NOT PROTECTIVELY MARKED. Derbyshire Constabulary INVESTIGATION OF RAPE AND SERIOUS SEXUAL ASSAULTS POLICY POLICY REFERENCE 06/116

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1 Derbyshire Constabulary INVESTIGATION OF RAPE AND SERIOUS SEXUAL ASSAULTS POLICY POLICY REFERENCE 06/116 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Crime Support Date Approved: April 2004 Review Date: September

2 INDEX Heading Page No 1. Policy Identification Page Legislative Compliance Introduction Policy Statement Procedures Monitoring and Review Appeals Appendices

3 1. Policy Identification Page Policy title: Registry Reference number: 06/116 Investigation of Rape and Serious Sexual Assaults Policy Policy implementation date: April 2004 Policy review date: September 2015 Department / Division responsible: Policy owner: Crime Support Head of Department Last reviewed by: DS Kully Grewal Pollard Date last reviewed: Impacts on other policies / guidance / documents (list): September 2014 HMIC Thematic Inspection on the Investigation of Rape April 2002 ACPO Guidance on Investigating Serious Sexual Offences 2005 NPIA Guidance on Investigating and Prosecuting Rape 2010 Victim Code 2006 MAPPA Policy Sex Offender Policy Dangerous Persons Policy Police and Criminal Evidence Act 1984 Vulnerable Witness Policy Protected Witness Support Policy Freedom of Information Criminal Procedures Investigations Act 1996 and Disclosure Manual 2005 Stern Review 2010 Security Classification: Disclosable under FOI Act: YES Policy to be published on Intranet YES Policy to be published on Force Website YES Policy disclosable to public via FOI request YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction An allegation of rape or of serious sexual assault is one of the most serious crimes investigated and the trauma which victims experience presents the police service with unique challenges. We have made continuous efforts to improve victim care in these types of offences and this policy and procedure brings together a framework of guidelines and best practice which are to be exercised in every offence of this nature. 4. Policy Statement Derbyshire Constabulary will ensure that the investigation of rape and serious sexual assaults are properly resourced and conducted thoroughly, professionally and to high ethical standards having regard to diverse issues and considerations. This will establish and maintain a corporate approach to the investigation of rape and serious sexual offences. 5. Procedures 5.1 An allegation of rape or of a serious sexual assault is one of the most serious major crimes investigated and the trauma which victims experience presents the police service with unique challenges. 5.2 The Derbyshire Police have made continuous efforts to improve victim care in rape and serious sexual assault investigations and this policy brings together lessons learned in a single document. 5.3 It is now incumbent on all staff to ensure that the standards set in this policy are complied with so that we can be confident that we are delivering the highest possible service to victims of rape and other serious sexual assaults. 5.4 This policy builds on Her Majesty s Inspectorate of Constabulary (HMIC) Thematic Inspection on the Investigation of Rape, April 2002 and the Action Plan of Police Forces October

5 5.5 Detailed information about the investigation of rape and serious sexual offences can be found in the ACPO Guidance on Investigating Serious Sexual Offences 2005 and the NPIA Guidance on Investigating and Prosecuting Rape Aim To improve the quality of investigations and enhance victim care The priorities of Derbyshire Police responding to serious sexual offences are to: - Improve the investigation of serious sexual offences. Improve the treatment of victims who make allegations of serious sexual offences. Take effective action against offenders so that they can be held accountable through the criminal justice system. Increase confidence in the criminal justice system and to encourage more victims to report serious sexual offences to the police. Use existing national systems to record information and intelligence that will assist in the identification of linked serious sexual offences. Adopt a proactive multi-agency approach in the development of services to victims The legal obligations underpinning the above priorities include the duties within the Human Rights Act 1998 and the European Convention on Human Rights 1951 (ECHR) to protect life and to protect individuals from inhuman and degrading treatment Both the convention and other legislation, such as the Equality Act 2010 place a clear responsibility on public authorities to fulfil these obligations without discriminating on any grounds. All victims of serious sexual offences should receive the appropriate quality of service according to their individual needs. All allegations will be properly investigated and offenders held accountable through the criminal justice system, without discrimination A Sexual Assault Referral Centre (SARC) is defined by the Home Office as: - A one-stop location where victims of sexual assault can receive medical care and counselling whilst at the same time having the opportunity to assist the police investigation into alleged offences, including the facilities for a high standard of forensic examination We currently have four such facilities situated around Derbyshire which are dedicated to victim care and forensically secure: - 1. Millfield House, Codnor, open 24/7 for victims aged 16 and over. 2. Old St. Mary s Hospital, Manchester for child and adult victims from high peak open 24/7. 5

6 5.7 Purpose 3. The Den, Chesterfield PS open 24/7 for any victim under 16yrs for child protection medical. 4. The Family Unit at St. Mary s Wharf Police Station Derby for victims under 16yrs open 8am 8pm To provide clear guidelines to all personnel who come into contact with victims of serious sexual offences or are involved in the investigation of such cases. 5.8 Definition of Rape and Serious Sexual Offences Serious sexual offences are defined as: - Rape, assault by penetration and sexual offences committed in circumstances deemed to be especially serious by an Investigating Officer, together with any attempts to commit such offences. 5.9 Reporting or Referrals from other Agencies Officers or call handling staff should obtain and record as much information from the complainant or victim as possible. Officers should record a verbatim first account from the victim, asking appropriate questions to ascertain the details of the offence. However, intimate and detailed questioning of a victim of a serious sexual offence will not be appropriate during the report taking Information may be received through contact with other agencies as a documented or verbal referral. This information should be recorded and the Detective Inspector to be notified in order to progress the investigation If the victim is unable to speak English, consider using the support of other specialist agencies or the Language Helpline for the initial account If the victim is a child, is the child competent to provide information or to give consent to a medical examination (consider Fraser Competence). Working together with other agencies must be a priority in these cases albeit taking into consideration the victim s views and circumstances, consider Joint Local Children s Safeguarding Board Child Protection Procedures. See Appendix B What do Fraser guidelines refer to? 5.10 Immediate Victim Care The first priority of the Police in responding to a report of a serious sexual offence is to protect the victim and any other persons at risk, including children and police officers On receipt of a complaint of an offence of rape or serious sexual assault the following action will be taken: - If a complaint is received from a victim via a telephone call, contact will be maintained with the victim until the arrival of a Police Officer or until it is ascertained that they are in a safe environment. 6

7 If the report is made personally at police premises, the victim should be immediately taken out of the public arena and into a private room and given reassurance. The FCR Supervisor must be informed immediately. In cases of historical rape, details will be obtained and arrangements made with the victim that day to enable full disclosure. The victim of any such assault should be supported and treated with sensitivity and consideration. Counselling can be arranged during the investigation and shouldn t be delayed if it is necessary. However, accurate and up to date records should be kept and CPS should be informed for disclosure purposes. Officers must take steps to ensure that the medical needs of the victim are assessed and met. If the victim requires immediate medical treatment, an ambulance should be called and an officer should accompany the victim to the nearest hospital. The victim should be advised not to wash, go to the toilet, eat, drink or smoke until the first officer attending has had the opportunity of obtaining initial forensic evidence. Consider the use of an Early Evidence Kit (see Force Form 754 as at Appendix A). Officers must use the Early Evidence Kit to obtain a sample of urine and mouth swab (if appropriate) Initial Police Response Once basic facts have been established, the following personnel must be contacted immediately: - Incident Control Room Supervisor. Detective Inspector with responsibility for that territorial area or, in their absence, the Duty Detective Inspector on call The following principles must be adhered to during the initial response by the officers notified above: - Identification and preservation of the scene(s). These include victim, suspect, crime scene and any known property disposal sites. The securing and preservation of forensic evidence. Identification of potential witnesses. Identification of the suspect. Allocation of a trained Sexual Offence Liaison Officer to immediately attend to the victim. Allocation of a Detective Constable to commence the investigation. To minimise contamination, by ensuring that the victim and suspect are dealt with by different officers, transported in different vehicles and examined at different locations by different Forensic Physicians. With the victim s consent, they should be taken to SARC at the earliest opportunity. 7

8 5.12 Action at Scene Reassess victim and officer safety, including any immediate risk All scenes should be identified, secured and protected. The Detective Inspector is available to advise on the type and extent of scene protection. A Major Incident Scene Log will be commenced by the first officers in attendance at each and every relevant scene identified. The Section Supervisor will take responsibility for ensuring that the scene remains secure and sterile until released by the Senior Investigating Officer All scenes will be forensically examined by a Crime Scene Investigator Role of Senior Investigating Officer A Detective Inspector will perform the role of Senior Investigating Officer and maintain an overview of all offences of rape and serious sexual assault. They will be responsible for ensuring that the enquiry is adequately resourced and is being treated as a priority investigation. They will ensure that the 2010 NPIA Guidance on Investigating and Prosecuting Rape is adhered to The SIO will also be responsible for maintaining Policy Logs detailing all decisions, strategies and reviews made in connection with the investigation First Review The SIO will be responsible for recording and maintaining the following documents: - 1. Major Incident Officer s Disclosure Notebook Form 940 (PINK) 2. Incident Decision Log Form 2601 (BLUE) Both documents will be completed as required during the management of an investigation by the SIO. In cases of Stranger Rape the completion of the Incident Decision Log is mandatory The SIO should conduct a review of the investigation within 24 hours or as soon as practicable after the offence has been reported. This should be documented in the Policy Log The points to be covered are as follows: - Victim care Scene examination and searches Recovery of evidence and initial forensic strategy Arrest/process of any suspect Priority lines of enquiry Identification of witnesses Use of media Community impact Resource requirements Fast track actions 8

9 5.15 Second Review The SIO will be responsible for conducting a second review of the investigation after a seven day period has elapsed. This will include a more detailed examination of the following points: - Initial victim and ongoing care Arrest and process of any suspects Forensic strategy and submissions Ongoing lines of enquiry Strategic direction of investigation Intelligence strategy Use of media Resource levels 5.16 Third Review If the offence remains unresolved after a 28 day period the SIO, in conjunction with an appropriate Detective Chief Inspector, will conduct an independent final review of the case before consideration is given to its being filed Role of Investigating Officer The Investigating Officer in all cases of rape and serious sexual assault must hold the rank of Detective Sergeant. They will be responsible for ensuring the following: - The victim is safe and treated in a sensitive and professional manner and a Sexual Offence Liaison Officer is utilised. That the victim is examined by a Forensic Physician at the Sexual Assault Referral Centre or at a designated Victim Examination Suite (authorised by the SIO) and the relevant forensic samples obtained. The aim being to recover evidence to support the fact that a sexual assault has taken place without consent. The Sexual Offence Liaison Officer must accompany the victim when this examination takes place and is responsible for the recovery of exhibits relevant to the examination. Clothing from the victim is seized to maximise all forensic opportunities. Where possible clothing should not be removed prior to the forensic medical examination but should only be delayed for this purpose if there is no likelihood of losing potential evidence. The seizure of the victim s clothing should be done in a sensitive and dignified manner, with replacement clothing being made readily available. A comprehensive statement of evidence is obtained from the victim by a suitably trained Officer. This may take the form of a video interview in accordance with guidelines within Achieving Best Practice in Criminal Proceedings Guidance on interviewing victims and witnesses and using Special Measures. The video interview must be monitored by a member of the Investigation Team. 9

10 The victim is referred, with their consent, to the relevant medical and victim support agencies after the initial evidence gathering stage. Sexual Violence Advocate (ISVA) from SV2 will usually be allocated. Clothing from the arrested suspect(s) is quickly seized to maximise all forensic opportunities. This will be undertaken by officers who have not been to the scene or have had any contact with the victim to avoid contamination of evidence. The seizure of the suspect s clothing should be conducted in a sensitive and dignified manner, with replacement clothing being made readily available. The medical examination of the suspect should be in the presence of a police officer who has not been involved with the victim (cross examination issues) who should make notes throughout the examination, particularly in relation to any significant statements. Intimate samples are taken from the suspect on arrest, in accordance with the appropriate PACE authorities. The suspect is interviewed by suitably accredited Detective Officers one of whom must be a substantive Detective. Consider any community impact. The completion of a crime report in accordance with national crime recording standards. All cases involving a person under the age of 18 years are notified to the Public Protection Central Referral Unit who will consider if it is necessary to make a referral to Social Services. At all times the victim is kept fully updated as to the progress of the investigation Victim s Code of Practice All forensic submissions will be made in a timely manner Cases involving familial abuse of children should be referred to the Detective Sergeant in the Central Referral Unit who will assume primacy of the investigation. This will be conducted in accordance with Local Children s Safeguarding Board child protection procedures. Non familial offences are investigated by divisional resources (advice is available from Detective Sergeant Child Abuse Investigation Unit). These investigations must also be conducted in accordance with the Local Children s Safeguarding Board Child Protection procedures Any investigation of a serious sexual offence should include an assessment of the continuing risk posed to the victim or potential victims by a suspect and the appropriate action taken to safeguard those involved. 10

11 Where an investigation is concluded and concerns still exist about the risks presented by a suspect, details should be referred to broader public protection systems that can assess and manage the risks, MAPPA etc Lines of Enquiry The Investigating Officer will ensure that all lines of enquiry are conducted expeditiously in an effort to detect the offence and bring the offender to justice. The following lines of enquiry should be considered in all offences: - Identification of early complaint and potential witnesses. Identification of and search of all scene(s). Recovery of forensic evidence. Early submission of items to the Forensic Science Services following consultation with the Scientific Support Manager, ensuring relevant witness statements accompany the exhibits. House to house enquiries. CCTV. Media appeal. Intelligence checks re victim, suspect and similar offences The Investigating Officer will ensure that a current situation report is completed in respect of every undetected case. The completion of such a report is paramount when the offence remains unsolved, as the case may be reviewed and subsequently reinvestigated. It also ensures that all relevant aspects of an investigation and documentary evidence are retained for future reference Crime Recording and Serious Crime Analysis Section The National Crime Recording Standard clearly defines when a report will be recorded and retained as a crime on the Crime Recording System. The only exception to this rule is where there is credible evidence to the contrary to disprove the crime had occurred A crime must always be recorded and kept as a valid crime where: - The victim confirms a crime has occurred but declines to support a police investigation or prosecution. or After an initial complaint is received the victim refused to confirm the crime has occurred or later makes a withdrawal and in both circumstances there is supporting evidence to indicate, on the balance of probabilities, a crime did in fact occur. 11

12 An allegation can only be classified as no crime in circumstances where the victim admits the offence did not take place and there is no credible evidence to the contrary. A statement or pocketbook entry must be obtained from a victim who wishes to withdraw a complaint. This statement or pocketbook entry must outline the reasons for withdrawal In all cases of stranger rape or of a serious sexual offence, with aggravating circumstances, the Serious Crime Analysis Section within the National Crime and Operations Faculty will be notified Sexual Offence Liaison Officer The Force will provide trained Sexual Offence Liaison Officers (SOLOs) on a 24/7 basis in order to provide investigation and victim care. Comment on SOLO protocol regarding Central Crime Support SOLO use. Divisional SOLOs will provide cover force wide from 2300 hours each day to assist the SOLO Unit Sexual Offence Liaison Officers (SOLOs) are specially trained police officers who offer a single point of contact to both the victim and the investigation. A SOLO will be assigned to the victim from the initial report through to any subsequent trial A Sexual Offence Liaison Officer will be an officer not in their probation who is an accredited vulnerable/jit Witness Interviewer and who has received the necessary training, the SOLO will be used in all reported cases of rape and serious sexual assault. This will also include reports of historical offences The following responsibilities usually form part of the investigative role of the SOLO: - The initial response to a report of a serious sexual offence. Ensuring that immediate physical, mental and welfare needs of the victim are met. Transporting the victim to a SARC or designated victim examination suite. Arranging the victim s forensic medical examination. Briefing the Police Surgeon. Securing exhibits and samples from the victim. Briefing the SIO/IO and other members of the investigating team. Communicating forensic information to the CSI, Crime Scene Managers and IOs. Updating the Forensic Physician on the progress of the investigation (as directed by the IO). 12

13 Conducting the victim interview and any subsequent interviews that are required (where possible a member of the investigating team to monitor the interview). Taking statements of withdrawal or of support for the prosecution statement (as directed by the IO) The Sexual Offence Liaison Officer will complete a SOLO Investigation Log in each case, which incorporates all contact with the victim and crucial evidential guidelines The SIO or member of the investigating team should be in direct contact with the SOLO at the time of a disclosure interview, to offer advice and agree on any samples that the victim should be asked to provide It is good to practice to use Sexual Offence Liaison Officers of the same sex as the victim but the view and choice of the victim must be considered in all cases If a Divisional SOLO attends to carry out the initial actions, including the disclosure interview, the responsibility of continuing support should be handed to a member of the Specialist Force SOLO Units at the earliest opportunity The SOLO should be aware that victims, due to Post Traumatic Stress Disorder (PTSD), may have feelings of shame or guilt, family or cultural concerns or for other reasons, may not provide full details of the incident initially Medical Examination All victims of rape and serious sexual assault will be medically examined, with consent, by a Forensic Physician to obtain and preserve best evidence. Every effort will be made to meet the wishes of the victim in respect of the gender of the Medical Examiner In cases involving a child below the age of 16 years, a joint medical examination will be conducted by the Forensic Physician and Community Paediatrician. This will be undertaken at a Victim Examination Suite or designated Hospital Officers are reminded that a medical examination is not purely to obtain forensic samples. It should also include an external examination of both victim and suspect to determine evidence in support that a sexual assault has taken place without consent Vulnerable or Intimidated Witnesses and Special Measures A vulnerable witness is one who is under 18 years of age or has some type of mental disorder as defined by the Mental Health Act Alternatively, has a significant impairment of intelligence/social functioning or physical disability/disorder. These victims or witnesses are eligible for Special Measures in accordance with Part II of the Youth Justice and Criminal Act Officers must obtain evidence in support of the witnesses vulnerability All victims of sexual assaults are to be classed as an Intimidated Witness due to the traumatic nature of the offence. The Investigating Officer should, therefore, involve the victim in determining whether Special Measures are utilised i.e. 13

14 ability to give evidence in Court, use of screens etc at the outset of the investigation. An Intimidated Witness qualifies for Special Measures the quality of their evidence is likely to be diminished due to fear or distress. However, they are not eligible at this time to give Evidence in Chief by video Officers should be aware that although Special Measures can be applied for at Court prior to trial, they are not guaranteed and should not be promised to the witness Victims aged 17 years can have an interview supporter present. They do not necessarily require an appropriate adult, however, given the nature of the investigation it would be best practice to have someone to support them Forensic Evidence The SIO or Deputy will fully brief the Crime Scene Manager and Crime Scene Investigator prior to any examination of all scenes of rape and serious sexual offences where it is believed that there is a possibility of recovering material evidence Crime Scene Managers are available to offer advice re scene preservation, storage and submission of exhibits In addition, a Forensic Science Specialist Advisor can be contacted via the Force Control Room, who can assist in giving immediate advice on scene interpretation, recovery of best evidence, latest forensic techniques, together with the correct way to package and store exhibits. The Specialist Advisor is available on a 24 hour call out rota and if necessary can be called upon to attend the scene by the Senior Investigating Officer. It is of utmost importance that the Investigating Officers and Forensic Physicians liaise with either the Crime Scene Manager or Forensic Science Specialist Advisors to ensure the recovery of best evidence in all rape cases The SIO, together with the Crime Scene Manager or appointed Deputy will formulate the forensic strategy and prioritise submissions to the Forensic Science Services in all cases in a timely manner, respecting forensic time limits In the event of multiple geographic crime scenes, the SIO, in conjunction with the Senior Crime Scene Manager, will consider the appointment of Crime Scene Managers and a Crime Scene Co-ordinator No scene will be released without the prior permission of the SIO, who will record the decision in the Policy Log Drug Assisted Rape If a victim has been given a drug rape substance, it is possible that they will be in a state of confusion or have little recollection as to what has happened to them. Persons who present themselves in this way should be treated in exactly the same way as any other rape victim. It is particularly important to use an early evidence kit to obtain a urine sample. It is important to take a blood sample, as this allows for the possibility of determining the dose given. Some types of drug are detectable up to 72 hours after being administered, therefore, samples 14

15 should always be taken as soon as possible, irrespective of time lapse, as a means of helping to prove or disprove the allegation Persistence levels within the body are as follows: - Alcohol up to 12 hours in urine Class A, B and C Drugs hours in blood Class A, B and C Drugs - 48 hours in urine Rohypnol - 18 hours in blood Rohypnol - 72 hours in urine Gamma Hydrox Butyrate days in blood BZP (found in Ecstasy) days in blood Gamma Hydrox Butyrate - 6 hours in urine Mephedrone (M-Cat) days in blood The types of drugs believed to be used in drug assisted rape are as follows: - Rohypnol this is manufactured in the form of a white or blue/green tablet and bears the mark of a hexagon. Gamma Hydrox Butyrate this can be homemade, it is a colourless, odourless liquid that appears thicker than water. It may also be available as a tablet or white powder. The body can produce this substance anyway so careful interpretation is needed if trailed. Zimovane a white or blue sleeping tablet bearing the mark ZM or Z. Ketamine a sedative used by Veterinarians which is available as a white powder or clear liquid The above list is by no means exhaustive and there are believed to be about 80 different substances used in drug assisted rape. The effect of drugs and alcohol depends also on the amount used, the purity, how often it is used and the weight/metabolism of the User. Hair testing may be an appropriate line of enquiry. This should be obtained not less than four weeks and not more than 12 weeks after the alleged offence has been committed. Please refer to the Hair Testing Protocol held by Scientific Support Officers should take steps to recover drinking utensils used by the victim, or any other paraphernalia that might have been used to administer the drug, in all suspected or alleged drug assisted rapes. 15

16 5.25 Crown Prosecution Service It is good practice for the Investigating Officer to seek early involvement of a Rape and Serious Sexual Offences (RASSO) unit lawyer of the Crown Prosecution Service (CPS) who will prosecute offences of rape and other offences of alleged penetration. Early liaison may improve quality, admissibility of evidence and may produce new lines of enquiries, which may ultimately lessen the possibility of its discontinuance. Evidence will only be reviewed in a written file format which is clearly presented on the RASSO file submission checklist. A Detective Inspector should quality assure and approve the submission before forwarding to RASSO for a decision Victim Care All victims of rape and serious sexual assault should receive the highest standard of care and support at the beginning, during and completion of the investigation. Following the initial report, victims are referred to the Counselling Coordinator at the Sexual Assault Referral Centre (SARC). This referral instigates a tailor-made package of ongoing counselling. Counselling can be accessed if deemed appropriate for victim care The Investigating Officer will, therefore, ensure that the following action is taken in respect of all victims: - Discuss with victims the issue of Special Measures that can be applied for at a Special Measures hearing. Undertake a risk assessment of the safety of the victim and take measures to prevent a repeat attack. This is extremely prevalent if the victim knows or is in a relationship with the offender. Keep the victim fully updated as to the progress of the investigation see Victim Code of Practice Liaise with the allocated SOLO to obtain a full impact statement from the victim or a relative at the appropriate time. Arrange a meeting between Counsel and the victim to improve the victim s confidence in giving evidence and inform them of the Court process. Inform the victim about the Criminal Injuries Compensation Authority. Refer the victim to the Crown Court Witness Service, to ensure the victim visits a court for familiarisation purposes and is accompanied when attending court proceedings, if the victim so wishes SV2 (Previously Derbyshire Rape Crisis) employs crisis workers. They work alongside the SOLO officers at the point of report. The recommendation from the Stern Review (2010) that Independent Sexual Violence Advocates (ISVA s) should play an intrinsic part in rape investigations is recognised. ISVAs act as a 16

17 conduit between the victim and the police, aiding communication and providing critical support. Victim Support also play a vital role. SOLOs are able to contact workers who will support the victim through logistical problems such as housing benefits. As per the Stern review, in dealing with rape there are a range of priorities that need to be balanced. Support and care for victims should be a high priority Media The Senior Investigating Officer will have responsibility for media strategy and the issue of media statements. Corporate Communications (Media Relations) will provide advice and guidance to the SIO in respect of all media issues, externally and internally within the organisation if relevant Officers are reminded of Section 4 of the Sexual Offences (Amendments) Act 1976, as amended by Section 158 of the Criminal Justice Act 1988, once an allegation of rape has been made, details of the identity and address of the victim should not be disclosed to the media Training Officers are not eligible to become a Sexual Offence Liaison Officer until they have successfully completed both their probationary period and the Sexual Offence Liaison Officers Training Programme It is the responsibility of the Detective Superintendent, Public Protection, HQ, to ensure that there are sufficient trained Sexual Offence Liaison Officers to meet the needs of the Division. 6. Monitoring and Review The enquiry/investigation is constantly reviewed as it relates to a live enquiry. Reviews are conducted in line with best practice, procedures and guidelines. The policy document will be subject to an annual review and this will take into account any recommendations or change in legislation. Amendments will be made if appropriate. 7. Appeals Process If a member of staff feels that they have been adversely affected by the policy they should first raise this with their line manager. If issues remain they should next raise the matter with their counter-signing manager who will investigate and attempt to seek a resolution. If the individual remains unhappy they may also invoke their rights under the Dispute Resolution Procedure. Members of the public affected by the policy may write to the Chief Constable. Should the matter not be resolved, then they may resort to the Police Complaints Procedure. 17

18 8. Appendices Appendix A Early Evidence Samples Consent Form Form 754 Appendix B What do Fraser guidelines refer to? 18

19 APPENDIX A EARLY EVIDENCE SAMPLES CONSENT FORM I hereby consent to providing the following samples:- 1. urine* 2. mouth swab* * delete as appropriate I understand that the samples will be submitted by the police for forensic examination, to help discover evidence of a criminal offence. I am aware that the urine sample will be checked for drugs and alcohol, and that the mouth swab will be tested for the presence of semen. Signature... Witness signature... (Appropriate adult if applicable) Date and time... Time samples taken:- 1. Urine... Exhibit Ref No Mouth swab... Exhibit Ref No... Officer packaging samples... 19

20 USE OF EARLY EVIDENCE KITS Check that the equipment is within its expiry date If the complainant wishes to urinate, provide the urine collection vessel for the urine to be collected in. Wear protective gloves and decant the urine into the preserved screw cap urine bottle, to the marked line. Place the preservative powder into the urine, ensure that the screw top is replaced securely. Complete the label and stick to side of bottle, shake the bottle gently to dissolve the preservative. Place the bottle into the grey container. Place the container into the tamper evident bag and seal, place the sample in a FRIDGE as soon as possible. Complete the labels on the side of the tube(s), swab the inside of the mouth, using the mouth swab, like a toothbrush, covering the lips, teeth, tongue and gums. Place tube(s) in a tamper evident bag and seal. Place the sample in a FREEZER as soon as possible. Ensure that exhibit labels are signed prior to storage. CONTENTS tamper evident bags pair of gloves face mask urine collection kit two swabs Biohazard labels Health and Safety issues Consent Form Guidelines for using Early Evidence Kits. 20

21 APPENDIX B What do Fraser guidelines refer to? Gillick competency and Fraser guidelines refer to a legal case which looked specifically at whether doctors should be able to give contraceptive advice or treatment to under 16-year-olds without parental consent. But since then, they have been more widely used to help assess whether a child has the maturity to make their own decisions and to understand the implications of those decisions. In 1982 Mrs Victoria Gillick took her local health authority and the Department of Health and Social Security to court in an attempt to stop doctors from giving contraceptive advice or treatment to under 16-year-olds without parental consent. The case went to the High Court where Mr Justice Woolf dismissed Mrs Gillick s claims. The Court of Appeal reversed this decision, but in 1985 it went to the House of Lords and the Law Lords (Lord Scarman, Lord Fraser and Lord Bridge) ruled in favour of the original judgement delivered by Mr Justice Woolf: whether or not a child is capable of giving the necessary consent will depend on the child s maturity and understanding and the nature of the consent required. The child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent. 21

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