The role and work of the Directorate of Legal Services

Report: 6
Date: 3 December 2009
By: Director of Legal Services on behalf of the Commissioner

Summary

The Committee resolved that it should receive twice-yearly reports on the role and work of the MPS Directorate of Legal Services (DLS). The purpose of this interim report is to bring to the attention to the Committee significant issues surrounding DLS and matters of interest.

A. Recommendation

That the report be received.

B. Supporting information

1. The DLS interim report is intended to provide an update as to significant developments since the last end of year report.

Association of Police Lawyers (APL)

2. Edward Solomons, the Director has been elected Vice Chairman of the APL.

Increased areas of work

3. DLS will be undertaking additional work in respect of disclosure issues (especially arising in family court cases) following a review. This is considered to be a cost effective way to assist to release Police Officers from non-police work so that more resources can be allocated to the front line. It is hoped that the benefits of this initiative will begin in the early part of 2010.

4. DLS (in partnership with other Directorates) have identified areas where they can be more proactive in assisting in governance and procurement issues.

Lexcel

5. DLS are preparing for the re-assessment under the Law Society’s Practice Management Standard ‘Lexcel’ accreditation scheme, taking place in January 2010. DLS have updated working practices and procedures to meet the revised Lexcel scheme.

Work-related matters of interest

6. DLS are involved in a number of high profile cases including dealing with G20 claims, De Menezes, Human Trafficking and issues arising from the arrest of Damian Green MP.

7. DLS are working in partnership with the MPS’ Art and Antiques team on a case where an art dealer illegally exported valuable paintings. The MPS have seized the property and there is now a dispute between the art dealer and the Italian Government who both assert title to the paintings.

8. DLS are advising an MPS team who are undertaking a scooping exercise in connection to an incident involving alleged war crimes on document disclosure issues.

9. DLS represented the Commissioner in the first landmark Judgment handed down by the new Supreme Court, which concerned enhanced disclosure to employers of non-conviction/caution information, under the Police Act 1997. Lord Hope praised the MPS for the “commendable care” that was taken in making a difficult decision. Although the Supreme Court upheld the police decision in the circumstances of this case, the Law Lords gave guidance for the future that police should, in borderline cases, give job applicants advance notice of the intended disclosure so they can make representations. DLS are now assisting SCD in revising MPS policy.

10. DLS are obtaining a Notification Order against a terrorist convicted overseas believed to be coming to the UK. The Counter-Terrorism Act 2008 (Commencement No.4) Order 2009 only came into force on 1 October 2009. As far as DLS are aware the MPS are the first police force in the country to use this new legislation.

11. DLS are involved in advising the Commissioner on his national and international powers in respect of Counter Terrorism and protecting high profile individuals including Royalty protection.

12. DLS and Officers have been involved in a complicated case where police raided a bankrupt jeweller running a jeweller’s shop in New Bond Street. A large amount of valuable property was seized. Many individuals contacted the Police making claims on the property. The claims ranged from items that should be returned; left for repair; agreed on a sale or return basis and some items had been pawned, which in itself was an unlawful practice. The case was further complicated as the property could not be returned immediately as it needed to be kept as evidence.

13. On Public Order issues DLS has worked closely with Officers on:

• the recommendations from the HMIC report “Adapting to Protect” following G20;
• the Climate Camp week long protest in London. A number of new initiatives were tested for the event, including an enhanced level of liaison with a number of the protestors. This enabled some key legal issues to be discussed and understood ahead of the event starting; and
• advising Officers on the demonstration outside the BBC headquarters protesting about the appearance of the BNP leader Nick Griffins on Question Time.

C. Race and equality impact

1. DLS is aware of the importance of considering equality issues within decision-making processes to assess the impact any decision will have on the MPS and/or the general public or other external bodies/organisations.

2. DLS strives to reflect the commitment made by the MPS to Equality in all areas including its staffing profile. This commitment can be demonstrated as follows:

• 29.4% of staff come from a minority ethnic community
• 3.4% are disabled
• 15.1% work part time hours
• 58.8% of the Directorate are women

3. DLS SMT comprises 2 men and 3 women. One of the women is the most senior female member of police staff from an ethnic minority community in the MPS. In addition to the formalised part time working detailed above, all DLS staff have a flexible working pattern of either flexi-time, where additional hours can be accrued, or flexible working, which provides flexibility around the start and finish times within the normal working day.

4. Flexible working is used by DLS staff to meet such needs as child-care commitments, carer responsibilities and to maintain a work/life balance as well as being used for short periods on such occasions as school holidays.

D. Financial implications

No decision with financial implications is sought.

E. Background papers

None

F. Contact details

Report author: Edward Solomons, Director of Legal Services and Franca Oliffe, Practice Manager, MPS.

For information contact:

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

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