The Management of individuals by Witness Protection Units (WPUs) Standard Operating Procedures. Version Version 1.0 Summary

Transcription

1 Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Yes Title The Management of individuals by Witness Protection Units (WPUs) Standard Operating Procedures. Version Version 1.0 Summary This SOP details the operational and administrative framework for the management of persons referred to MPS Witness Protection Units for protection measures. Branch / OCU Covert Policing Standards Board Date created June 2010 Review Date June 2013

2 Introduction This SOP supports the MPS Policy on The Protection of Individuals by Witness Protection Units. It documents the operational and administrative framework for the management of individuals referred to MPS Witness Protection Units (WPUs) for protection measures. Generally the risks associated with such individuals are considered so serious and life threatening that relocation or a change of identity is necessary. On behalf of the MPS the SCD10 Criminal Justice Protection Unit (CJPU) is responsible for managing the majority of individuals meeting the criteria set out in the Witness Protection Unit Acceptance Criteria SOP. However, the instructions contained within this document on the management of individuals referred for protection measures apply equally to all MPS WPUs. Application This SOP is applicable with immediate effect. All police officers and police staff, including the extended police family and those working voluntarily or under contract to the MPA, who must be aware of, and are required to comply with, all relevant MPS policy and associated procedures. However, this SOP applies in particular to: Witness Protection Officers (WPOs) Police officers and members of police staff who work in dedicated WPUs. Police Officers and Police Staff with management responsibilities for WPUs. Operational Command Units (OCUs) N.B. This list is not intended to be exhaustive. SOP DETAILS Referrals Any member of MPS staff wishing to refer an individual to the CJPU for assistance must do so in accordance with the Witness Protection Unit Acceptance Criteria SOP. As outlined in that instruction the CJPU will only consider a request for assistance once forms WS/1 (Request for Assistance or Advice) and WS/2 (Threat Assessment) have been completed. Stage One- Initial Meeting

3 The on call CJPU Detective Sergeant responding to the request for assistance will use the information contained within forms WS/1 and WS/2 to decide whether it is appropriate to meet the individual being referred and the conditions under which such a meeting should take place. The meeting should take place in a neutral and safe environment where the individual will be interviewed by specially trained CJPU officers to assess their suitability for inclusion on the Witness Protection Programme (WPP). Where the initial meeting identifies that an individual is not suitable for inclusion on the WPP, or the individual declines the offer of assistance, the Detective Inspector of the relevant WPU can authorise closure of the case from a WPU perspective. Management of the individual will then revert back to the referring B/OCU or Agency. Individuals identified as being suitable for inclusion on the WPP will be invited to acknowledge the terms, conditions and expectations of voluntarily entering the WPP by signing an Assessment Document, Form WS/3. The WPU officers conducting the initial meeting must seek the authority of the relevant WPU Detective Inspector before the unit commences management of the individual. If after the initial meeting the CJPU accept responsibility for the management of the individual(s) referred to them, the referring officer/ B/OCU or agency will be required to: Provide updated threat assessments: when there is a change in the level of threat ; post trial; and/or whenever requested by the CJPU. And, Ensure details in relation to any arrest, bail, court or case disposals linked to the relevant criminal proceedings are communicated to the CJPU Case Officer within the time frames set out in the Code of Practice for Victims of Crime so that the individual(s) can be notified. During the initial meeting, individuals will be advised that their suitability for inclusion on the WPP will only be considered after a comprehensive assessment. Stage Two Assessment Period The assessment period allows the relevant WPU to assess the individual s suitability for longer term MPS support and allows the individual to assess whether he or she can, or wants to, participate in the WPP. Whilst there are no legislative time limits imposed on the assessment period, it is desirable that the assessment is completed within a calendar month. However, if exceptional circumstances exist this time limit can be extended on the authority of the relent WPU Detective Inspector. Upon the completion of the assessment period if the individual is assessed as being unsuitable for inclusion on to the WPP the Detective Inspector will forward a report to

4 the Detective Chief Inspector of the relevant WPU who can authorise closure of the case from a WPU perspective. Management of the individual will then revert back to the referring B/OCU or Agency. If the assessment period identifies the individual as being suitable for inclusion on to the WPP the WPU Detective Inspector will forward a report to the Protection Provider. In the MPS the role of Protection Provider has been designated by the Commissioner (in accordance with S.82(5) Serious Organised Crime and Police Act 1995 (SOCPA)) to be the Detective Superintendent responsible for the WPU. The Protection Provider will determine whether the individual is eligible to be granted Protected Person Status under S.82 (1) & Schedule 5 SOCPA or when the individual falls outside the this definition, is eligible to be granted Support Status. In determining whether it is appropriate to provide protected status to an individual the nominated Superintendent will have regard to: The nature and extent of the risk to the person s safety, The cost of the protection arrangements The likelihood that the person, and any person associated with them, will be able to adjust to any change in their circumstances which may arise from the making of the protection arrangements and If the person is or might be a witness in legal proceedings (whether or not in the United Kingdom), the nature of the proceedings and the importance of their being a witness in those proceedings. If, on the information contained in the report, the Protection Provider does not conclude that the individual is eligible for Protected Person Status or Support Status, they can authorise closure of the case from a WPU perspective, or request a further assessment. Stage Three Protected Person Status and Support Status Protected Person Status enables WPUs, as providers of protection measures, to access a statutory framework to secure housing and other facilities from the appropriate Public Authorities. Individuals granted Protected Person Status will not lose that status unless they are formally excluded from the WPP (see Exclusion from the WPP below). However, as Protection Providers the relevant WPU may vary or cancel any arrangements according to prevailing circumstances such as the levels of threat etc (S.82 (4) SOCPA). Occasionally, individuals may be referred for protection measures and although they are not eligible for Protected Person Status, their circumstances warrant support. These people may be granted Support Status by the Detective Superintendent responsible for the WPU. Individuals granted Support Status should be managed, dependent upon individual circumstances, as if they were Protected Persons.

5 Each Protected Person or individual granted Support Status will be assigned a WPU Case Officer who will work under the supervision of a Detective Sergeant. The Case Officer will have responsibility for: Contact with the Protected Person or person granted Support Status Updating the case file after every contact with the Protected Person or person granted Support Status Liaison with referring B/OCU/ Agency Risk management plans Stage Four Closure The length of time that a Protected Person or individual granted Support Status requires assistance is dependent upon individual circumstances. In most cases there will come a time when a Protected Person or individual granted Support Status is able to live his or her life without fear of reprisals and is less reliant on support from the WPU. In these circumstances the Case Officer in consultation with the relevant WPU Management (Detective Sergeant and Detective Inspector) will consider 'closure'. 'Closure' is the operational phase where regular contact with the Protected Person or individual granted Support Status is withdrawn. It does mean that the individual ceases to have Protected Person Status or Support Status, but means that there will no longer be management of the individual by WPU officers. The withdrawal of WPU support will only be considered when the threat to the individual is low, they are self-sufficient, and any administrative obligations placed on the Protected Person or individual granted Support Status have been resolved. When the WPU Detective Inspector considers that the closure criterion is met, a full briefing note will be forwarded through the Detective Chief Inspector to the Detective Superintendent WPU (Protection Provider). The report will make reference to: Current Threat Assessment provided by the referring B/OCU or agency, Risk Management Plan prepared by the WPU Case Officer, Identification Change Rationale (IDC), ACPO Relocation Notification, Closure Memorandum of Understanding (MOU). When closure is authorised by the Protection Provider they will endorse the Closure MOU with details of the variation in protection measures. Details of the closure MOU will be served on the Protected Person or person granted Support Status.

6 The WPU will respond to any increase in threat levels notified by the individual or the referring B/OCU or Agency, and will be available for advice and guidance on security and lifestyle issues as appropriate. Exclusion from the WPP On occasions the behaviour of the Protected Person or individual granted Support Status dictates that their continuing participation on the WPP is no longer desirable or tenable. In such circumstances a report will be forwarded by the relevant WPU Detective Inspector to the Protection Provider for consideration to be given to excluding the individual from the WPP. In cases where the Protection Provider authorises an individual s exclusion from the WPP, the Protection Provider will endorse a letter documenting the rationale for the decision. It is standard practice, in accordance with the Association of Chief Police Officers (ACPO) guidelines, to provide a Protected Person or individual granted Support Status with 21 days notice of any changes to an agreement to provide protection. The content of the letter will be served upon the individual who has twenty-eight days to appeal the decision. Exclusion from the WPP removes Protected Person Status or Support Status from an individual. The responsibility for managing individuals excluded from the WPP will revert back to the referring OCU or Agency. Summary of Authority Levels Required Initial Meeting. Detective Sergeant Assessment Period Acceptance. Detective Inspector Protected Person Status Detective Superintendent Support Status. Detective Superintendent Exclusion.. Detective Superintendent Closure. Detective Superintendent Closure (Assessment Period Failure).... Detective Chief Inspector Closure (Initial Meeting Failure).. Detective Inspector

7 File movement, retention, storage and disposal All material within case files must be given an appropriate Protective Marking Scheme (PMS) marking and handled in accordance with METSEC Code GEN1. All completed forms WS1 and WS2 submitted to MPS WPUs will be retained for a minimum of 7 years. Depending on the outcome of the referral, files may be retained longer in accordance with the following provisions: Cases not afforded witness protection measures In the circumstances listed 1-6 below, hard copy records will be retained by the relevant WPU for seven years, reviewed, and then destroyed. Computer records will be retained on the WPU database for seven years, reviewed and then destroyed. In the case of the CJPU hard copy files will be retained on a General Registry Docket CR/ WPU assistance requested and subsequently cancelled by the referring agency. 2. Persons declining WPU assistance at the time of the initial assessment consultations. 3. Persons failing to meet the WPU adoption criteria. 4. Persons afforded target-hardening advice only. 5. Persons afforded limited target hardening measures and subsequently monitored by the referring agency personal radio and house alarms. 6. Advice Sheets post Cases afforded witness protection measures Files in this category relate to cases where a WPU have afforded assistance to persons referred for witness protection measures. They include cases where an individual has been the subject of a full relocation package, with or without an identification change. This section includes the two categories of people who have either voluntarily removed themselves or have been excluded from the witness protection programme. Hard copy dockets will be retained until the 100th birthday of the youngest referral. The docket will then be reviewed and destroyed. Computer records will be retained on the WPU database until the 100th birthday of the youngest referral, reviewed and then destroyed. In the case of the CJPU hard copy files will be retained on a General Registry Docket CR/170. Constabulary/Outside Agency referrals The historic files in this section relate to vulnerable persons referred to the CJPU by the constabularies who at the time were operationally unable to provide adequate witness protection measures. The files are all registered on a General Registry Docket CR/170.

8 Hard copy dockets will be retained at General Registry until the 100 th birthday of the youngest referral. The docket will be returned to the CJPU for assessment and destruction. Computer records will be retained on the CJPU archived database until the 100 th birthday of the youngest referral, reviewed and then destroyed. Responsibilities The Covert Policing Standards Board owns this SOP. The Head of Profession Covert Policing is responsible for implementation of this SOP. The SCD10 CJPU is responsible for monitoring and reviewing this SOP. Associated Documents and Policies MPS Policy on The Protection of Individuals by Witness Protection Units. Witness Protection Unit Acceptance Criteria SOP Serious and Organised Crime Act 2005 Police & Criminal Evidence Act 1984 METSEC Code Request for assistance or advice form - WS1. Threat Assessment form - WS2. Guidelines for completion of form WS2. Assessment Document - WS3 (Only available to WPU staff) National Intelligence Model (NIM) ACPO National Guidelines on Witness Protection Standards