line with the process detailed for officers attending court in their role as an officer. 3. Responsibilities 3.1 Officers Officers should be fully aware of all duties allocated on the duty roster. Please refer to PNB 2017/ Officers receive automatic notifications through SCoPE of all changes to the duty roster including those for court or countermands. On receipt they should check the duty roster for that day and the preceding day / days to familiarise themselves with any resulting changes When stood down from court they must advise their line manager or duty supervisor and have the court release function updated. If this is not done officers will not be able to claim overtime through SCoPE. It is also important that the officer advises the Area Control Room in order that they appear as an available resource on STORM An excusal form will be submitted on every occasion when a citation is received for a day of annual leave, during a period of annual leave or a period of provisional leave. Where excusal is declined officers are required to attend court and will be compensated in line with Police Regulations Where official confirmation is received that they have been excused from court they will ensure the duty roster is updated Where a paper citation is received for a criminal or civil court they will, without delay, ensure that the duty roster is updated.

8 3.1.7 Where officers are cited for court on a rest day they will be compensated in line with regulations. 3.2 Line Managers Line managers should be aware of automatic notifications through SCoPE as a result of courts or countermands and should monitor the roster to ensure they are aware of the ongoing abstractions caused by court duties Line managers / duty supervisors are responsible for updating the court release times for officers. It is also important that this indicates whether or not evidence was given. The Area Control Room must be advised when an officer is released from court in order that they appear as an available resource on Storm Line managers must ensure that an excusal form is submitted on every occasion when a citation is received for an officer that lands on an annual leave day, a period of annual leave or provisional leave Where official confirmation is received that an officer has been excused from attending court the line manager will ensure that the duty roster is updated either by the RDU, where applicable or in person Line managers will ensure the duty roster is updated when a paper citation for a criminal or civil court is received. 3.3 Resource Deployment Unit / Line Managers (Non RDU Supported Areas) The RDU will have the responsibility for managing the duty roster for officers attending court and any resulting countermands. Legacy provision will continue in those divisions not currently supported by an RDU When a court marker is applied to the duty roster officers will not appear on the core operational base level (OBL) during the hours they are at court Where necessary RDUs or line managers will vary the duties of the officer on the day of court and the preceding days to ensure compliance with policy and legislative position. (See Appendix A for examples and parameters followed) RDUs, or line managers where applicable, will address any resulting shortfall in the OBLs. This will often result in an amendment to the starting time for other officers to ensure the staffing numbers are sufficient to meet OBLs RDUs, or line managers where applicable, will ensure officers do not attend court and then report for a further separate duty (split shift) during the same force day. Likewise officers will not complete a late or night shift and then attend court without taking the minimum 11 hours between shifts. The only exception will be where the exigencies of duty prevents the officer from finishing duty at their rostered shift end time.

9 3.3.6 Where a countermand is received and relates to a court date that falls on what was originally a working day with less than 28 days from the date of countermand the court marker will be removed but the officer's shift will not be amended Where the countermand relates to a date more than 28 days away the court marker will be removed and the shift reverted to the original starting time Where a countermand is received and relates to a court date that falls on what was originally a rest day with more than 7 days' notice from the date of countermand the court marker will be removed and the Officers roster will be reverted back to rest day with no compensation.

10 Appendix A Shift Change Guidance Matrix 5 Week VSA - Court Affecting Early / Day Shift Shift times may vary depending on where the VSA is worked but the principles remain the same. Where additional travelling time dictates an earlier starting time on the day of court this may affect the starting and finishing time on the preceding shift. 11 hours must be rostered between shifts. The following examples deal with both the day of the court and also the days or days preceding court. Yellow highlighting indicates a change of shift. 5 Week VSA - Court on early shift. Amended duty E E E E Court Week VSA - Court on day shift Amended duty D D D D Court Week VSA - Afternoon court time on early shift. Amended duty E E E E Court - PM

11 5 Week VSA - Court Affecting Late Shift Shift times may vary depending on where the VSA is worked. The principles remain the same. Where additional travelling time dictates an earlier starting time on the day of court this may affect the starting and finishing time on the preceding shift. 11 hours must be rostered between shifts. 5 Week VSA - Court on first late shift. Amended duty L L L L Court Week VSA - Court on second late shift Amended duty L L L L Comp. Court Rest Week VSA - Court on third or fourth late shift Amended duty L L L L Comp. Court Rest Week VSA - Court on first rest day Amended duty L L L Comp. Court Rest

12 5 Week VSA - Court Affecting Night Shift Shift times may vary depending on where the VSA is worked. The principles remain the same. Where additional travelling time dictates an earlier starting time on the day of court this may affect the starting and finishing time on the preceding shift. 11 hours must be rostered between shifts. The exigency allows for the shift change on the day of court. 5 Week VSA - Court on first night shift. Amended duty N N N N Court Week VSA - Court on second night shift. Amended duty N N N N Comp. Court Rest Week VSA - Court on third or fourth night shift. Amended duty N N N N Comp. Court Rest Week VSA - Court on first rest day following night shift Amended duty N N N N Comp. Court Rest

13 VSA 2x2x2 - Court Affecting Early / Day Shift Shift times may vary depending on where the 2x2x2 is worked. The principles remain the same. Where additional travelling time dictates an earlier starting time on the day of court this may affect the starting and finishing time on the preceding shift. 11 hours must be rostered between shifts. Example VSA 2x2x2 block of shifts E E L L N N VSA 2x2x2 - Court on early shift E E L L N N Court VSA 2x2x2 - Afternoon court time on early shift E E L L N N Court VSA 2x2x2 - Court on first late shift (morning or afternoon court) E E L L N N Court VSA 2x2x2 - Court on second late shift E E L L N N Court

14 VSA 2x2x2 - Court on first night shift E E L L N N Court VSA 2x2x2 - Court on second night shift. E E L L N N Comp. Rest Court VSA 2x2x2 - Court on first rest day. E E L L N N Comp. Rest Court

15 Appendix 'B' Change Flow Chart Citation Recieved Early / Day shift Late Shift Night Shift Rest Day Annual Leave Day Morning Citation No shift change required 0900hrs shift applied. (Earlier if required for travel) On first night shift 0900hrs shift. (earlier if required for travel) 15 clear days or more notice. Less than 15 clear days notice Court marker applied to roster, No shift will be applied Afternoon citation shift amended to 1800hrs finish Where duty on the previous day is a late shift, the shift will be amended to 1300hrs start and where necessary Compensatory Rest applied to allow 11 hours between shifts Afternoon citation amend shift starting time to 1300hrs. (Earlier if required for travel) N.B. Officers wishing to take time off as TOIL or Annual Leave during the period of Compensatory Rest will have to account for all hours on their base shift e.g. 9 or 10 hours On second or subsequent Night Shift 0900hrs shift on day of court. Shift on day before to be amended to 1800hrs start with Compensatory Rest allocated from 2200hrs to allow 11 hours between shifts. (Short shift) Afternoon citation where an officer is cited for an afternoon court after a Night Shift, the previous shift will be varied to 1800 start and Compensatory Rest applied to allow 11 hours between shifts. Nightshift (2x2x2 pattern) Shift amended to 0900hrs start and shift before amended to allow 11 hours between shifts. 8 hour shift ( hrs) applied. RRRD allocated in line with Workforce Agreement. (Earlier shift if traveling required) Court on following Late Shift shift on day before to be amended to 1300hrs start and where necessary Compensatory Rest applied to allow 11 hours between shifts Court on following Night Shift Shift on day before to be amended to 1800hrs start with Compensatory Rest allocated from 2200hrs to allow 11 hours between shifts. (Short shift) Court marker applied to roster, No shift will be applied Court on following Late Shift shift on day before to be amended to 1300hrs start and where necessary Compensatory Rest applied to allow 11 hours between shifts Court on following Night Shift Shift on day before to be amended to 1800hrs start with Compensatory Rest allocated from 2200hrs to allow 11 hours between shifts. (Short shift) Officers will claim overtime at the applicable rate through SCOPE. All hours of work will be reflected on the roster following the submission of the claim. If citation lands on first annual leave day, shifts will be amended in line with a citation a rest day with less than 15 days notice

16 Appendix C List of Associated Reference Documents Standard Operating Procedures Annual Leave and Public Holiday (Police Officer) Citations (Police Officers and Staff) SOP Special Leave Suspension From

17 NOT PROTECTIVELY MARKED Consultation Feedback Name of Policy / Procedure Being Assessed Organisation (Only provide one composite return from your organisation) Name Title / Position Organisation Feedback Relating to the Attached Document Comment / Suggestions (Please refer to relevant section / paragraph of document when commenting) Response / Action Taken by Owning Department Name Rank / Position Department / Division Response / Comments (Please remark on any changes made as a result of consultation comments above. If no changes made please provide rationale) NOT PROTECTIVELY MARKED Pg 1 of 1 V5-A0917

18 NOT PROTECTIVELY MARKED Health and Safety Compliance Record Document Details Name of Document: Version Submitted: Date Submitted: H&S Compliance Observations Is document compliant in current format: Yes No If no, provide comment on what action must be taken to ensure compliance, including details of who is responsible and proposed / estimated timescales: Name: Date: Response / Action taken: Name: Date: NOT PROTECTIVELY MARKED Page 1 of 1 V1-A1214

19 Division File Path Record Operational Support Division Department Resource Deployment Unit Police Scotland / SPA Equality and Human Rights Impact Assessment (EqHRIA) This form is to be completed in accordance with the instructions as set out in the EqHRIA SOP and the EqHRIA Form Guidance. Name of Policy / Practice (include version number) Owning Department Court Change Guidance Document Resource Deployment Unit. 1. Purpose and Intended Outcomes of the Policy / Practice - Consider why this policy / practice is being developed / reviewed and what it aims to achieve. The purpose of the Court Change Guidance Document is to provide a framework by which the attendance for all officers will be managed in a consistent manner and which adheres to Police Regulations, Police Negotiating Board (PNB) circulars and determinations, Working Time Regulations and the Police Service of Scotland Workforce Agreement for Federated Ranks. 2. Other Policies / Practices Related or Affected - Which other policies / practices, if any, may be related to or affected by the policy / practice under development / review? Adoption Maternity and Paternity SOP. Annual Leave and Public Holiday (Police Officer) SOP. 3. Who is likely to be affected by the policy / practice? (Place X in one or more boxes) No impact on people Police Officers Special Constables / Cadets SPA / Police Staff Communities Partnerships Page 1 of 7 V4-A0218

20 3.1 Screening for Relevance to Equality if the policy / practice is considered to have no potential for direct or indirect impact on people, an Equality Impact Assessment is not required. Provide information / evidence to support this decision below, then proceed to Section 5 of the form, otherwise complete all sections. 4. Equality Impact Assessment - Consider which Protected Characteristics, if any, are likely to be affected and how. 4.1 Protected Characteristics Groups 4.2 Likely Impact Positive, Negative or No Impact (Assessment of Low / Medium / High impact) 4.3 Evidence Considered (e.g. legislation / common law powers, community / staff profiles, statistics, research, consultation feedback) Note any gaps in evidence and any plans to fill gaps. 4.4 Analysis of Evidence (Summarise how the findings have informed the policy / practice include justification of assessment of No Impact) General / Relevance to All No impact Police Service of Scotland Regulations 2013 Working Time Regulations 1998 Police Service of Scotland Workforce Agreement All officers including those with protected characteristics will be treated equally and uniformly across Police Scotland. The Organisational Equality Outcome (EO) Profile as at 31/03/17 highlights Police Officers fall within the following age bands: (5%) (31%) (34%) (29%) (1%) 65+ (0%) Age No impact This guidance ensures that all officers regardless of age are treated in accordance with the legislative position as outlined in Working Time Regulations and Police Regulations. Source: Police Scotland Workforce Profile at 31 March Disability No impact Attendance at court is a requirement of all officers regardless of disability. This guidance recognises the Procedures are outlined in force SOPs Page 2 of 7 V4-A0218

21 Gender Reassignment Marriage and Civil Partnership Pregnancy and Maternity No impact No impact No impact need to comply with Working Time Regulations which will benefit officers. Attendance at court is a requirement of all officers regardless of gender. Attendance at court is a requirement of all officers regardless of disability. Adoption Maternity and Paternity SOP sets our guidance for attendance at court. Race No impact Attendance at court is a requirement of all officers. Religion or Belief Sex No impact No impact The organisational EO Profile as at 31/03/17 highlights 2% of Police Officers identified as belonging to 'all other religions (or other belief) which includes Buddhist, Hindu, Jewish, Muslim Sikh religions and other beliefs. 16% of Police Officers choose not to disclose. Source: Police Scotland Workforce Profile at 31 March The Organisational EO Profile as at 31/03/17 highlights that 70% of Police Officers are male and 30% are female. Source: Police Scotland Workforce Profile at 31 March 2017 and Police Scotland Equality and Diversity Mainstreaming Progress Report 2017 This guidance recognises the need to comply with Working Time Regulations. This guidance recognises the need to comply with Working Time Regulations which will benefit all officers. Procedures are outlined in force SOPs. Nothing in this guidance changes the current procedure as it relates to officers on maternity or paternity leave. This guidance recognises the need to comply with Working Time Regulations which will benefit all officers. This guidance recognises the need to comply with Working Time Regulations which will benefit all officers. This guidance recognises the need to comply with Working Time Regulations which will benefit all officers. Sexual Orientation No impact The Organisational EO Profile as at 31/03/17 highlights 3% of Police Officers have identified as gay, lesbian or bisexual (LGB). Source: Police Scotland Workforce Profile at 31 March This guidance recognises the need to comply with Working Time Regulations which will benefit all officers Page 3 of 7 V4-A0218

22 5. Human Rights Impact Assessment - Consider which rights / freedoms, if any, are likely to be protected or infringed? 5.1 Rights / Freedoms Relevant to Policing 5.2 Assessment Protects and / or Infringes or Not Applicable 5.3 Analysis What evidence is there as to how the process / practice protects or infringes Human Rights. 5.4 Justification Summarise the following: Legal Basis Legitimate Aim Necessity Article 2 Right to Life Not Applicable Article 3 Prohibition of Torture Not Applicable Article 4 Prohibition of Slavery and Forced Labour Not Applicable Article 5 Right to Liberty and Security Not Applicable Article 6 Right to a Fair Trial Not Applicable Article 7 No Punishment without Law Not Applicable Article 8 Right to Respect for Private and Family Life Protects Provides protection for officers in line with the Working Time Regulations Article 9 Freedom of Thought, Conscience and Religion Not Applicable Article 10 Freedom of Expression Not Applicable Page 4 of 7 V4-A0218

23 Article 11 Freedom of Assembly and Association Article 14 Prohibition of Discrimination Protocol 1, Article 1 Protection of Property Not Applicable Not Applicable Not Applicable 6. Decision - Decide how you will proceed in light of what your analysis shows (Place X in appropriate box) Actual or potential unlawful discrimination and / or unlawful interference with human rights have been identified, which cannot be justified on legal / objective grounds. Stop and consider an alternative approach. Proceed despite a potential for discrimination and / or interference with human rights that cannot be avoided or mitigated but which can and have been justified on legal / objective grounds. Proceed with adjustments to remove or mitigate any identified potential for discrimination and / or interference in relation to our equality duty and / or human rights respectively. Proceed without adjustments as no potential for unlawful discrimination / adverse impact on equality duty or interference with human rights has been identified. 7. Monitoring and Review of Policy / Practice - State how you plan to monitor for impact post implementation and review policy / if required, and who will be responsible for this. We have consulted with the Scottish Police Federation (SPF) who have been keen to see the introduction of a standardised process for managing attendance at court, particularly around the adherence to Police Regulations and Working Time Regulations. As a result the requirement to adopt a national standard has been written into the recently negotiated Force Workforce Agreement. The SPF sit on the Force Resourcing Group and the Working Practices Review Board where Court Change will be reviewed and opinions aired Page 5 of 7 V4-A0218

24 8. Mitigation Action Plan - State how any adverse / disproportionate impact identified has been or will be mitigated. Issue / Risk Identified Action Taken / to be Taken Action Owner / Dept. Completion Date Progress Update 9. Management Log 9.1 EqHRIA Author Log Name and Designation Stuart Wright, Resource Deployment Manager Date (DD/MM/YY) 21/05/2018 Comments Name and Designation Comments This guidance has been introduced to ensure that all officers are treated equally and in line with the legal framework outlined in Police Regulations and Working Time Regulations every time they are cited for or countermanded from court. Date (DD/MM/YY) Name and Designation Date (DD/MM/YY) Comments 9.2 Quality Assurance Log Name and Designation Comments Date Document Version Page 6 of 7 V4-A0218

25 Name and Designation Date Comments Name and Designation Date Comments Document Version Document Version 9.3 Divisional Commander / Head of Department Log Name and Designation Date (DD/MM/YY) Comments Name and Designation Date (DD/MM/YY) Comments Name and Designation Date (DD/MM/YY) Comments 9.4 Publication of EqHRIA Results Log Name and Designation Comments Name and Designation Comments Name and Designation Comments Date Published Date Published Date Published Location of Publication Location of Publication Location of Publication Page 7 of 7 V4-A0218