Designated detention officers

Report: 10
Date: 5 March 2004
By: Commissioner

Summary

This report provides an update on current MPS work to deploy police staff in a custody role to support police officers, and in particular to introduce a new role of designated detention officer (DDO). It sets out funding arrangements, proposed deployment and links to existing medium term plans.

A. Recommendations

That the proposed implementation and deployment of designated detention officers be endorsed.

B. Supporting information

Introduction

1. This paper builds on the report on the Extended Police Family to the Authority on 25 September 2003. It outlines current work funded by the Home Office to deploy designated detention officers (DDO’s) in support of police custody officers. They will be members of police staff with powers to take drug samples from detained persons in certain circumstances. They will be authorised to exercise limited police powers to deal with detained persons in custody areas. Their recruitment will be funded through the Home Office Criminal Justice Interventions Programme. Furthermore, this work links to earlier recommendations made by Bringing Offenders to Justice (BOTJ) Best Value Review, which was approved by the MPA Planning Performance and Review Committee on 9 January 2003. A pilot course of 12 DDO’s commenced on 26 January 2004 and will be evaluated.

Funding and locations

2. In the first instance the MPS will recruit 120 DDO’s, funded by the Home Office. They will be based in 12 BOCU’s that have been identified as having the highest levels of acquisitive crime. Home Office research points to a link between such crime and drugs misuse, and the primary function of the staff will be to administer compulsory drugs testing on charge. The programme will expand in 2004/5 to include a further five BOCU’s within the MPS. The BOCU’s identified for 2003/4 are:

• Camden
• Ealing
• Hackney
• Haringey
• Islington
• Lambeth
• Newham
• Southwark
• Tower Hamlets
• Waltham Forest
• Wandsworth
• Westminster

3. The further five BOCU’s identified for 2004/05 are

• Brent
• Croydon
• Hammersmith & Fulham
• Kensington & Chelsea
• Lewisham

4. A pilot project at Hackney successfully identified the benefits to the criminal justice system of drugs testing on charge and the use of detention officers. Some preliminary work has been done to recruit further detention officers across the 12 Boroughs as identified by the Home Office.

Compulsory drugs testing

5. The Home Office drugs strategy directorate provides funds for drugs prevention work across the UK. The essence of compulsory drugs testing is that all detainees charged with trigger offences in selected Basic Command Units have to undergo a drugs test. The court can then use these findings to assist in bail and sentencing decisions. This is an essential activity to stem the harm caused by drug related crime. However we are concerned that this is not a sustainable abstraction of police officers from front line duties and would be better served by the use of appropriately trained police staff. The Home Office recognises this principle and is willing to fund the employment of DDO’s to carry out this task. Until such time as these staff are recruited, the Home Office are reimbursing BOCU’s for police time spent carrying out these tests.

Powers

6. Detention officers need to have appropriate powers and training to carry out drugs testing and custody support tasks. All will be authorised to carry out drugs tests under section 63B(6) Police and Criminal Evidence Act (PACE). They would also carry out administrative duties that would require no additional powers.

7. The MPS wishes to develop the role to introduce detention officers who are designated with powers under schedule 4 of the Police Reform Act 2002 (note – this is the legislation that gives powers to Police Community Support Officers). This will enable them to carry out the full range of custody duties, including searching, fingerprinting, photographing and DNA sampling without consent. Furthermore they will have responsibilities under PACE Code of Practice C for the treatment and welfare of detained persons.

Links to Best Value Review

8. On 9 January 2003 the MPA PPR committee approved the Bringing Offenders to Justice Best Value Review. Recommendation 1 was the introduction of detention officers to take away the administrative burden of police officers. The review highlighted the following benefits:

• Enable custody officers to take a management role in the custody suite without being distracted by unnecessary paperwork;
• Provide a better service to stakeholders (solicitors, forensic medical examiners, independent custody visitors);
• Enable prisoner processing teams to focus on gathering evidence and case file preparation;
• Assist in the administration of ‘investigative bail’ cases;
• Release sergeants and constables to perform their core functions

9. Implementation of the Best Value Review recommendations was planned to begin in 2004/05, and this work would support the early introduction of detention officers and represent cost savings to the MPA. However, these plans were not incorporated in the medium term financial plan and in particular there is no budget currently allocated to take over when Home Office funding ends in March 2006.

Terms and conditions

10. Building on the principle used with police community support officers (PCSO’s) that the terms and conditions should fit a 21st century police support role designated staff will be employed on Band E, the same pay band as PCSO’s (starting pay £17,272 plus allowances) it is recommended that designated staff have the same terms and conditions as PCSO’s viz.

• Salary consisting of basic pay plus shift allowance plus location allowance.
• No weekend premia payment.
• No privilege days.
• All overtime at time and a half.
• Medical standards appropriate to the role.

11. Staff will be employed on permanent contracts. However, as funding is limited to March 2006, these contracts contain a provision outlining the possibility of dismissal should no alternative funding be found after that time. This is the same approach initially taken with PCSO’s when funding was unclear, as for legal reasons fixed term appointments offer no greater flexibility. However, the MPS will investigate the case for long term funding through mainstream sources. Employment contracts will be based on the generic contracts used for police staff but will reflect the different terms and conditions of the role and their powers. In particular, they may be required to transfer to other suitable police staff duties following serious allegations of misconduct or for other good operational reasons. This expansion of the wider police family opens up lateral progression between PCSO and detention officer.

C. Equality and diversity implications

1. Recruitment, selection and training processes for DDO’s will be carried out to corporate MPS standards. This is in accordance with established practises that fully take into account equality and diversity issues.

2. The MPS experience with the introduction of PCSO’s was that a high proportion of recruits came from a visible minority ethnic background. Furthermore, many PCSO’s have used the role as a gateway to becoming a police officer. Knowledge gained from the PCSO Project will be used to build on this positive outcome.

3. The MPS needs to balance its duties under the Health and Safety at Work Act with those under the Disability Discrimination Act. The MPS will apply medical standards proportionate to the nature of the role. However, recruitment cases will be individually assessed and is likely to give access to police work for individuals who might not reach the exacting standards required for police officers.

D. Financial implications

1. Home Office funding has been secured until end of March 2006. This funding may be used for project start up costs in 2003/04 (e.g. Training needs analysis and design). This relieves the MPA of the potential future burden of implementing the best value review recommendations. Furthermore the recruitment of these posts will return police officers to front line duties and at the same time professionalise the gaoler function through having a dedicated officer working full time in the custody office.

2. For 2006/7 the cost of employing 120 DDO’s will be £3.8M, compared to £6.0M for 120 police constables (based on current costs). The Best Value Review recommendations approved by the PPR Committee in January 2003 do not yet feature in the medium term financial plan for 2006/07. If continuation funding cannot be found beyond March 2006, their posts may become redundant and the MPS will seek to redeploy the individuals involved into other roles, with a small possibility of redundancy if they cannot be so posted.

E. Background papers

None.

F. Contact details

Report author: Chris Davers, MPS.

For more information contact:

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

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