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Digest

November 2011

A digest of police law, operational policing practice and criminal justice

The NPIA Digest is a journal produced each month by the Legal Services Team of the Chief Executive Officer Directorate. The Digest is a primarily legal environmental scanning publication intended to capture and consolidate topical and key issues, both current and future, impacting on all areas of policing. During the production of the Digest, information is included from Governmental bodies, criminal justice organisations and research bodies. As such, the Digest should prove an invaluable guide to those responsible for strategic decision making, operational planning and police training.

The NPIA aims to provide fair access to learning and development for all. To support this commitment, the Digest is available in alternative formats upon request. Please email [email protected] or telephone +44 (0)1480 334733.

Disclaimer and Copyright details This document is intended as a guide to inform organisations and individuals of current and forthcoming issues in the policing environment and NPIA cannot guarantee its suitability for any other purpose. Whilst every effort has been made to ensure that the information is accurate, NPIA cannot accept responsibility for the complete accuracy of the material. As such, organisations and individuals should not base strategic and operational decisions solely on the basis of the information supplied. © - National Policing Improvement Agency 2011 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the National Policing Improvement Agency or its representative. The above restrictions do not apply to police forces or authorities, which are authorised to use this material for official, non-profit-making purposes only. Copyright Enquiries: Telephone +44 (0)1256 602650 Digest Editor: Telephone +44 (0)1480 334733

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November 2011

Digest

Legal Services Chief Executive Officer Directorate www.npia.police.uk/digest

NPIA Digest November 2011

This month's edition of the Digest contains a summary of issues relating to police law, operational policing practice and criminal justice. There are reports of cases on sentencing in the context of national public disorder and indirect evidence relating to the provision of a breath test. We look at the Police Reform and Social Responsibility Act 2011, which was recently given Royal Assent, the new strategy for preventing fraud, the latest trends in child trafficking, new training from the NPIA on Olympics awareness and the newly published Justice and Security Green Paper. Statistical bulletins are covered which detail the number of reported road casualties in Great Britain over the past year, the number of deaths in state custody between 2000 and 2010, the number of ASBOs issued since 1999 and the use of police powers under the Terrorism Act 2000 and subordinate legislation. The quarterly update of crime in England and Wales is also covered. There are articles on the review of the effective response to prostitution, the Home Office consultation on police powers to promote and maintain public order and guidance on the specific duties under the Equality Act 2010. Reports from the Human Rights Joint Committee on the Protection of Freedoms Bill, the proposal for the Sexual Offences Act 2003 (Remedial) Order 2011 and the Terrorism Prevention and Investigation Measures Bill are also included. The progress of proposed new legislation through Parliament is examined and statutory instruments published this month summarised.

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Contents LEgAL ................................................................ 7

LEGISLATION..........................................................7

Bills Before Parliament 2010/11 - Progress Report ...............7

CASE LAw .............................................................10

CASE LAw - CRIME ...................................................... 10 Sentencing in relation to National Public Disorder .............. 10 CASE LAw - ROAD TRAffIC ......................................... 14 Indirect Evidence Relating to Provision of Breath Test......... 14

STATuTORy INSTRuMENTS...................................17

SI 2468/2011 The Crime and Disorder Act 1998 (Responsible Authorities) (Amendment) Order 2011 .......... 17 SI 2515/2011 The Police Reform and Social Responsibility Act 2011 (Commencement No. 1) Order 2011 .................. 17

POLICINg PRACTICE ....................................... 18

POLICE .................................................................18

Consultation on Police Powers to Promote and Maintain Public Order ................................................................. 18 Operation of Police Powers under the Terrorism Act 2000 ... 19 Reported Road Casualties in Great Britain: Annual Report Published ..................................................................... 20 Police Reform and Social Responsibility Act 2011 ............... 20

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CRIME ...................................................................23

Quarterly Crime Statistics Published ................................ 23 New Strategy Plan to Reduce Fraud ................................. 23 Latest Trends in Child Trafficking ..................................... 24 Anti-Social Behaviour Order Statistics Published ................ 26 Safeguarding Children Who May Have Been Trafficked ........ 26

DIVERSITy............................................................28

New Public Sector Guide to Duties under the Equality Act ... 28 Thematic Inspection Report: Alternatives to Custody for Women Offenders ........................................................ 28

TRAININg AND DEVELOPMENT .............................30

NPIA Launches New Olympics Awareness Training ............. 30

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CRIMINAL JuSTICE SySTEM ............................ 31

Review of Effective Practice in Responding to Prostitution Published ..................................................................... 31 Prisoners to Pay Back Victims ......................................... 32 Statistical Analysis of Deaths in Custody Published ............ 32

PARLIAMENTARy ISSuES ................................ 34

Joint Committee Publishes Report on the Proposal for the Sexual Offences Act 2003 (Remedial) Order 2011.............. 34 Justice and Security Green Paper Published ...................... 35 Joint Committee Report on Protection of Freedoms Bill ....... 37 Human Rights Joint Committee Publishes Second Report on Terrorism Bill ................................................................ 40

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Bills Before Parliament 2010/11 - Progress Report

The following Bills from the 2010/11 session have progressed as follows through the parliamentary process: Protection of Freedoms Bill - The Bill:

Provides for the destruction, retention, use and other regulation of certain evidential material; Imposes consent and other requirements in relation to certain processing of biometric information relating to children; Provides for a code of practice on surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; Provides for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; Provides for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; Makes provision about vehicles left on land; Provides for a maximum detention period of 14 days for terrorist suspects; Replaces certain stop and search powers and provides for a related code of practice; Amends the Safeguarding Vulnerable Groups Act 2006; Makes provision about criminal records; Disregards convictions and cautions for certain abolished offences; Makes provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; and

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The Bill was presented to Parliament on 11 February 2011. First reading took place on 12 October 2011. This stage is a formality that signals the start of the Bill's journey through the Lords. Second reading - the general debate on all aspects of the Bill - is scheduled to take place on 8 November.

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Repeals certain enactments.

Terrorism Prevention and Investigation Measures Bill - The Bill proposes to abolish control orders and make provision for the imposition of terrorism prevention and investigation measures. The Bill was presented to Parliament on 23 May 2011. Line by line examination of the Bill took place during the first day of committee stage on 19 October. Amendments discussed covered clauses 2 to 6, 8, 9, 13 and 18 of the Bill. Committee stage continues on 1 November when further amendments will be discussed. Legal Aid, Sentencing and Punishment of Offenders Bill - The Bill:

Reverses the position under the Access to Justice Act 1999, whereby civil legal aid is available for any matter not specifically excluded; Abolishes the Legal Services Commission; Makes various provisions in respect of civil litigation funding and costs, taking forward the recommendations of the Jackson Review and the Government's response to that review; Makes changes to sentencing provisions, including giving courts an express duty to consider making compensation orders where victims have suffered harm or loss; reducing the detailed requirements on courts when they give reasons for a sentence; allowing courts to suspend sentences of up to two years rather than 12 months; and amending the court's power to suspend a prison sentence; Introduces new powers to allow curfews to be imposed for more hours in the day and for up to 12 months rather than the current six; Repeals provisions in the Criminal Justice Act 2003 which would have increased the maximum sentence a magistrates' court could impose from six to 12 months; Makes changes to the law on bail and remand, aimed at reducing the number of those who are unnecessarily remanded into custody. Under the new "no real prospect" test, people would be released on bail if they would be unlikely to receive a custodial sentence; Makes provision to ensure that, where a person aged under 18 has to be remanded into custody, in most cases they would be remanded into local authority accommodation;

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Amends provisions relating to the release and recall of prisoners; Gives the Secretary of State new powers to make prison rules about prisoners' employment, pay and deductions from their pay. The intention of these provisions is that prisoners should make payments which would support victims of crime; Introduces a penalty notice with an education option and provision for conditional cautions to be given without the need to refer the case to the relevant prosecutor; Creates a new offence of threatening with an offensive weapon or an article with a blade or point thereby creating an immediate risk of serious physical harm. A minimum sentence of 6 months' imprisonment would normally be given to persons over 18 found guilty of this offence.

The Bill was presented to Parliament on 21 June 2011. The Committee's consideration of the Bill finished on 13 October 2011. Report stage in the House of Commons is scheduled for 31 October 2011. The progress of Bills in the 2010/11 parliamentary session can be found at: http://services.parliament.uk/bills/

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LEGAL: LEGISLATION

Sentencing in relation to National Public Disorder

R v Blackshaw [2011] EwCA Crim 2312 This case concerned the appeals against sentence of ten adult offenders who were involved in the rioting that took place across the country, between 6 and 11 August 2011. The broad submission on behalf of each applicant was that the sentences passed for each individual offence were disproportionally severe. Sentencing Principles The Court of Appeal stated that there is an overwhelming obligation on sentencing courts to do what they can to ensure the protection of the public, whether in their homes or in their businesses or in the street and to protect the homes and businesses and the streets in which they live and work. While it was not possible, after the events, for the courts to protect the neighbourhoods that were ravaged in the riots or the people who were injured or suffered damage, the imposition of severe sentences, intended to provide both punishment and deterrence, must follow. Those who deliberately participate in disturbances of such magnitude, causing injury and damage and fear, and who individually commit further crimes during the course of the riots are committing aggravated offences. They must be punished accordingly and the sentences should be designed to deter others from similar criminal activity. In the case of R v Caird [1970[ 54 Cr. App. R 299, the court observed: "When there is wanton and vicious violence of gross degree, the court is not concerned with whether it originates from gang rivalry or from political motives. It is the degree of mob violence that matters and the extent to which the public peace is broken... Any participation whatever, irrespective of its precise form, in an unlawful or riotous assembly of this type derives its gravity from becoming one of those who by weight of numbers pursued a common and unlawful purpose. The law of this country has always leant heavily against those who, to attain such a purpose, use the threat that lies in the power of numbers... In the view of this court, it is the wholly wrong approach to take the acts of any individual participator in isolation. They were not committed in isolation and, as already indicated, it is that very fact that constitutes the gravity of the offence." In the case in hand, the Court of Appeal stated that if the court was dealing with a single isolated offence, the submissions would have considerable force. Sentencing courts could not,

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however, ignore the context in which the crime, or crimes, was committed. None of the crimes had been committed in isolation. Eight were intrinsic to or arose from the widespread lawlessness and two more were intended to contribute to, or aggravate it, at a time when the disorders were at their most disruptive and alarming. It was observed on behalf of some of the appellants that their involvement followed earlier criminal activity by others. The Court, however, found that whilst that was factually correct, it did not provide any mitigation for criminal activity which created or exacerbated the public disorder problem with which police and fire officers were dealing. The reality was that the offenders were deriving support and comfort and encouragement from being together with other offenders, and offering comfort support and encouragement to the offenders around them. The judge, before whom many of the cases were heard, indicated a range of sentences which would be applied in Manchester Crown Court, with the object of being open and transparent. He stated that the context in which the offences were committed took them completely outside the usual context of criminality and for those reasons, considered that the Sentencing Guidelines for specific offences were of much less weight and could be properly departed from. The Court of Appeal indicated that it was entirely appropriate for the judge to make clear that any offence committed in the context of a riot was different in kind from a similar offence committed in isolated circumstances, and as result to indicate his intention to depart from the sentencing guidelines. It was however, the Court stated, inappropriate for Crown Court judges to issue, or appear to be issuing, sentencing guidelines. Individual Appeals (a) Incitement by the use of facebook Jordan Phillip Blackshaw - used Facebook to set up and plan a public event called `Smash down in Northwick Town'. He pleaded guilty to the offence under section 46 Serious Crime Act 2007 of encouraging or assisting offences believing that one or more would be committed. The offences in this case were riot, burglary and criminal damage. He was sentenced to four years imprisonment. Perry John Sutcliffe - used Facebook to construct a page called `The Warrington Riots'. He pleaded guilty to intentionally encouraging or assisting the commission of an offence, contrary to section 44 Serious Crime Act 2007. He was sentenced to four years imprisonment. In his sentencing remarks, the judge made clear to both appellants that the sentence had to be a deterrent sentence

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to demonstrate that this conduct would not be tolerated. Both were sentenced to four years imprisonment. On appeal the Court stated that well established principles of sentencing have relatively recently been encapsulated in section 143(1) of the Criminal Justice Act 2003. This provides that when deciding the seriousness of any offence, the court must consider `the offender's culpability in committing the offence and any harm which the offence caused, was intended to cause or might foreseeably have caused'. Both appellants intended to cause very serious crime and this was incited at a time of `sustained country-wide mayhem'. The appeals were dismissed. (b) Burglary Hassan Halloway - was involved in violent disorder during the disturbances in Manchester on 9 August. He pleaded guilty to one count of violent disorder and five counts of burglary and was sentenced to 4 years and 8 months imprisonment. The Court of Appeal held that the length of imprisonment, for an individual who had attacked the police on two separate occasions in the course of rioting, and had burgled five separate premises, sharing out the proceeds of his crime with others also participating in the disorder, was not manifestly excessive. The appeal was dismissed.

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Enrico Vanasco - stole a camera from a shop in Manchester during the disturbances between 9 and 10 August. He pleaded guilty to burglary and was sentenced to 20 months imprisonment. The Court of Appeal held that the appellant was guilty of looting in a vandalised shop, and that his crime was intrinsic to and part of the overall public disorder in Manchester that night. His sentence, the Court found, was within the appropriate range and the appeal was dismissed. Michael Gillespie-Doyle - pleaded guilty to burglary and was sentenced to 2 years detention in a Young Offenders Institution. The Court of Appeal did not find that the sentence was, in the circumstances, manifestly excessive, and the appeal was dismissed. Hassan Koyuncu - pleaded guilty to burglary and was sentenced to 12 months detention in the Young Offenders Institution. The pre-sentencing report referred to his learning difficulties, and it was emphasised that the appellant had only just turned 18 when the offence was committed, and that the correct sentencing approach was to treat him as if he was 17 at the time of the offence. Allowances were also made for his early guilt plea, however the Court of Appeal dismissed his appeal and upheld the sentence as being within the appropriate range.

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Lorraine McGrane - pleaded guilty to burglary and was sentenced to 13 months detention in a Young Offenders Institution. The Court of Appeal accepted that it was dispiriting that a young woman of good character had involved herself in the offence, but the criminal activities were self-evidently intrinsic to the rioting and looting that was in progress. Even allowing for her positive good character, the sentence was appropriate and the appeal was dismissed. (c) Handling Stephen Craven - pleaded guilty to handling stolen goods and theft and was sentenced to 12 months imprisonment for the former and 1 month imprisonment for the latter offence. The Court noted that the most significant feature of this case was its opportunistic nature. Given that he did not intend to, and did not actually participate in any public disorder, but was genuinely walking home when the events occurred, the Court concluded that the deterrent element of the sentence could be tempered. The sentence was reduced to 6 months imprisonment. David Beswick - pleaded guilty to handling stolen goods after agreeing to look after a television for a friend, during the disturbances in Salford City Centre. He was sentenced to 18 months imprisonment. The grounds for appeal were that the sentence was manifestly excessive. The judge failed to follow an appropriate guideline, but in any event failed to take account of available mitigation and appeared to be punishing the appellant for offences committed by others. The Court did not accept this argument. He was prepared to look after the TV when he must have appreciated it represented the proceeds of looting during the course of the public disorder. It was closely connected with the public disorder; however as the appellant played no direct part, the sentence was reduced to 9 months imprisonment. Stephen Carter - pleaded guilty to handling stolen goods and was sentenced to 16 months imprisonment. On appeal, the Court concluded that the offence was a serious one of its kind. The property was valuable and was stolen by someone else in the course of looting and public disorder. The appellant's crime stemmed from this public disturbance but was not intrinsic to it. The sentence was reduced to 8 months. The full judgement can be accessed at: http://www.bailii.org/ew/cases/EWCA/Crim/2011/2312.html

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LEGAL: CASE LAw - CRIME

Indirect Evidence Relating to Provision of Breath Test

Bielecki v The Director of Public Prosecutions [2011] EwHC 2245 (Admin) This was an appeal by way of case stated from the decision of the Magistrates' Court as a result of which the Appellant was convicted of an offence of failing to supply specimens of breath for analysis, contrary to section 7(6) Road Traffic Act 1988. The conviction arose from an incident, during which the Appellant was required at a police station to provide specimens of breath for analysis after he had earlier been stopped for driving a vehicle and the officers who had stopped him detected alcohol on his breath. The evidential breath test was conducted at the police station in the presence of an interpreter and another police officer, who had requested the provision of the specimens. The Appellant was a Polish National who had lived in the UK for a few months prior to the incident. He spoke and understood very little English and as a result it was necessary for an interpreter to be present during the course of the evidential breath test. The short issue was whether the Appellant understood the requirement for the provision of the specimens. His case was that he did not and that he was not asked to provide the specimens. It is a mandatory requirement of the Act that a person required to provide a specimen under section 7 must be warned that a failure to provide the specimen may render him liable to prosecution. When the matter came on for trial, the evidence relied upon by the prosecution for the purpose of establishing the offence was that of the police officer who had requested the specimens, and the arresting officer who had also witnessed the procedures in the police station. No evidence was called from the interpreter who had assisted the Appellant and no statement from the interpreter had been served. It was argued on behalf of the Appellant that the absence of the interpreter made it impossible for the justices to conclude so that they were sure (a) that the requirements for the specimens were made properly and/or (b) that the Appellant understood the requirements and the consequences of not providing the specimens. The material findings of the justices were as follows: (a) The evidential breath test procedure was conducted in accordance with form MGDD/A and the procedure was explained to the Appellant via the accredited interpreter. This was witnessed by the arresting officer;

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(b) Although the answer to the first question at section A14 of the form was not recorded, the Appellant was told that he was required to provide two specimens of breath for analysis and was warned on more than one occasion that if he did not provide the specimens, he might be prosecuted; (c) The Appellant understood, through the interpreter, that he was required to provide specimens of breath and that failure to provide them would render him liable for prosecution; (d) The Appellant failed to provide either specimen of breath; (e) The Appellant had no reasonable excuse for his failure to provide. The justice held that they were satisfied beyond reasonable doubt that the testing procedure was explained via the interpreter. They believed that Mr Bielecki understood the request being made of him, both formally and informally by the requesting officer and the interpreter. This was witnessed by the arresting officer. On Appeal, the short issue was whether the justices were entitled, as they must have been in the absence of any direct evidence from the interpreter, to infer that what was said to the Appellant by the officer requesting the samples, had been translated properly by the interpreter and understood by the Appellant. The case for the Appellant was that no such inference was permissible and that the justices needed to hear direct confirmation from the interpreter before being able to come to that conclusion. It was submitted on behalf of the Respondent that the justices were entitled to draw that inference so that they could be sure that the words were spoken and that they were understood. As juries are told on a daily basis, an inference is nothing more than a common sense conclusion based upon the evidence that is otherwise accepted. The justices plainly accepted the evidence that the appropriate requests for the specimens were made, not withstanding that the officer had failed to circle yes or no to record the answer on the MGDD/A form. They must have accepted her evidence, supported by the arresting officer, that she had heard the accredited interpreter say things in a foreign language to the Appellant after the requests had been made. While she was in no position to say, and did not seek to suggest, that what was said had been accurately translated by the interpreter, it was a legitimate inference for the justices to draw that the words had been translated accurately. The Court held that the justices were amply justified in reaching the conclusion that they did. The onus is on the prosecution to disprove the existence of a `reasonable excuse'. Since no

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issue was raised about it, other than that the Appellant did not understand the requests, the Court did not find grounds to criticise the finding that there was no reasonable excuse for failing to provide the specimens. The appeal was dismissed. The judgement can be accessed in full at: http://www.bailii.org/ew/cases/EWHC/Admin/2011/2245.html

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SI 2468/2011

The Crime and Disorder Act 1998 (Responsible Authorities) (Amendment) Order 2011

This Order corrects four earlier statutory instruments - the Crime and Disorder Act 1998 (Responsible Authorities) Order 2008, the Crime and Disorder Act 1998 (Responsible Authorities) Order 2009, the Crime and Disorder Act 1998 (Responsible Authorities) Order 2010, and the Crime and Disorder Act 1998 (Responsible Authorities) Order 2011 - and provides that, with effect from 14 November 2011, the functions conferred by or under section 6 or by section 7 of the Crime and Disorder Act 1998 are to be carried out by the various community safety partnerships to which those earlier statutory instruments relate. SI 2515/2011 The Police Reform and Social Responsibility Act 2011 (Commencement No. 1) Order 2011

This Order brings the following provisions of the Police Reform and Social Responsibility Act 2011 into force on 31 October 2011: section 31 (conduct), section 79 (policing protocol) (except subsection (2)), section 98 (police reform: transitional provision) (in part), Schedule 7 (regulations about complaints and conduct matters) and paragraph 24 of Schedule 15 (power to make transitional provision etc). It brings the following provisions of the Act into force on 15 November 2011: section 78 (general duty of the Secretary of State), section 80 (obtaining advice from representative bodies), section 95 (police: complaints) (in part), section 151 (temporary control of drugs), section 152 (advisory council on the misuse of drugs), paragraphs 1 to 3 of Schedule 14 (police: complaints) and the whole of Schedule 17 (temporary class drug orders).

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Consultation on Police Powers to Promote and Maintain Public Order

The Home Office has launched a consultation, welcoming views on the following three areas of police powers: 1) The use of the word `insulting' in section 5 of the Public Order Act 1986; 2) How police powers to remove face coverings under section 60AA of the Criminal Justice and Public Order Act 1994 should be extended; and 3) Whether the police need wider powers of curfew to deal with serious disorder and crime. Civil liberties and faith groups have campaigned for removal of the word `insulting' on the grounds that it criminalises free speech. While the government has made a commitment to restore the rights to non-violent protest, it wishes to gain a better understanding of the significance of the word `insulting' and the protection it offers to groups targeted by hate crime. It also wants to assess the potential impact of reform of the police powers to deal with disorder and to examine the threshold for arrest and whether legislative change or further guidance on the interpretation of the law is required.

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The second part of the consultation looks at the implementation of extended powers to request the removal of face coverings under any circumstances where there was reasonable suspicion of criminal activity. The third part seeks views on whether the police need wider powers of curfew to deal with serious disorder and crime, in situations where existing dispersal powers may be insufficient to protect the public. It also seeks views on the oversight arrangements and safeguards that would be required to ensure the use of any new powers was necessary and proportionate. The consultation closes on 13 January 2012. The consultation on police powers to promote and maintain public order can be accessed in full at: http://www.homeoffice.gov.uk/publications/ about-us/consultations/police-powers/consultationdocument?view=Binary

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Operation of Police Powers under the Terrorism Act 2000

The Home Office has published details of the operation of police powers under the Terrorism Act 2000 in Great Britain during 2010/11. These include: There were 121 terrorism arrests in 2010/11, down from 178 in 2009/10 and lower than the annual average of 206 since 1 April 2002; Since 11 September 2001 there have been a total of 1,963 terrorism arrests; 37 per cent of terrorism arrests in 2010/11 resulted in a charge. Of these, 42 percent were charged under terrorism legislation; In 2010/11 no individuals were held in pre-charge detention for longer than 7 days. Six people have been held for the then maximum period of 28 days, since the extension of the pre-charge detention period in 2006. The maximum period of pre charge detention was reduced to 14 days on 25 January 2011; 246 suspects have been convicted of a terrorism related offence since 11 September 2001; All three of those arrested and prosecuted in 2010/11 for terrorism related offences were convicted. 13 defendants were awaiting trial as at 31 March 2011; 88 per cent of defendants tried in 2010/11 for terrorism related offences were convicted; As of 31 March 2011, 119 prisoners, both convicted and remanded, were classified as terrorists; In 2010/11, 9652 stop and searches were made under section 44 of the Terrorism Act 2000; a fall of 91 per cent on 2009/10;

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There were 41 police cordons under terrorism legislation in 2010/11. Operation of police powers under the Terrorism Act 2000 and subsequent legislation - arrests, outcomes, stops and searches, Great Britain 2010/11 can be accessed in full at: http://www.homeoffice.gov.uk/publications/science-researchstatistics/research-statistics/counter-terrorism-statistics/ hosb1511/hosb1511?view=Binary

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POLICINg PRACTICE: POLICE

In 2010/11 65, 684 persons were stopped and searched and examined in a border area in Great Britain under the powers under Schedule 7 to the Terrorism Act 2000;

Reported Road Casualties in Great Britain: Annual Report Published

The Department for Transport has published its annual report for 2010; presenting detailed statistics about the circumstances of personal injury accidents, including the types of vehicle involved, the resulting casualties and factors which may contribute to accidents. Key findings from the report include: In 2010, there were a total of 208,648 casualties in road accidents reported to the police; 6 per cent lower than in 2009. 1,850 people were killed, 17 per cent lower than in 2009 and 22,660 were seriously injured, down 8 per cent. Motor vehicle traffic fell by 2 per cent over the same period; The number of fatalities fell for almost all types of road user, with a fall of 21 per cent for car occupants, 19 per cent for pedestrians, 15 per cent for motorcyclists. Pedal cycle fatalities rose by 7 per cent; In 2010, it is estimated that 5 per cent of all road casualties occurred when someone was driving whilst over the legal alcohol limit. The provisional number of people estimated to have been killed in drink drive accidents was 250; 14 per cent of all road fatalities; `Failed to look properly' was the most frequently reported contributory factor and was reported in 40 per cent of all accidents reported to the police in 2010; Not all non-fatal accidents are reported to the police. The report estimates that the total number of road casualties in Great Britain, including those not reported to police, lies between 660,000 and 800,000; In 2010, the economic welfare cost of reported road accidents was estimated to be around £15 billion. Reported Road Casualties Great Britain: 2010 Annual Report can be accessed in full at: http://www.dft.gov.uk/statistics/releases/road-accidents-andsafety-annual-report-2010

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Police Reform and Social Responsibility Act 2011

The Police Reform and Social Responsibility Act received Royal Assent on 15 September 2011. It is formed of five parts and seventeen Schedules and covers the following policy areas: police accountability and governance; alcohol licensing; the regulation of protests around Parliament Square; misuse of drugs; and the issue of arrest warrants in respect of private prosecutions for universal jurisdiction offences.

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Part 1: Police Reform This Part contains provisions to abolish police authorities (excluding the City of London) and replace them with directly elected Police and Crime Commissioners for each police force outside London, and the Mayor's Office for Policing and Crime for the Metropolitan Police. Police and Crime Commissioners will be responsible for holding the chief constable of the police force to account for the full range of their responsibilities; with the chief constable retaining responsibility for the direction and control of the police force. Part 1 states the basic duties of a Police and Crime Commissioner, which will include publishing a police and crime plan, setting the local police and crime objectives, and setting the local precept and annual force budget. Provisions are also included which allow for Police and Crime Commissioners to appoint, suspend and dismiss the chief constable of their police forces. The appointment of all other officers will remain a matter for the chief constable. Part 1 makes provision for replacing the Metropolitan Police Authority with the Mayor's Office for Policing and Crime, to be run by the Mayor of London. It also contains provisions relating to the first and subsequent elections of Police and Crime Commissioners; the first to be held on 15 November 2012 and subsequent elections on the `ordinary day of election'. Elections will be held every four years. Part 2: Licensing Part 2 contains provisions to amend the Licensing Act 2003 to give licensing authorities, the police, local authorities with responsibility for controlling noise nuisance and communities an increased role in licensing decisions. Greater powers are given to licensing authorities and there is provision for doubling the maximum fine for premises which persistently sell alcohol to those under 18 and increasing the period of suspension that can be imposed on such premises. The evidential burden on licensing authorities and police when making decisions under the Licensing Act 2003 is reduced. Under Part 2, police and local authorities exercising environmental health functions will be able to object to a temporary event notice on the basis of all the licensing objectives in the Licensing Act 2003 and licensing authorities will be able to impose conditions on a temporary event notice in limited circumstances. Part 2 also makes provision to enable licensing authorities to introduce a levy on premises in their areas which supply alcohol as part of the late night economy. The levy will be able to be imposed for a period of any duration between midnight and 6am and at least 70 per cent of the funds generated will be paid to the police and crime commissioner.

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Part 3: Parliament Square Garden and surrounding area This part contains a new legal framework for Parliament Square which aims to prevent encampments and other disruptive activity. Constables and authorised officers are given the power to prohibit persons from engaging in certain activities in a specified area of Parliament Square; namely the central garden area and adjoining pavements. It also repeals existing provisions relating to government protests in the vicinity of Parliament, set out in sections 132 to 138 of the Serious Organised Crime and Police Act 2005. Part 4: Miscellaneous Amends relevant legislation to enable local authorities to attach powers of seizure and retention, in connection with any breach of a byelaw specified by the Act. Part 4: Misuse of Drugs Amends the Misuse of Drugs Act 1971 by introducing a new power for the Secretary of State to temporarily control a substance for up to one year by statutory instrument. There are also measures in this part to amend the constitution of the Advisory Council on the Misuse of Drugs by removing the statutory requirement on the Secretary of State to appoint members with experience in specified activities.

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Part 4: Arrest warrants Gives effect to the commitment of the Justice Secretary, that there would be a legislative amendment to require the consent of the Director of Public Prosecutions (DPP) before an arrest warrant can be issued on the application of a private prosecutor in respect of offences over which the UK has asserted universal jurisdiction. These offences, which include war crimes under the Geneva Conventions Act 1957, may be tried in England and Wales even if the crime was committed outside the UK, and regardless of the nationality or residence of the offender. The requirement for the DPP's consent is intended to ensure that an arrest warrant is only issued where there is a prospect for a successful prosecution.

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Part 5: final Provisions Contains technical sections on orders and regulations, money, the territorial extent of the Act, commencement and the short title of the Act. The Police Reform and Social Responsibility Act 2011 can be accessed in full at: http://www.legislation.gov.uk/ukpga/2011/13/contents/ enacted/data.htm

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Quarterly Crime Statistics Published

The latest National Statistics on crime in England and Wales have been published, based on interviews from the British Crime Survey (BCS), and crimes recorded by the policy in the 12 months to June 2011. There was no statistically significant change in the BCS crime compared with the previous year, and the number of crimes recorded by police fell by four per cent. There were falls in most police recorded crime offence groups except robbery, `other theft' offences and the most serious sexual crimes. Police recorded violence against the person fell by 9 per cent, with falls in both violence with injury and violence without injury (9 per cent and 6 per cent respectively). Police recorded robbery rose 3 per cent, with the number of robberies involving knives up 7 per cent. The number of the most serious sexual offences recorded by police rose by 2 per cent. There was no change in BCS burglaries, with police recorded crime figures showing a fall of 3 per cent in domestic burglary. Both sources provide some evidence of increases in lower-level theft offences, such as pick-pocketing, shoplifting and theft of unattended property. Police recorded `other theft' rose by five per cent and BCS `other household theft' was up 13 per cent. Falls in vandalism were shown in both sources. Provisional statistics recorded by the police showed a 16 per cent fall in firearms offences. BCS interviews in the 12 months to June 2011 revealed that 54 per cent of people agreed that the police and local council were dealing with the crime and anti-social behaviour issues in their area; an increase from 52 per cent last year. The proportion of people who thought the police in their local area did a good or excellent job also increased, from 57 percent to 60 percent. Home Office Statistical Bulletin 16/11 - Crime in England and Wales - Quarterly Update to June 2011, can be accessed in full at: http://www.homeoffice.gov.uk/publications/science-researchstatistics/research-statistics/crime-research/hosb1611/ hosb1611?view=Binary

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New Strategy Plan to Reduce fraud

Thirty-seven organisations, including ACPO, SOCA, the Home Office and Victim Support, have joined forces to launch a new strategic plan to reduce fraud. It is the first time that government, industry, voluntary groups and law enforcement agencies have joined together on such a large scale to sign a joint commitment to tackle fraud.

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While there have been improvements in the ability to tackle fraud, for example through the Government's Fraud and Debt Taskforce which will save £1.5 billion by 2014/15 once fully rolled out, the threat from fraud continues to have a damaging effect. The National Fraud Authority Annual Fraud Indicator for 2011 estimates that fraud costs the UK £38.4 billion a year, with £21bn against the public sector. The ambition of `Fighting Fraud Together' is that by 2015, the country will be demonstrably more resilient to and less damaged by fraud. This will be done through: Individuals, businesses, public and voluntary bodies detecting and preventing more fraud; Law enforcement and other partners increasing the risk of disruption and punishment to organised and opportunistic fraudsters, thus deterring potential criminal offenders. This will be delivered through the following three strategic objectives: Awareness: Preventing more fraud by achieving a step change in awareness of fraud among the general public and organisations in the private, public and voluntary sectors and in their ability to protect and safeguard themselves;

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Prevention: Preventing more fraud through stronger systems and controls in our businesses, and public and voluntary services; Enforcement: Strengthening the response to be tougher on fraudsters by disrupting and publishing them more efficiently and effectively. The strategy will ensure that new activities are prioritised against those enablers that help criminals conduct many types of fraud and that efforts are intensified in sectors that have significant or increasing fraud risks, but insufficient counter fraud activity. It will also ensure that existing counter fraud efforts are brought together and are better co-ordinated. Fighting Fraud Together - The strategic plan to reduce fraud can be accessed in full at: http://www.homeoffice.gov.uk/publications/agencies-publicbodies/nfa/fighting-fraud-tog/fighting-fraud-together

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Latest Trends in Child Trafficking

The Child Exploitation and Online Protection (CEOP) Centre has published its latest understandings of the trends, themes and patterns that lie behind the trafficking of children into and within the UK. The update builds on CEOP's previous assessment of child trafficking and was compiled in partnership with the

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UK Human Trafficking Centre (UKHTC) and the NSPCC's Child Trafficking Advice and Information Line (CTAIL). It is intended to give front line practitioners a snap shot of the vulnerabilities that children face from child trafficking networks. Referral data from UKHTC ad CTAIL shows that 202 children were identified as having been trafficked into and within the UK over the period 1 January 2011 to 15 September 2011. Of those 67 victims were from Africa, 63 victims were from Asia, 50 victims were from Eastern Europe and 22 victims were from other regions including Western Europe, South America and the Caribbean. Most of the victims identified were female; however the majority of victims from Asian countries were male. The age distribution of child trafficking victims is broadly similar across each region, with most victims aged 14-16. There were, however, no victims from Asian countries under the age of 11 present in the dataset. Many victims of trafficking are subject to multiple forms of exploitation. In total, 23 children and young people were trafficked into the UK in the first three quarters of 2011 for the purpose of benefit fraud. In these cases, exploiters traffic children into private fostering arrangements in order to claim benefits, or claim benefits under several fraudulent identities for a child. 21 children and young people were trafficked into the UK for the purposes of cultivating cannabis, often working as `gardeners' in converted residential homes. This type of exploitation is predominately associated with children trafficked from Vietnam. 15 children were trafficked into the UK for forced criminality other than cannabis cultivation. All victims involved in this form of exploitation were from Eastern European countries. 23 victims were found to be exploited through domestic servitude and 56 victims had been subject to labour exploitation. This included exploitation through agriculture, construction, hospitality and nail bars. Overall, sexual exploitation is the most prevalent form of exploitation in the dataset, with 53 victims having been sexually exploited. This includes 15 victims of UK nationality who were trafficked for sexual exploitation within the UK. All victims of sexual exploitation in the dataset were female. This type of exploitation often involves perpetrators acting in networks; grooming victims to believe they are in a genuine romantic relationship before sexually exploiting them. CEOP's Child Trafficking Update October 2011 can be accessed in full at: http://ceop.police.uk/Documents/ceopdocs/child_trafficking_ update_2011.pdf

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Safeguarding Children who May Have Been Trafficked

Guidance has been published to help agencies and their staff safeguard and promote the welfare of children who may have been trafficked. Issued jointly by the Department for Education and the Home Office, the guidance provides an update to the original practice guidance that was issued as supplementary guidance to `Working together to safeguard children (2006)'. It reflects a number of changes since the original publication, such as the introduction of the National Referral Mechanism and the duty on the UK Border Agency to safeguard and promote the welfare of children, which came into force in 2009. It also delivers a key action in the human trafficking strategy in relation to child trafficking - raising awareness and aiding identification of victims at a local level. Safeguarding children who may have been trafficked - Practice Guidance, can be accessed in full at: https://www.education.gov.uk/publications/standard/ publicationDetail/Page1/DFE-00084-2011

Anti-Social Behaviour Order Statistics Published

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The Ministry of Justice has published a notice detailing statistics on the Anti-Social Behaviour Orders (ASBOs) administered in England and Wales between 1 April 1999 and 31 December 2010. These include: In total 20,335 ASBOs were issued over the period; The highest number of ASBOs issued in any calendar year was 4,122 in 2005. Since then there have been year on year falls in the number of ASBOs issued, with 1,664 issued in 2010; Since 1 June 2000, 86 per cent of ASBOs have been issued to males; Since 2004, more ASBOs have been issued following conviction for a criminal offence, rather than following an application; 60 per cent of ASBOs issued up to the end of 2010 were for a period of between two and three years; Of the 20,335 ASBOs issued, 8,147 were made as a result of an application to magistrates' or county courts with 92.1 per cent of applications made by the police or local government authority; Of the 20,231 ASBOs issued in the period 1 June 2000 to 31 December 2010, 56.5 per cent had been breached at least once with 42 per cent breached more than once;

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By the end of 2010, juveniles accounted for 46 per cent of all ASBOs breached, despite accounting for only 38.5 per cent of those issued; There were a total of 51,976 separate breaches of ASBOs and if an ASBO is breached, it is breached 4.5 times on average; Immediate custodial sentences were given to 6,007 offenders for breaches of ASBOs with an average custodial sentence length of 5.2 months. Anti Social Behaviour Order Statistics - England and Wales 2010, can be accessed in full at: http://www.homeoffice.gov.uk/publications/science-researchstatistics/research-statistics/crime-research/asbo-stats-englandwales-2010/asbo10-xls?view=Binary

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New Public Sector Guide to Duties under the Equality Act

The Government Equalities Office has published a quick start guide; to help public sector organisations understand the specific duties that support the public sector Equality Duty under the Equality Act 2010. The Equality Act 2010 consolidated previous anti-discrimination legislation into a single Act. Section 149 of the Act, which came into force on 5 April 2011, sets out the public sector Equality Duty, requires public authorities, and those exercising public functions, to have due regard to the need to: (a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The Equality Act 2010 (Specific Duties) Regulations 2011 came into force on 10 September 2011. They require public bodies to publish relevant, proportionate information demonstrating their compliance with the Equality Duty, and to set themselves specific, measurable equality objectives. Equality Act 2010: Specific duties to support the Equality Duty What do I need to know? Can be accessed in full at: http://www.homeoffice.gov.uk/publications/equalities/ equality-act-publications/equality-act-guidance/specificduties?view=Binary

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Thematic Inspection Report: Alternatives to Custody for women Offenders

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A report has been published following an inspection to consider the extent to which non custodial options are being put forward and taken up in respect of women offenders. The inspection, led by HM Inspectorate of Probation and supported by HM Crown Prosecution Service Inspectorate and HM Inspectorate of Prisons, focused on women who had either been sentenced to a community order or released from prison on licence. The inspection found that Probation Trusts had worked well with the National Offender Management Service (NOMS) and the Ministry of Justice, as well as partners and other agencies to develop a sound strategic framework for working with women offenders. Measures to assess the progress made on implementing the strategic framework were, however, generally underdeveloped at all levels.

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It was evident that sentencers were working hard to establish the right balance between the gravity of the offence, the needs of the woman and the risk of harm she posed to others. While sentencing guidelines did not allow for women offenders to be treated differently from men, mitigating circumstances, often linked to complex domestic situations, permitted sentencers to apply different approaches in many women's cases. Despite this however, many women, often those who posed only a low risk of harm to others, continued to find themselves in custody, frequently for breaching their community order or licence. The inspection found that non-custodial options being put forward and taken up were credible to the courts, but not always to the women offenders themselves. This was shown by their lack of engagement and failure to comply with the requirements of their supervision. Some offender managers still lacked the skills and knowledge to work with women offenders effectively. The report stated that the work undertaken at strategic level now needed to be consolidated in order to embed the changes required into practice. Equal but different?: An inspection of the use of alternatives to custody for women offenders, can be accessed in full at: http://www.justice.gov.uk/downloads/publications/inspectoratereports/hmiprob/womens-thematic-alternatives-to-custody2011.pdf

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NPIA Launches New Olympics Awareness Training

The National Policing Improvement Agency has launched a new online Olympic training package, Police General Awareness, to enable police officers and staff across the UK to prepare for the London 2012 Olympic and Paralympic Games. The training, aimed at all 250,000 police officers and staff across the UK, also gives details of the safety operation for the London Olympics and information on the main security threats, including terrorism, public disorder, domestic extremism and serious and organised crime, as well as natural hazards. The training is the second in a series of three stand-alone but related e-learning modules which together make up the Olympic Awareness training package. The module contains information on the main security issues, key events and venues, enhanced transport facilities, command structure, and mutual aid requirements as well as the Olympic Torch Relay, Cultural Olympiad and parallel events which will impact every force area. It is recommended that all police personnel complete this package prior to the arrival of the Olympic Torch Relay in the UK on 18 May 2012. The package advises police to look for less obvious offences, such as IT crime, ticket fraud and human trafficking and highlights measures to deal with Olympic-related crime, particularly involving international criminals or victims. It also outlines the challenges of policing the four-month period from the start of the Olympic Torch Relay in May to the closure of the Olympic Park in September, including the Games themselves and other events around the country. The training is available through the NCALT Managed Learning Environment and will help police across the UK to adopt a consistent and coherent approach to the national security operation around the Games. The first instalment of the Olympic Awareness training package, Tri-Service Awareness, was launched last May for all emergency services and agencies involved in the safety and security operation for the Olympics. The third and final module, Police Operational Awareness, will be aimed specifically at those personnel directly involved in policing the Games and will be available in April 2012. Further details of the NPIA Olympics Awareness training can be accessed at: http://npia.pressofficeadmin.com/index.php/component/ content/article/38-press-releases/411

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Review of Effective Practice in Responding to Prostitution Published

The Home Office has published a review which supports local areas in indentifying and tackling the issues they may be experiencing as a result of prostitution. The Review of Effective Practice in Responding to Prostitution is aimed at strategic Local Authorities and Community Safety Partnerships and is intended to allow and encourage them to develop a response to prostitution that aims to improve the outcomes for the community and particularly those involved in prostitution. Evidence from visits to 14 areas and consultation with experts consistently showed the following as being key elements of a successful strategy for responding to prostitution and keeping those involved safe: Taking account of the concerns of a broad range of constituencies, which includes local residents, statutory and voluntary sector agencies, as well as the people involved in prostitution themselves; A multi-agency approach, with as many relevant agencies involved as possible including relevant specialist services, is important to tackle the range of complex needs and issues that around prostitution; Considering prevention, particularly with regards to identifying and preventing sexual exploitation of children; Comprehensively mapping an area, to identify a set of multiple and complex needs and issues to address. The safety of those involved in prostitution is a priority, alongside a wider range of support; Local `Ugly Mugs' or `Dodgy Punter' schemes can help improve safety by allowing people involved in prostitution to report incidents of violence, which can then enable information about dangerous individuals to be disseminated to others or be used to report a crime to the police for investigation;

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Increasing the confidence of those involved in prostitution to report crimes to the police. This can involve working with sex work support projects to communicate the message that crimes against those involved in prostitution will be taken seriously;

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The police's responsibility for public protection means that stopping attacks on those involved in prostitution, and catching and convicting those responsible, is a core part of reducing the harm from prostitution;

The availability of an Independent Sexual Violence Advisor (ISVA) or the services of a Sexual Assault Referral Centre (SARC) or a Rape Crisis Centre can make an important contribution to safety. A number of areas have developed a partnership with a SARC to ensure that those involved in prostitution who have suffered a serious sexual assault can access the appropriate services; Outreach is an effective way of achieving an initial engagement or awareness with individuals which can then lead to more sustained engagement; Individuals involved in prostitution are likely to have a wide and diverse range of needs that require addressing; Housing was identified as a particularly important issue for those seeking to stabilise their lives and to exit prostitution and to cease drug use; Ongoing monitoring can help ensure that appropriate standards are being upheld, that local objectives are being met, and that no adverse impacts are arising. Evaluation can also help maximise value for money of interventions and support. A Review of Effective Practice in Responding to Prostitution can be accessed in full at: http://www.homeoffice.gov.uk/publications/crime/respondingto-prostitution?view=Binary

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Prisoners to Pay Back Victims

Up to 40 per cent of prisoners' net earnings could be seized under proposals which have been brought into force, with the funds going towards services which support victims of crime. The provisions of the Prisoners' Earnings Act 1996, which came into force on 26 September 2011, apply to low-risk prisoners who work outside of prison to prepare for their eventual release. It is hoped that the contributions through the Act will earn up to £1 million a year. The money will go to the national charity Victim Support and will pay for support services, helping victims to recover from the trauma of crime and forcing criminals to take responsibility for the harm they have caused. The Prisoners' Earnings Act 1996 can be accessed in full at: http://www.legislation.gov.uk/ukpga/1996/33/contents

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Statistical Analysis of Deaths in Custody Published

The Independent Advisory Panel on Deaths in Custody has published their statistical analysis of all recorded deaths in state custody between 1 January 2000 and 31 December 2010.

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The report found that: In total, 5,998 deaths were recorded from 2000 to 2010. This is an average of 545 deaths per year. Of these deaths, 72 per cent were of males and 28 per cent were of females; A total of 607 deaths were reported in 2000 compared to 512 in 2010; Deaths of those detained under the Mental Health Act (MHA) and those in prison custody, account for 92 per cent of all deaths in state custody, at 61 per cent and 31 per cent respectively; 66 per cent of deaths were recorded as natural causes. Of these, 71 per cent of deaths were of patients detained under the MHA; 9 per cent of the 5,998 deaths were of individuals from Black and Minority Ethnic (BME) groups, with 5 per cent classified as Black, 3 per cent as Asian, 1 per cent as Mixed Ethnicity and 0.2 per cent as Chinese. 87 per cent were classified as White. Ethnicity was either not known, or not stated in 3 per cent of cases and 1 per cent were classified as `Other'; In 0.3 per cent of deaths, the application of restraint by custodial staff was attributed to the cause of death during the Coroner's inquest. The IAP Statistical Analysis of All Recorded Deaths in State Custody between 2000 and 2010 can be accessed in full at: http://iapdeathsincustody.independent.gov.uk/news/iap-publishstatistical-analysis-of-all-recorded-deaths-2000-2010/

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Joint Committee Publishes Report on the Proposal for the Sexual Offences Act 2003 (Remedial) Order 2011

The Joint Committee on Human Rights has published a report into the proposal for the Sexual Offences Act 2003 (Remedial) Order 2011. The proposal follows the judgement of the Supreme Court in the case of F & Thompson v Secretary of State for the Home Department, in which it held that indefinite registration on the sex offenders register, without opportunity for review by an appropriate tribunal was incompatible with the right to respect for private life. The purpose of the order is to remove the incompatibility in section 82(1) of the Sexual Offences Act 2003, which provides for the notification arrangements created by the Sexual Offences Act 2003 to apply indefinitely to offenders sentenced to a term of imprisonment lasting 20 months or more. Remedial orders are secondary legislation made under the Human Rights Act 1998 to remove incompatibilities with the Convention in primary legislation, which have been identified either by domestic courts or the European Court of Human Rights. The Committee welcomed the use of the remedial process in this case and agreed what there was no case for an urgent order to be made. It concluded, however, that the Government's proposals do not go far enough to remove the incompatibility identified by the Court. It stated that the proposed review, to be undertaken by a Chief Police Officer, does not amount to review by an appropriate tribunal. The Committee recommended that the proposal be amended to avoid further unnecessary litigation and violations of Article 8. The Committee recommended amending the draft Order to provide for a review by an independent and impartial tribunal, to be conducted by a court of sufficient seniority such as the High Court or Crown Court. It recommended including a test to be applied on review, incorporating a proportionality exercise and introducing the impact on the individual offender as a relevant factor to be considered on review. The Committee concluded that additional guidance will be essential to ensuring procedural fairness for both victims and offenders, and called for statutory guidance to be required by the terms of the Order. In the report the Committee also considered the particular impact on indefinite notification on child offenders, and recommended introducing either: 1) A discretionary opportunity for review of the proportionality of notification requirements imposed on child offenders, or 2) A shorter period for rolling reviews in the case of child offenders.

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The Joint Committee on Human Rights - Proposal for the Sexual Offences Act 2003 (Remedial) Order 2011 can be accessed in full at: http://www.publications.parliament.uk/pa/jt201012/jtselect/ jtrights/200/20002.htm

Justice and Security Green Paper Published

A new green paper has been published which aims to respond to the challenges of how sensitive information is treated in the full range of civil proceedings. Through the Justice and Security Green Paper, the Government wants to gather the best possible picture of the public's views of the issues, in order to inform development of policies and legislative proposals. The existing concept of Public Interest Immunity (PII) enables sensitive material to be excluded from cases where the public interest in withholding the information outweighs the public interest in disclosing it. In such proceedings, however, judges are delivering judgements without being able to take into account key information. This, the paper states, weakens the UK's reputation as a free and fair democracy which is respectful of human rights and the rule of law. It also means there is a risk that security and intelligence agency activity is not properly considered through the justice system. The Green Paper does not look at the operation of criminal proceedings or the potential use of intercept as evidence; which is being reviewed separately by the Government. It seeks to find solutions that will improve the current arrangements, while upholding the Government's commitment to the rule of law. The paper states that a framework is urgently needed which will enable the courts to consider material which is too sensitive to be disclosed in open court, but will protect the fundamental elements that make up a fair hearing. The proposals outlined in the paper apply throughout the UK in the policy areas where the UK Government's responsibilities extend across England, Northern Ireland, Scotland and Wales. In developing the proposals, the Government has been guided by the following key principles; that:

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Even in sensitive matters of national security, the Government is committed to transparency - and to demonstrating that they have no fear of scrutiny of even the most contentious public issues - and that it is in the public interest that such matters are fully scrutinised; The Government must protect sensitive sources, capabilities and techniques and relationships with international partners, whose co-operation they rely on for national security;

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Rights to justice and fairness must be protected;

As much relevant material as possible should be considered by the courts in order that judgments are based on a complete picture and that justice is done more fully by reducing the number of actions that have to be settled or dropped; Parliament should assist the courts by ensuring that appropriate mechanisms are available for handling these challenging cases and by clarifying when and how they can best be used; Reforms drawn from existing, tried and tested procedures will be easier to implement and more likely to succeed; Any proposals contain the necessary flexibility to be valid in any context or circumstance in which they may be required in the future; Effectiveness and credibility should be key considerations when considering possible improvements to the oversight arrangements of the security and intelligence agencies. In considering the possible range of responses to the challenges, the proposals have been divided into three areas; enhancing procedural fairness, safeguarding material and reform of intelligence oversight.

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Enhancing procedural fairness Proposals in this section seek to maximise the amount of relevant material available for consideration in civil proceedings, while at the same time ensuring that sensitive material is afforded appropriate protection. The Government proposes to introduce legislation to make closed material proceedings more widely available in civil proceedings, for use in rare instances in which sensitive material is relevant to the case. Safeguarding material The paper asks for opinion on what is the best mechanism for ensuring that, in civil cases where sensitive material is relevant and closed material procedures weren't available, such cases can be tried fairly without undermining the crucial responsibility of the state to protect the public. In relation to court-ordered disclosure where the Government is not a primary party, the Government proposed to limit the role of the courts in these cases, particularly with regard to foreign legal proceedings over which there is no control. Reform of intelligence oversight Proposals in this section examine ways in which the existing independent and parliamentary bodies may be more effective, and be seen to be more effective, thus increasing public confidence. The public consultation on the Green Paper is open

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to anyone with an interest and the deadline for submitting responses is 6 January 2012. The Justice and Security Green Paper can be accessed in full at: http://consultation.cabinetoffice.gov.uk/justiceandsecurity/wpcontent/uploads/2011/green-paper.pdf

Joint Committee Report on Protection of freedoms Bill

The Joint Committee on Human Rights has published a report on the Protection of Freedoms Bill, which is currently making its way through Parliament. The Committee welcomed the enhanced human rights protections that the Bill would provide, but believed that this protection could be further strengthened in some areas. Retention of fingerprints and biometric materials Part 1 of the Bill contains provisions to reform the law on the retention of fingerprints and DNA samples and profiles in England and Wales. This follows the judgement of the European Court of Human Rights (ECtHR) in Marper v UK, which found that existing provisions in the UK pose a disproportionate interference with the right to private life. The Committee welcomed the provisions of the Bill as a significant improvement on those contained within the Crime and Security Act 2010, but raised a number of concerns which included: Without fuller information and statistics on the operation of the National DNA Database, the committee could not reach a firm conclusion on the proportionality of these measures. The Committee recommended that the Government publish a regular report to Parliament on the operation of the proposals in the Bill; The Committee was concerned that the Bill contains a mechanism whereby profiles of those arrested but not charged may be retained in `prescribed circumstances' where the Biometrics Commissioner consents. The Committee felt this may create a significant incompatibility with the right to respect for private and family life;

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The Committee raised concerns that the Bill would create a broad `catch all' discretion for the police to authorise the retention of material indefinitely for reasons of national security. The Minister had not provided a justification of why the power was necessary and proportionate and without further justification or additional safeguards, the Committee felt these measures should be removed from the Bill.

Processing of children's biometric information The Bill provides new safeguards in relation to the processing of children's biometric information, and the Committee welcomed this additional protection. There were two human rights concerns in relation to this however: The provision that parental consent is required is unnecessarily weakened by the exception if `it is otherwise not reasonably practicable to obtain the consent of the parent'. The Committee did not find this necessary and recommended its deletion from the Bill; The Bill provides that children of sufficient maturity and understanding cannot give their consent to the processing of their biometric information if their parents do not also consent to such use. The Committee did not consider this interference with the rights of older children to respect for their private life necessary or proportionate. It recommended amending the Bill to enable children of sufficient maturity and understanding, or alternatively sixth form students, to decide for themselves whether their biometric information should be processed. CCTV

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The Bill proposes a surveillance code covering the operation of CCTV by public authorities in England and Wales, and a Commissioner to promote compliance with the code. While the Committee welcomed this introduction, it was difficult to assess whether the Code will help strike a balance between an individual's right to a private life and the wider interest in the prevention and detection of crime, without seeing a final draft of its proposed content. The Committee welcomed the decision to subject the Code to Parliamentary approval and recommended that the code should include information on the use of CCTV in schools, residential care homes and healthcare settings. Powers of Entry The Committee welcomed the recognition in the Bill that powers of entry should be strictly limited to those circumstances in which such a power is justified, necessary and accompanied by appropriate safeguards. The Home Office has published a list of around 1200 statutory powers with associated powers of entry, and the review of these powers was also welcomed. The Committee however raised concerns that as this review has yet to be completed, the legislation proposed in the Bill is overly broad and creates a risk that delegated legislation may be used to extend existing powers of entry and create a new risk to the right to respect for private life. If a broad power to amend and replace existing powers of entry is approved, the

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Committee stated that the Bill should be amended to limit this power to amendments which introduce new safeguards against inappropriate use of powers of entry or repeal existing powers. The Committee also reiterated it's view that all-premises and multiple-entry warrants create new and unique risks for the right to respect for privacy. Pre-charge detention of terrorist suspects The Bill makes permanent the reduction in the maximum period of pre-charge detention of terrorist subjects to 14 days, and removes the power of the Secretary of State to increase it again to 28 days. The Government has published draft Bills which would increase the period of maximum detention to 28 days if introduced at a time of emergency. While the Committee welcomed the decision to permanently reduce the maximum period of pre-charge detention, it doubted whether it had been demonstrated that it is necessary to make provision for a contingency power to extend the period beyond 14 days in the event of a future emergency. Counter-terrorism stop and search powers The Bill repeals the current counter-terrorism powers to stop and search without reasonable suspicion, and replaces them with powers to stop and search which are still exercisable without reasonable suspicion, but are only available in more circumscribed circumstances and subject to stronger safeguards. The Committee stated that the removal of the requirement takes away a significant safeguard against exercises of the power to search which may be incompatible with Convention rights. In the absence of clearer evidence of operational difficulties caused by the existing requirement, the Committee was are not persuaded of the necessity for removing a safeguard which, it stated, reduces the risk of an intrusive power to search being exercised in a way which infringes an individual's rights and liberties. Safeguarding vulnerable groups and vetting and barring The Bill alters the operation of the Vetting and Barring Scheme, which aims to safeguard children and vulnerable adults, reducing the scope of regulated activity, abolishing the concepts of controlled activity and altering the test for barring decisions. The Committee welcomed the Government's aim to make the Scheme more targeted and proportionate, by taking a more risk-based approach, however recommended repealing the restriction on the jurisdiction of the Upper Tribunal in the Safeguarding Vulnerable Groups Act 2006 to provide for a full merits appeal against inclusion on the barred list.

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Criminal records The Bill reforms the system of criminal records disclosure to achieve a more targeted and proportionate approach to the disclosure of sensitive personal information and these changes were welcomed by the Committee. The Committee stated that the introduction of basic level certificates, covering only unspent convictions, would be a further step to a more proportionate approach and as a result recommended that section 112 of the Police Act 1997, which provides for a criminal conviction certificate containing the details of all unspent convictions that are recorded on central records, be brought into force. The provision for an independent review of the inclusion of nonconviction information on an enhanced criminal records check was also welcomed. freedom of information and data protection Part 6 of the Bill includes a number of changes to the legal mechanism for the publication of datasets held by public authorities and makes changes to the terms of appointment of the Information Commissioner and the role of the Secretary of State in connection with the work of the Information Commissioner. The Committee welcomed the proposed changes and felt they should enhance the impendence of the role.

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Reform of the Public Order Act: Insulting words or behaviour and freedom of expression The Committee supported the amendment of the Public Order Act 1986 to remove all references to offences based on insulting words or behaviour, considering it to be a human rights enhancing measure which would remove the risk that the provisions may be applied in a manner which is disproportionate and incompatible with the right to freedom of expression. The Joint Committee on Human Rights report on the Protection of Freedoms Bill can be accessed in full at: http://www.publications.parliament.uk/pa/jt201012/jtselect/ jtrights/195/19502.htm

Human Rights Joint Committee Publishes Second Report on Terrorism Bill

PARLIAMENTARy ISSuES

The Joint Committee on Human Rights has published its second paper on the Terrorism Prevention and Investigation Measures (TPIMs) Bill. It follows the Government's response to the first report, published in July this year, and the views expressed during the debate on the Bill's second reading in the House of Lords.

Digest November 2011

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Prior judicial authorisation In it's first report, the Committee welcomed the Government's restatement of its commitment to the priority of prosecution but were concerned that TPIMs remained outside of the criminal justice process. As a result the Committee recommended amendments to the Bill designed to ensure that TPIMs would only be available as part of an active, ongoing investigation. The Committee remained of this view in the second report, noting that there is no `well established principle' across our legal system of executive-imposed restrictions on individuals who are not subject to any ongoing criminal process. On the contrary, the well-established principle is that executive restrictions on liberty are such a radical departure from common law tradition that they always require prior judicial authorisation after proper legal process. Such authorisation was recommended by the Committee, who stated that it is for the Government to justify the Bill's departure from the fundamental principle. Standard of proof The Committee were of the view that reasonable belief is too low a threshold for the imposition of such intrusive measures. The standard, it states, should be the balance of probabilities. The Committee supported the amendment to the Bill, to the effect that the decision of the court as to whether the individual is, or has been involved in terrorism-related activity, is to be taken on the civil standard of proof; namely the balance of probabilities. full merits review The Bill, as currently drafted, defines the court's function at the `review hearing' as an essentially supervisory one: the court `must apply the principles applicable on an application for judicial review'. In it's first review, the Committee recommend that was deleted and that the Bill is amended to make clear that the review to be conducted by the courts at the review hearing is a full merits review of whether, in the court's view, the conditions for imposing TPIMs are satisfied. The Government did not agree that it should be deleted; arguing that there is no reason to doubt that courts will continue to apply intense scrutiny in TPIMs cases, as they have in control order cases, and that "continued reliance on case law" is the best way to deliver that intense scrutiny. The Committee disagreed and stated that the surest way to deliver the intense scrutiny that the Government says it intends is to write it explicitly into the Bill. It recommended amending the Bill so that it was clear that the review to be conducted by the courts at the review hearing was a "merits review" (as opposed to a supervisory review) and to delete the requirement

© - National Policing Improvement Agency 2011 Digest November 2011

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PARLIAMENTARy ISSuES

that the court must apply the principles applicable on an application for judicial review. The right to a fair hearing The Committee supported the amendments which would introduce into the relevant provisions: 1) An overriding requirement that the rules of court must provide that the individual on whom the measures are imposed is entitled to be given sufficient information about the allegations against them to enable them, at the review hearing, to give effective instructions to their representatives, and information to the special advocate, in relation to those allegations; 2) A requirement that a direction be given at the directions hearing that the Secretary of State shall provide the individual who is the subject of the TPIMs with sufficient information about the allegations against them to enable them to give effective instructions to their legal representatives, or information to the special advocate, in relation to those allegations at the review hearing. A reaction requiring that such disclosure is made earlier in the process would be more effective because it would ensure that the individual can give effective instructions before the review hearing. Annual review and renewal The Committee remained of the view that TPIMs are an extraordinary departure from ordinary principles of criminal due process, and supported the amendments to the Bill which would replace the five year sunset clause with a requirement of annual review and renewal. The Human Rights Joint Committee - 20th Report - Legislative Scrutiny: Terrorism Prevention and Investigation Measures Bill (Second Report) can be accessed in full at: http://www.publications.parliament.uk/pa/jt201012/jtselect/ jtrights/204/20402.htm

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PARLIAMENTARy ISSuES

Digest November 2011

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NOTES

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© - National Policing Improvement Agency 2011

Digest November 2011

NOTES

Legal Services Chief Executive Officer Directorate www.npia.police.uk

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