RAPE AND SERIOUS SEXUAL OFFENCES INVESTIGATION POLICY

Transcription

1 RAPE AND SERIOUS SEXUAL OFFENCES INVESTIGATION POLICY Reference No. P02:2009 Implementation date 10 June 2009 Version Number 2.3 Policy/Procedure Government Security Classification Handling Instructions POLICY OFFICIAL Suitable for Public Publication PROCEDURE OFFICIAL Internal Use Only Reference No: Name. Linked documents NPIA Guidance on Investigating and Prosecuting Rape 2009 College of Policing APP site P28:2013 Crime and Investigation Policy and Procedure Dept of Health No Secrets March 2000 Ministry of Justice Achieving Best Evidence Guide to Interviewing Victims and Witnesses 2011 P17:2001 Child Protection and Abuse Investigation Policy and Procedure P45:2013 Regional Interpreters Procedure PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON SHAREPOINT IN THE FORCE DOCUMENT LIBRARY

2 Table of Contents 1 Policy Section Statement of Intent Aim and Rationale Police Mission People, Confidence and Equality Standards Legal Basis Equality Impact Assessment Monitoring / Feedback Consultation and Authorisation Consultation Authorisation of this version Version Control Review Version History Related Forms Document History... 5

3 1 Policy Section 1.1 Statement of Intent Aim and Rationale This policy and procedure must be read in conjunction with NPIA Guidance on Investigating and Prosecuting Rape 2009 and the Crime and Investigation Policy and Procedure P28:2013 located on the Force Library and Niche user library.. Dorset Police aims, by working in partnership with other agencies, to bring about safer communities, reduce disorder, crime and the fear of crime and to contribute to the delivery of justice in a way, which secures and maintains public confidence. The policing of Dorset will focus on bringing the Police and the Community together in the fight against crime. The requirement for positive action in serious sexual offence cases incurs obligations at every stage of Police response. These obligations extend from initial deployment to the response of the first officer on the scene, through the whole process of investigation and the protection and care of victims. Action taken at all stages of the Police response should ensure the protection of victims whilst allowing the criminal justice system to hold the offender to account. An effective and proactive investigation should be completed in all cases where a serious sexual offence is reported. As part of this aim the Force is committed to the prevention and detection of crime, the protection of vulnerable communities and preserving the rights of individuals. In pursuit of these commitments the Force has established a sexual assault referral centre known as ARC Dorset, located in Bournemouth, which services the Force area. ARC Dorset enables safeguards, support and sexual health services to be offered to victims whether or not they wish to make a formal police report of the incident. The aim of this policy is to: Describe Dorset Police s approach to the investigation of rape and serious sexual offences Support the treatment of victims who make allegations of rape and serious sexual offences Take effective action against offenders so that they can be progressed through the criminal justice system Increase confidence in the criminal justice system and encourage more victims to report rape and serious sexual offences to the Police Ensure the identification of linked serious sexual offences Ensure a partnership approach by Dorset Police, the Crown Prosecution Service and Voluntary organisations to provide an effective service to victims. 1.2 Police Mission Our Mission for policing is: To make communities safer by upholding the law fairly and firmly; preventing crime and antisocial behaviour; keeping the peace; protecting and reassuring communities; investigating crime and bringing offenders to justice. This mission is set nationally and adopted locally by Dorset Police. 1

4 Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance. 1.3 People, Confidence and Equality Throughout history policing has been most effective when the community and the police work together, helping each other to reduce crime and fear of crime. Our priorities have been based on today s risks and from what our communities have told us are areas of concern. This document seeks to achieve the priority of increasing the public satisfaction in the delivery of policing in Dorset. This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Consultation and engagement has identified a common need and expectation for communities in Dorset to be:- Listened to Have their needs understood Have their expectations met where possible Be kept informed 2 Standards 2.1 Legal Basis The standard of service delivery and priorities of Dorset Police in responding to suspected cases of rape and serious sexual offences are based on the ACPO (2009) Guidance. Refer to the College of Policing APP website. This procedure has been drafted and audited in accordance with the principles of Human Rights Legislation and the Equality Act 2010 and therefore in the application of this procedure Dorset Police will seek to eliminate unlawful discrimination, harassment or victimisation and to advance equality of opportunity and foster good relations. 2

5 2.2 Equality Impact Assessment During the creation of this document, this business area is subject to an Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation. 2.3 Monitoring / Feedback Dorset Police are committed to ensuring that our policies and working practices are working to achieve our priorities. To monitor performance and development in this area the Force engages in the following quality assurance processes: Audits and reviews. Multi-agency safeguarding boards. Serious Case Reviews. Organisation learning / peer review. Multi-agency working. Local Safeguarding Children s Boards. Local Safeguarding Adults Boards. Professional Standards Department. External reviews HMIC and similar. This policy will be reviewed annually using the results from the above reviews to ensure compliance and necessitate policy change where required. Detective Superintendent Investigations will oversee this process. Feedback relating to this policy can be made in writing or by to: Address: DCI J Noyce, Bournemouth Police Station Jez.Noyce@dorset.pnn.police.uk Telephone:

6 3 Consultation and Authorisation 3.1 Consultation Version No: Name Signature Date Police & Crime Commissioner Police Federation Superintendents Association UNISON Other Relevant Partners (if applicable) 3.2 Authorisation of this version Version No: 2.3 Name Signature Date Prepared: Quality assured: Authorised: Approved: 4 Version Control 4.1 Review Date of next scheduled review Date: 6 November Version History Version Date Reason for Change Created / Amended by Initial Document DS 1188 Barritt General Updating Revision and DI 160 Derbyshire. change of name from: Investigation of Rape and Serious Sexual Offences Policy and Procedure, to Rape and Serious Sexual Offences Investigation Combined Policy and Procedure Amendments to evidence capture of DS 2390 Andy Roberts 4

7 first accounts video recording first complaint of rape. Fit for purpose review Ensure Niche compliance. Changes have been made to the Policy to reflect migration from FWS to NICHE RMS in consultation with the Smarter Systems Programme Team. Wider consultation not required as this is a full version change based on procedural requirements only /07/2015 The following additions were made to the policy: Sexual Assault Response Booklets, Extension of forensic samples to 10 days. Victim Person Scheme, Victim contract strategy, updates on the crime recording procedure and the suspects procedure /07/2017 Document placed onto revised policy (Dec16) template /08/2017 Document placed onto revised policy (Aug17) template. DS 1771 Steve MAY Policy Co-ordinator (6362) ADS 2275 GRAHAM Policy Coordinator (6177) Policy Coordinator (6177) 4.3 Related Forms Force Ref. No. Title / Name Version No. Review Date 4.4 Document History Present Portfolio Holder ACC Lewis Present Document Owner T/DCI Noyce 1835 Present Owning Department C&CJ Details only required for version 1.0 and any major amendment ie 2.0 or 3.0: Name of Board: Strategic Crime and Criminal Justice Board Date Approved: 10/6/09 Chief Officer Approving: ACC Glanville (Template version August 2017) 5