Guidelines on the Investigation, Cautioning and Charging of Knife Crime Offences

Transcription

1 RM Guidelines on the Investigation, Cautioning and Charging of Knife Crime Offences The Association of Chief Police Officers has agreed to these revised guidelines being circulated to, and adopted by, Police Forces in England, Wales & Northern Ireland. It is NOT PROTECTIVELY MARKED under the Government Protective Marking Scheme and it is disclosable under the Freedom of Information Act ACPO 2012

2 2 NOT PROTECTIVELY MARKED Guidelines on the Investigation, Cautioning & Charging of Knife Crime Offences (October 2012) Document information Protective marking NOT PROTECTIVELY MARKED Author CC Alf Hitchcock Force/Organisation Bedfordshire Police ACPO Business Area Crime APP/Reference Material Reference Material Contact details Review date October 2013 Version 3.0 These revised guidelines have been produced and approved by the ACPO Crime Business Area. This document was considered and approved by the Professional Practice Gateway Group on the 9 th October The document was originally approved by Chief Constables Council on July The purpose of this document is to set out the national police position on the approach that has been adopted since 2008 and 2009 to the charging of knife related offences. It will be updated and re-published as necessary. Any queries relating to this document should be directed to either the author detailed above or the ACPO Programme Support Office on /8958.

3 3 NOT PROTECTIVELY MARKED Guidelines on the Investigation, Cautioning & Charging of Knife Crime Offences (October 2012) Contents Section Page 1 Introduction/Purpose of Guidelines 4 2 Guidance, Advice & Procedures Learning 7

4 4 NOT PROTECTIVELY MARKED Guidelines on the Investigation, Cautioning & Charging of Knife Crime Offences (October 2012) 1. SECTION 1 INTRODUCTION/PURPOSE OF GUIDELINES 1.1 This paper sets out the national police position on the robust approach that has been adopted since 2008 and 2009 to the charging of knife related offences. Rightly, there continues to be a strong public interest in deterring the carrying and use of knives and offensive weapons. 1.2 Knife related crime and its tragic consequences continue to attract national publicity. The public deserve reassurance that the Police Service, the Crown Prosecution Service (CPS) and the courts take a tough line on all knife related offences. Law enforcement agencies must be seen to respond positively to the overwhelming public wish to act robustly. Therefore, where there is sufficient evidence to provide a realistic prospect of a conviction, a prosecution should normally result. 1.3 The fundamental principle of these guidelines is an expectation to charge all those who illegally carry and use knives. 1.4 Consistently, there have been around 200 knife related murders in the UK every year. Concerns are still justified across a wide range of communities in Force areas that the numbers of young people involved in this type of crime is increasing. In the recent Home Office crime figures released in January 2012 it is reported that there has been an increase in the number of robberies involving the use of a knife or sharp instrument. Research also indicates that there continues to be a reduction in the numbers of adults and even smaller numbers of youths, arrested for knife related crime, even less getting to court, and even less receiving a custodial sentence. This is not what the public would see as an acceptable outcome from the Criminal Justice System. However, those that are given immediate custodial sentences are receiving longer sentences. 1.5 The Police Service, working in collaboration with the CPS will continue to work together to bring offenders to justice and before the Courts. The CPS will be re-issuing this revised legal guidance to all prosecutors in parallel with ACPO re-issuing to all Forces. 1.6 ACTION In order to deliver this robust stance it is suggested that all Forces should have a system of scrutiny in place to ensure that: Officer s evidence is recorded correctly. All evidence gathering opportunities are utilised including where available CCTV evidence. Custody Officers, Evidential Review Officers and Cautioning Inspectors, who assess the evidential sufficiency of cases, consider the relevant gravity factors relating to the public interest test from a position of charge, with only rare cases not requiring a prosecution. All Knife-Crime Charges and Cautions (including Reprimands and Final Warnings) are to be reviewed by Crime Managers and ensure compliance with this expectation to charge guidance. Crime Data systems are able to capture accurate Knife-Crime performance data. 2. SECTION 2 GUIDANCE, ADVICE AND PROCEDURES 2.1 POLICE ACTION YOUTHS The Starting point for police will be an expectation to charge 16 and 17 year olds (unless there are exceptional circumstances) in all cases In the case of any young person aged 15 or under in the cases of simple possession with no aggravating factors, the starting point will be the issuing of a warning To assist Courts in deciding upon appropriate disposal options officers must provide a comprehensive list of both mitigating and aggravating factors (2.5) in each case.

5 5 NOT PROTECTIVELY MARKED Guidelines on the Investigation, Cautioning & Charging of Knife Crime Offences (October 2012) Furthermore, a Community Impact Statement should be provided to help provide the Courts with the context in which offences are committed Offence Specific Gravity Factors for all Offences: i. The ACPO Youth Offender Case Disposal Gravity Matrix should be used. The matrix scoring for Offensive Weapon and Sharp Pointed Blade will remain at 3 for 10 to 15 year olds only. The matrix scoring for Offensive Weapon and Sharp pointed blade for 16 and 17 year olds will be raised to a 4. ii. The current ACPO final gravity scoring for all offences is as follows: Final Score Action 4 Normally result in charge. 3 Normally warn for a first offence. If offender does not qualify for a warning then charge. Only in exceptional circumstances should a reprimand be given. Decision maker needs to justify reprimand. 2 Normally reprimand for a first offence. If offender does not qualify for a reprimand but qualifies for a warning then give warning. If offender does not qualify for a warning then charge. 1 Always the minimum response applicable to the individual offender, i.e. reprimand, warning or charge. iii. It is recommended that forces follow a national agreement to interpret Knife-Crime offences as follows: The first arrest of a youth under 16 for simple possession of an Offensive Weapon or Sharp Pointed Blade, with no aggravating factors, will result in the first instance with a Final Warning. This must be supported by an appropriate YOT intervention, preferably with elements focused on anti knife crime education. A youth aged 16 or over will normally be charged. The second arrest of a youth under 16 for simple possession of an Offensive Weapon or Sharp Pointed Blade will result in a charge (unless, in exceptional circumstances, 2 years have passed and it is considered appropriate to give another warning). The first arrest of a youth of any age for simple possession of an Offensive Weapon or Sharp Pointed Blade, with aggravating factors, will result in the first instance with a charge. 2.2 POLICE ACTION/GENERAL ARREST All arresting officers must ensure that they correctly record their evidence in their notes of arrest for all offences. With specific reference to Knife-Crimes, officers must be fully conversant with the points to prove for offences of: i. Possession of an Offensive Weapon in a public place; ii. Possession of a Blade or Sharp Point in a public place; iii. Any other substantive offence, where a knife was used in the commission of the crime These details are fully documented in the Police National Legal Database.

6 6 NOT PROTECTIVELY MARKED Guidelines on the Investigation, Cautioning & Charging of Knife Crime Offences (October 2012) CPS prosecutors can only make decisions on the evidence and facts that are presented to them. It is the police responsibility to present a professionally investigated and properly documented case. It will greatly assist prosecutors if officers are able to indicate relevant positive factors that might support a prosecution, as detailed below, on the MG3 or other associated documentation The circumstances surrounding the offence should always be taken into account in determining the most appropriate response. There are a number of general factors that can affect the decision about how to proceed. The three factors that will support the decision to charge for all knife-crime offences are: i. Weapon used or violence threatened during commission of offence. ii. The offence, though minor, is prevalent, in the local area as identified in the local crime audit, specified in the youth justice plan or specifically agreed with the CPS to warrant more serious response. iii. The offence is part of a hate crime incident where the motivating factor is prejudice or hostility based upon the victims actual or perceived disability, race, religion or belief, sexual orientation, transgender identity General factors for all offences except traffic offences. 2.3 POLICE ACTION SUPERVISION All Custody Officers, Evidential Review Officers and Cautioning Inspectors, who assess the evidential sufficiency of cases, must consider the relevant gravity factors relating to the public interest test from a position of charge with only rare cases not requiring a prosecution. 2.4 CRIME DATA ACCURACY Accurate knife-crime data is critical for Chief Constables to be able to explain police action in addressing the escalating public concerns and to monitor trends In support of this, Forces should be confident that their crime recording data systems and custody systems are able to be cross-referenced and quality assured. It would also be beneficial for these systems to be able to capture and specify the knife type, such as lock-knife, sword, machete, etc. 2.5 CPS DECISION MAKING The CPS is re-issuing separate revised guidance to all their prosecutors regarding the prosecution of the possession of knives and other offensive weapons In order for prosecutors to be able to accord the proper weight to a number of compelling public interest factors in favour of prosecution, all police staff must fully report the facts and circumstances on any MG3 or associated documentation, including: i. A conviction is likely to result in a significant sentence; Code 5.9 (a), with specific reference to any of these sub-factors: Group action or joint possession; Planned use of the weapon to commit or threaten violence; Location of the offence, such as: - Vulnerable premises, e.g. hospitals; - At a large public gathering; - On public transport, licensed premises or where public services are carried out. Offender under the influence of drink or drugs; People in fear or weapon brandished; Very dangerous weapon; The offence formed part of a hate crime.

7 7 NOT PROTECTIVELY MARKED Guidelines on the Investigation, Cautioning & Charging of Knife Crime Offences (October 2012) ii. A weapon was used or violence threatened during the commission of the offence Code 5.9 (c). iii. iv. The prevalence of the offence. Prosecution would have significant positive impact on maintaining community confidence; Code 5.9 (q). v. A culture of carrying weapons encourages violence and may lead to more serious criminal behaviour. 2.6 LOCAL CRIMINAL JUSTICE BOARDS (LCJBs) AND COMMUNITY SAFETY PARTNERSHIPS (CSPs) LCJBs should be encouraged to monitor knife-crime performance and take positive steps to ensure appropriate criminal justice sentences that meet public expectations Implementation of these guidelines will also enable CSPs to challenge the anti-social behaviour of individuals that is of particular concern to local communities. 2.7 PROSECUTION TEAM RESPONSE Knife crime is properly to be regarded as serious. Judicial guidelines support that proposition. It is a prevalent crime and triggers widespread public concern to which the Police and CPS are responding. There is a strong public interest in deterring the carrying and use of knives. Accordingly, where there is sufficient evidence to provide a realistic prospect of conviction, the public interest will normally require a prosecution. 3. SECTION 3 LEARNING 3.1 ACTION In order to deliver this robust stance it is suggested that Forces should follow the Good Practice guidance which recommends that all Forces should have a system of scrutiny in place to ensure that: i. Officer s evidence is recorded correctly; ii. All evidence gathering opportunities are utilised including where available CCTV evidence; iii. Custody Officers, Evidential Review Officers and Cautioning Inspectors, who access the evidential sufficiency of cases, consider the relevant gravity factors relating to the public interest test from a position of charge, with only rare cases not requiring a prosecution; iv. All Knife- Crime Charges and Cautions (including Reprimands and Final Warnings) are to be reviewed by Crime Managers and ensure compliance with this expectation to charge guidance; v. Crime Data systems are able to capture accurate Knife-Crime performance data. 3.2 CRIME DATA ACCURACY Accurate knife-crime data is critical for Chief Constables to be able to explain police action in addressing the escalating public concerns and to monitor trends In support of this, Forces should be confident that their crime recording data systems and custody systems are able to be cross-referenced and quality assured. It would also be beneficial for these systems to be able to capture and specify the knife type, such as lock-knife, sword, machete, etc