Homicide and Serious Crime Command - investigating homicides

Report: 11
Date: 27 April 2006
By: Commissioner

Summary

This report provides an overview of the allocation of resources for homicide investigations on the Homicide and Serious Crimes Command and is provided in answer to questions raised by the MPA. The report will outline the background to homicide investigations in the MPS prior to addressing the MPA questions.

A. Recommendation

That the report be noted.

B. Supporting information

1. The definition of homicide is: ‘The unlawful killing of a human being by another human being’ (Law Commission 2006).

2. The definition of murder is: ‘The unlawful killing of another with the intention to kill or with an intention to cause serious bodily harm’ (Law Commission 2006).

3. Manslaughter covers the majority of homicides where the elements of intention for murder are not present or cannot be proved. This report uses the term homicide to include all unlawful killings.

4. Article 2 of the Human Rights Act places a statutory duty on the police to take all possible action to save and preserve life and this is a guiding principal of all homicide investigation.

5. The investigation of homicide is set out through nationally agreed policy created and driven by the ACPO National Homicide Working Group (NHWG), of which Commander Dave Johnston head of the MPS Homicide and Serious Crimes Command (SCD1) is vice chair. The outcomes from this forum have included the Murder Investigation Manual (MIM) and the Major Incident Room Standard Operating Procedure (MIRSAP).

6. The MPS also has a London Homicide Manual, which is drafted to reflect the diversity of homicide investigation in the capital. This local policy is supported through a quarterly London Homicide Working Group (LHWG) chaired by the Commander SCD1, which allows the sharing of best practice and makes referrals to the NHWG on new and emerging issues.

7. SCD1 are currently developing a wider public involvement in the governance of homicide policy and investigation through the proposed creation of an IAG specific to homicide and to reflect the communities of London.

Operational context

8. The experience gained from high profile cases such as the murder of Stephen Lawrence and Damilola Taylor demonstrate the need for dedicated and well-trained staff, who can respond quickly, and in appropriate numbers to secure evidence and seek the early arrest of offenders. This is the rationale adopted by the MPS.

9. The MPS are seen as leaders in the field of homicide investigation and the detection rate of 86% is well above that of similar sized capital city forces throughout Europe, the USA and Canada. (Toronto, where the population is the closest demographically, the detection rate averages at 65%). In support of this statement, SCD Homicide teams are frequently requested by the Foreign and Commonwealth Office to support or undertake complex homicide enquiries across the world. The past 5 years have seen deployments to several African countries, Commonwealth countries and the Middle East.

Current workloads

10. Homicide investigations are undertaken by three separate commands all within the Specialist Crime Directorate. SCD 1 is responsible for the policy in relation to all homicide investigations and undertakes the majority of investigations on behalf of the MPS. (Around 172 homicides per year). Trident (SCD 8) undertake all homicide investigations involving shootings, where the offender and victim are from the black community. On average they investigate 13 homicides per year. The third area relates to the investigation of intra familial deaths of children under 17 years where the offender is a carer or parent of the victim. This accounts for approximately 5 homicides per year. This specialist work is undertaken by the Child Abuse Investigation Command (SCD 5).

11. In addition to the homicide investigations undertaken, SCD units dedicated to homicide initiate over 2,000 other investigations each year. This figure includes other serious crimes either investigated by SCD or where advice and assistance is given to assist BOCU policing operations. Examples of these other matters include, high-risk vulnerable missing persons, serious wounding and unexplained or suspicious deaths.

12. In the period from the 1 April 1999 to 28 February 2006 there were 1,326 homicides. Of these 1,136 were detected. This provides an overall detection rate of 86%. An average of 190 homicides occurred each year. The current financial year is forecast to reach 164 homicides; the lowest total for a decade (the figure does not include the victims of the bombings on the 7 July 2005), based on this projection, homicides will have reduced by 14% in year. Despite the trend of reduction, there is an increase in those crimes with a greater degree of complexity, which means that resources are committed often for longer periods.

Resources

13. SCD1 are in the process of re-structuring from three commands to a single command, which is due to take place on the 3 April 2006. This report will identify the proposed structure under the new single command (see ‘Terms of Reference’ in Appendix 1) however, in responding to some questions from the MPA it maybe necessary to refer to process’ under the previous structure.

SCD1

14. For the year 2006/07 staffing is set at 1,291, which is made up of 912 police officers and 379 police staff. The single command will be lead by a Detective Chief Superintendent and 12 Detective Superintendents. The twenty-four Homicide Investigation teams are divided between six Detective Superintendents, each leading 4 teams composed of a Detective Chief Inspector, three Detective Inspectors, 26 Detectives and 7 members of the police staff. These teams are geographically situated to provide cover to all 32 boroughs. The structure used reflects the national standards and accounts for key posts in major incident rooms in line with MIM and MIRSAP. By June 2006 the total resources dedicated to homicide in SCD will have reduced by 128 officers. This change reflects a shortfall in the SCD budget, which has led to a loss of 49 detectives and the remainder relate to a transfer of proactive functions to other parts of SCD under the modernisation programme.

SDC8

15. There are 154 staff out of a Budgeted Workforce Target (BWT) of 385 allocated to Trident consisting of 128 police officers and 26 police staff deployed as 4 homicide investigation teams geographically situated to take account of the areas of demand.

SCD5

16. There are 60 police officers out of a BWT 585 formed as two homicide and serious crime teams, which are geographically located in the East and West of the capital to provide cover for this specialist function. The police staff supporting these teams form part of the overall support staff for the wider SCD 5 command.

Homicide Assessment Teams

17 In addition to the day to day service provided by the homicide teams, SCD1 runs a 24 hour Homicide Assessment Team (HAT car) 3 double crewed cars consisting of 2 experienced detectives who are directed through the SCD reserve to attend any incident involving death or serious injury (from which a death may occur). This premium service ensures that appropriate specialist advice can be given to borough staff to ensure that evidential opportunities are captured as early as possible. The team will also call on the on call Detective Superintendent (SCD1) who will then decide on the deployment of SCD resources to take control of an incident based on best information from the team. A review of this decision is taken within 24 hours by the Commander SCD 1 or the deputy to decide on the categorisation of the offence within nationally agreed parameters.

Home Office Large Major Enquiry System (HOLMES)

18. All homicides in the MPS are conducted on the HOLMES system, there may be an exception given in very straightforward Category C cases where such resourcing is clearly not required. In such cases, authority of the Commander SCD 1 must be sought. HOLMES is a nationally accredited and used system, which allows transfer of data between forces on linked enquiries and ensures standard capture and use of data in all enquiries. The MPS currently have 717 active accounts and SCD1 have 31,637 outstanding actions on the HOLMES database. These relate to ongoing homicides and other major enquiries spanning several years.

19. Diversity analysis

Chart 1: Homicide Victim comparison data of FY 1999/00 to 2005/06 (Feb) with Census 2001 data (see supporting material)

20. Apart from Black (Black/African/Caribbean/Caribbean British) all Homicide victims categories follow the national population trends. White European accounted for approximately 50% of homicide victims but 74.4% of the population in London. Black African/Caribbean account for approximately 30% of homicide victims and 10.9% of the population based on census figures. Asian (Indian/Pakistani) on the other hand accounted for 12% of Homicide victims and 12.1% of the population.

21. Homicide tables for victim ethnicity, accused ethnicity and detections rate are shown in Appendix 2.

MPA questions - The basis on which decisions about the allocation of resources to the investigations of homicides is made.

22. The national guidance (MIM MIRSAP) provides a framework on which homicides should be categorised. This is replicated below:

• Category A+ - A homicide or other major investigation where public concern and the associated response to media intervention is such that normal staffing levels are not adequate to keep pace with the investigation.
• Category A - A homicide or other major investigation which is of grave concern or where vulnerable members of the public are at risk, and where the identity of the offender(s) is not apparent or the investigation and securing evidence requires significant resource allocation.
• Category B - A homicide or other major investigation where the identity of the offender(s) is not apparent, the continued risk to the public is low and the investigation or securing evidence can be achieved within normal force resourcing arrangements.
• Category C - A homicide or other major investigation where the identity of the offender(s) is apparent from the outset and the investigation and/or securing evidence can be achieved easily.

23. This is the first test on which allocation of resources is considered and as can be seen, to a degree, the categorisation of a homicide can be influenced by the fear of crime in a community and by media responses. Following attendance by the HAT car, and the decision to refer the investigation to SCD, the on call Detective Superintendent will immediately deploy resources to the scene to begin an investigation. This will include deployment of forensic support and scene management.

24. The investigation will be allocated to a homicide investigation team covering the geographic location. Additional resources can be allocated to an enquiry through a bid by the Senior Investigating Officer (SIO) through the SCD tasking and co-ordinating process. This may include other specialist resources such as surveillance from the wider SC directorate. Thus, each enquiry will receive resources it needs rather than a set formula for each offence.

25. On average the homicide teams currently deal with approximately 6 new cases of homicide per year and in addition, will undertake approximately 45 other incidents as outlined above (serious assault, assistance to BOCU’s etc). The post charge phase (leading to the trial) of each homicide enquiry has further significant resource implications (complexities of disclosure and exhibits are properly dealt with) in ensuring the smooth running of the prosecution case.

The considerations to be taken into account in terms of the deployment of investigative assets

Availability of resources

26. As the previous paragraphs show, each of the homicide teams is committed to new enquiries at the rate of approximately 6 per year. Some of these enquiries may run for several months or in excess of a year and as such the deployment of resources has to take account of the ongoing workload of each team. This is managed through regular management meetings between the senior management team (SMT) and by using the review process explained later.

Difficulty of investigation

27. The national criteria set out above provides an exemplar of issues which may add to the complexity of an offence or the gravity factors which would suggest an increased allocation of resources. It is not possible to outline all of the factors that increase the resource demand but examples include mass DNA screening, very large numbers of witnesses, CCTV coverage and extensive crime scenes.

28. Any type of proactive deployment in an attempt to secure evidence or apprehend the suspect is likely to involve the use of additional specialist resources separate from the homicide teams. Examples of this include surveillance, telephone investigation and forensic scientists.

Timeliness

29. Each homicide investigation is unique and consideration has to be given to allocating resources to priority lines of enquiry, which may diminish with time such as crime scenes or house-to-house enquiries. The emphasis is to ensure that maximum opportunity is taken to detect an offence as quickly as possible. This concept is referred to nationally as ‘the golden hours’ principal and acknowledges empirical research, which shows the diminishing return on enquiries such as seeking witnesses and house-to-house enquiries on the basis of time.

30. This process is managed on a daily basis and whilst the initial ‘golden hours’ response may therefore require resources to be added to an allocated homicide team, these resources will only be deployed as long as required to achieve the task set. The actual enquiry will continue to be managed through the SIO and the core team on an ongoing basis.

Systems in place to quality assure the decision making process

31. Reviews are a key responsibility, which fall to Chief Officers to discharge and are part of the nationally agreed methodology for major investigations. Each of these reviews is designed to support an SIO in his or her enquiry and to ensure that major lines of enquiry are properly identified and resourced.

32. The review process is an ongoing and incremental approach, which is both supportive and intrusive to the enquiry. The MPS leads the country in this respect and utlilises the following review process for all undetected homicide offences.

• Detective Superintendent 24 hour review. An initial snapshot review to a template to check compliance with agreed standards, and ensure the correct identification of major lines of enquiry (based on the known facts) and to review resourcing.
• Detective Superintendent 7 day review. This is a further initial review at 7 days to take account of any new information since the first review and to make recommendations as above based on new information.
• Detective Superintendent 21 day review. If a homicide remains undetected at this time, a further review is undertaken to consider use of additional specialists, review major lines of enquiry and to consider resources allocated against actions. This review will also form the basis of the terms of reference to the MRG in its fuller review as below.
• Murder Review Group (MRG) 28-42 day full review. The MRG review is independent of SCD1 and provides more detailed scrutiny of the Holmes account, administration of the enquiry as well as examining the lines of enquiry. This review makes recommendations to ACPO regarding future direction and resourcing of an enquiry. Members should note that although this is delivered to a set timetable, it is often the case that the review group will be asked to commence their review earlier where it is anticipated that there will be large volumes of documentation or particular complexity.
• Gold groups. Some offences due to their impact on community reassurance or political nature will also be subject to an ongoing gold group with IAG support to consider organisational issues. Each investigation of a homicide is treated as a critical incident within the agreed national definition of such an incident. This ensures that proper consideration is given to the community issues surrounding such an event and keeps the ownership of the wider community issues at BOCU level with SCD supporting the critical incident through an effective investigation.
• DAC Review panel. This panel is chaired by the DAC SCD and examines service and enquiry specific recommendations arising from the MRG review. This ensures that any changes to procedures or practice can be captured in a structured fashion and included in revision of relevant manuals.
• Case Closure panel. This panel is chaired by the Commander Homicide and serious crime, assisted by the DCS and members of the IAG as appropriate. The panel will either agree to the closure of an enquiry based on application by the SIO that the lines of enquiry identified have been exhausted, or return the enquiry to complete further enquiries before closure. This does not prevent an enquiry being re-opened if new information comes to light and in any event, where appropriate, the enquiry will be reviewed every 3 years for consideration of forensic opportunity due to developments in technology and science such as DNA. In all instances of case closure, the views of the victim’s family will be taken into account.

The nature of the consideration which is given to inviting media coverage to assist in identifying investigative leads

33. The management of the media can be crucial to maximising opportunities to identify the offender, particularly where the following are involved:

• Locating people with material that could be useful to the investigation
• Identifying Witnesses
• Those who can give lifestyle information about the victim
• Those who can give information about the locality
• Those who can give information about a particular crime type
• Those who may have been subject to a similar offence not previously reported to the police.
• To publicise CCTV footage, rewards and E- fits where appropriate.

34. The decision to utilise media is initially one for each SIO to consider within their own investigative strategy. This may be overtaken by media interest in a particular case which is unduly influencing public perception or raising additional lines of enquiry where the SIO has little alternative but to respond to the demand created. It is therefore important that SIOs work with the media to ensure that information used is accurate and helpful to the enquiry.

35. A limiting factor to the use of the media is where a suspect is identified and charged early in an enquiry and care has to be taken by police and media not to prejudice any proceedings. In certain circumstances the media may receive a confidential briefing where the police do not wish certain aspects of an enquiry to be divulged for fear of compromising the investigation. Examples may include alerting a suspect to dispose of evidence or a particular modus operandi.

The relationship between dedicated Press Officers assigned to specialist Crime Directorate and the Department of Public Affairs (DPA)

36. All press officers who work on murder enquiries are part of the Department of Public Affairs (DPA). DPA have a Specialist Crime Directorate press desk, which would deal with strategic issues around homicide such as trends, statistics, etc.

37. DPA's Area Press Officers work on a day-to-day basis with the Homicide Investigation Teams and would deal with the media strategy and implementation on individual investigations. This approach ensures a local policing involvement to assist with community reassurance, community impact assessment and direct contact with local media.

38. As part of an ongoing commitment to increasing contact and awareness within new communities across London, SCD also provide an additional DPA officer mainstream media to help penetration into those communities at a local level, to co-ordinate specific work on behalf of the directorate with non-mainstream media to help penetration into those communities at a local level.

C. Race and equality impact

These aspects are referred to in the contents of this report.

D. Financial implications

The report is in response to a series of questions by the MPA concerning the strategic investigative management process of homicide investigations therefore there are no financial implications.

E. Background papers

None

F. Contact details

Report author: David Johnston, Commander Specialist Crime, MPS

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Terms of Reference for new Homicide and Serious Crimes Command (SCD1)

Homicide and Serious Crime Command, SCD1, will undertake responsibility for the following reactive investigations:

• all murder, manslaughter (where there is likely to be culpability for the loss of life) and infanticide offences;
• deaths within the workplace or mass disaster where culpability for the loss of life is likely to be an issue in a criminal court;
• attempted murder where the evidence of intent is unambiguous and where a risk assessment identifies substantive risk to life (see note below);
• where there is a substantive reason to suspect life has been taken or is under threat;
• linked series of two or more stranger rapes, which are beyond the capability of one Borough’s resources to manage (see note below); and
• other Critical Incidents which, due to their serious nature, complexity, or organisational risk, require Holmes 2 support.

Note: Cases of attempted murder and linked series rape will not be investigated by the SCD without authority of an SCD Detective Superintendent following a presentation by the Borough SIO.

Attempted murder

Borough Crime Managers are no longer expected to automatically refer attempted murders to a Homicide Command Superintendent.

Borough Crime Managers should continue to inform the Homicide and Serious Crime Command of any serious assault that has the potential to become a Critical Incident requiring Holmes 2 support, or where there is a prospect that the victim may not recover from his injuries. In such instances the Homicide and Serious Crime Command Detective Superintendent, in liaison with the BOCU Superintendent Operations, will decide whether SCD1 will undertake the investigation or that it remains a Borough based investigation.

Borough investigations

The Borough Crime Manager will be responsible for investigating the following, utilising Borough resources:

• non suspicious unexplained deaths - where the Borough on-call senior CID officer, following thorough assessment, does not believe there are grounds to suspect the death may be due to homicide, where culpability for the loss of life is likely to be an issue in a criminal court;
• work-related deaths, without corporate manslaughter liability; and
• discovery of bones or other human remains - in this instance, the on-call SCD SIO must be consulted before any attempt is made to disturb, remove, or recover.

In any case of doubt, the SCD SIO must be consulted by the Borough on-call senior CID officer at the earliest opportunity

Note: An unexplained death is any death (including incidents of apparent sudden unexpected death in infancy and fatal fires) where a doctor has not issued a death certificate.

As from 1 April 2005, the investigation of Sudden Unexpected Death in Infancy (SUDI) will be the sole responsibility of the SCD5 Child Abuse Investigation Command. The initial response will still be Borough officers, standard operating procedures are set out in Notices 11/05.

BOCU and SCD1 disagreements

If at any stage, Borough and SCD1 SIO are unable to reach agreement either in respect of;

• who will have primacy for the investigation;
• level of support offered to borough investigation; and
• Borough SIO wishing to deviate from SCD1 SIO’s documented advice; or
• any other issues.

Matters will be resolved between the SCD on-call Detective Superintendent and Borough on-call SMT member. If the Superintendents are unable to reach agreement, the decision of the SCD Detective Superintendent will be followed until such time that OCU Commanders are available to discuss matters at the first opportunity. Ultimately, however, Commander Homicide will be the final arbiter in consultation with the on-call TP ACPO.

Appendix 2

Homicide Tables for victim ethnicity, accused ethnicity and ethnicity detections rate

Table 1 - Victim ethnicity FY 1999/00 to 2005/06

Table 2 – Accused ethnicity 1999/00 to 2005/2006

Table 3 - Detection rate for homicide victims by ethnicity FY 1999/00 to 2004/5

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