Drug testing on charge for the MPS

Report: 15
Date: 12 May 2005
By: Commissioner

Summary

The Drugs Intervention Programme (DIP) is a three-year initiative introduced by the Home Office as part of the national drug strategy for reducing drug related crime. It targets drug-misusing offenders and divert them towards treatment at every stage of the criminal justice system.

DIP started in April 2003 as the Criminal Justice Interventions Programme (CJIP). It was introduced in 60 high crime Borough Command Units (BCUs) across the country; 12 were in the Metropolitan Police Service (MPS). Five MPS BCUs were added in 2004 and a further four in 2005. We now have DIP running in 21 of 32 BCUs. The Home Secretary renamed the programme to DIP in September 2004.

A. Recommendations

That members note that the measures put in place by the MPS have significantly improved MPS performance in relation to the Home Office target for drug testing on charge.

B. Supporting information

The concept of DIP

1. Detention at a police station is the start of the criminal justice process. Offenders who are charged with offences with strong links to drug use are drug tested upon charge. These offences are known as ‘trigger offences’ and are largely acquisitive crimes where the offender will acquire property or goods to sell or exchange for drugs. Trigger offences are:

• Theft
• Robbery
• Burglary
• Deception
• Handling Stolen Goods
• Attempting the above
• Taking Driving Away (TDA)
• Going Equipped
• Begging
• Possession of a specified Class A drug
• Possession with intent to supply a specified Class A drug

Production of a specified Class A drug

2. ‘Specified Drugs’ are created by Statutory Instrument and are currently cocaine (including crack) and opiates.

3. At the police station there are two main opportunities towards treatment:

• Contact from drug workers
• Drug testing on charge

4. All detainees are offered the chance to see a drugs worker upon arrival. Those that go on to test positive on charge are again asked. The drugs workers have a DIP target to contact 80% of those testing positive. Positive test results are flagged at court and another treatment opportunity exists at court by including a treatment element in the final sentence.

5. Encouraging offenders towards treatment continues after court. If the sentence is community-based probation oversee the conditions. If the offender goes to prison the prison drugs (CARAT) team follow up. Work continues until release when the offender is encouraged to engage in community based treatment.

Drug testing on charge - what is it?

6. An adult (18 or over) detained at a police station can be drug tested upon charge in two ways:

• By being charged with a trigger offence
• Where an offender is charged with any offence and an Inspector considers that specified drugs have caused or contributed to the offence.

7. Once the test has been authorised a trained tester conducts the test and completes the necessary paperwork. In London we have 212 Designated Detention Officers (DDOs), paid for by the Home Office, who perform most of the tests.

8. The test is a sample of saliva that is analysed in the custody area with the result being available there and then. Disputed tests (3% nationally in March) are sent to the Forensic Science Service for formal analysis. If a detainee refuses to take the test they commit a separate offence.

Targets

9. Nationally there is a Police target for drug testing on charge set by the Home Office. 95% of those charged with trigger offences will be drug tested. This was a very challenging target when it was introduced especially when introducing new systems to custody office working.

Raising MPS Performance

Figure 1:

View a larger version of figure 1

10. Reliable data for MPS compliance is available from October 2003. With MPS compliance hovering around 60% towards the end of 2003, an Association of Chief Police Officers (ACPO) lead was established for DIP in the MPS. At the same time the Home Office agreed to fund two posts for DIP; one for MPS DIP management and one for drug testing. Commander Hitchcock became our ACPO lead. In March 2004 Chief Inspector Steve Osborn took over DIP management and in April, Sophie Shakil-Khan became the drug testing lead.

11. A number of changes were made to address MPS performance:

• A monthly MPS meeting of BCU DIP leads was introduced. This focused on BCU performance and identifying and sharing good practice. This meeting also linked into London wide and national meetings with partner agencies.
• Monthly meetings with the Home Office were established to review MPS performance.
• Trigger charges were identified on the MPS custody computer. Trigger offences translate into over 150 separate charges. Reminders to drug test were attached to charge headings for custody officers.
• Every BCU received a performance based visit and poorly performing BCUs were subject to intensive measures for reviewing systems and providing support.
• A system for measuring BCU compliance with the 95% target was introduced. MPS Performance Information Bureau (PIB) started to produce data on trigger offence charges by BCU. These were compared to tests undertaken to discover misses. In turn this data was shared with BCU Commanders and ACPO cluster Commanders. ACPO Commanders were invited to link drug testing to BCUs performance.
• Standard Operating Procedures and guidance were established for the MPS.
• An Senior Management Team lead was identified at each BCU to drive performance and attend the MPS DIP meetings. They also linked into local DIP partnerships.
• Training started with the custody officers’ course. Every custody officer has a personal presentation on DIP and drug testing. Likewise DDO training. Central training presentations were created for local use to inform key personnel.
• Posters and publicity were created for custody offices and police buildings. Posters even reached the set of ‘The Bill’!
• Detailed data was commissioned centrally to identify who was responsible for missed drug tests on a charge-by-charge basis. This was provided to BCU leads for action.
• An MPS intranet site, open to all staff, was introduced to host DIP data, linked documents and compliance figures.

Figure 2:

View a larger version of figure 2

12. The result is that MPS performance around drug testing has steadily improved. This is even more impressive in the context that the volume of drug tests has doubled from the end of 2003. In October 2003 the MPS was ranked 27th out of 31 police areas for drug testing compliance. Now it is joint top.

C. Race and equality impact

Figure 3:

View a larger version of figure 3

1. The chart above shows all drug tests broken down by ethnicity for all participating BCUs in London. As a guide to the proportionality of the figures the population breakdown from the 2003 census is also shown. 18, 112 tests were considered for this sample. The context of this data is that approximately 95% of these tests relate to drug test after charge. This means this process is statutory and there is no discrimination at the point of test. To reason why more, for example, people from a Caribbean background, are tested the criminal justice process would have to be backtracked to at the point of allegation or arrest.

2. There are some results that can be drawn from the chart below which is positive tests by ethnicity. For example you are most likely to test positive for cocaine or opiates if you are from a Bangladeshi background and least likely from a Chinese. Before work is undertaken to work with these communities the MPA may want to explore these differences in the context of volume of drug tests. For example, Tower Hamlets has a high proportion of residents from a Bangladeshi background. Therefore a lot of tests may be undertaken with this section of the community. If there is a drugs availability issue in that BCU all tests may be high but since most may be with Bangladeshi subjects it could skew the data. Likewise culturally opiates or cocaine may be a drug of choice for some ethnic communities.

Figure 4:

View a larger version of figure 4

D. Financial implications

1. The Home Office funds DIP, DDOs and drug testing on charge. Drug testing on arrest is provided for by the Drugs Bill, which became law in April 2005. Initial scoping indicates drug tests will rise by 289% for the MPS. Where there is capacity to absorb some of this work with existing resources there will be a capacity issue. The Home Office have already indicated there will be no funding for the extra tests. This is an equitable situation, as DDOs, at present, are not exclusively employed to drug test. Although this is a core function, they spend most of there time on general gaoler duties. In most BCUs this makes available a police constable from the custody suite for general deployment. Drug testing on arrest would redress this situation as more DDO time will be spent drug testing.

2. The big issue for the MPS is what will happen when the DIP programme ends, (the Home Office have 'committed in principle' to fund this project until March 2007). There has been no indication from the Home Office if DIP will continue past this date, although it is likely. Should DIP style activity continue at the present level through 2006 it would cost the MPS around £6.2 million per year.

3. The financial impact of the Home Office withdrawing it’s funding in the future is already built in to the latest Medium Term Financial Plan.

E. Background papers

None

F. Contact details

Report authors: Chief Inspector Steve Osborn, Specialist Crime Directorate

For more information contact:

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

Send an e-mail linking to this page

Feedback