Criminal justice update

Report: 15
Date: 8 December 2005
By: Commissioner

Summary

This report provides an update on the work being carried out by the Department of Criminal Justice with the ultimate aim of bringing more offences to justice.

A. Recommendation

That the report be received.

B. Supporting information

Victim and Witness Care

1. To improve public confidence and satisfaction it is vital the Metropolitan Police Service (MPS) become a more citizen focused organisation and improve the way in which the public perceive the level of service provided to them once they have made initial contact with us. To achieve this the MPS must enhance the level of service and support currently being provided to victims and witnesses.

2. The Victims’ Code of Practice (Code), which sits alongside the Domestic Violence Crime and Victims Act 2004, will become statutory from April 2006. The Code lays down statutory requirements on criminal justice agencies and sets out the level of service victims can expect from each agency once an allegation of crime is made.

3. The national Quality of Service Commitment (QoSC), for the compliance of police forces in England and Wales puts in place a number of standards that members of the public can expect from the services they receive from police forces. The QoSC will be published to the public in November 2006 by which time forces should be compliant with the requirements.

4. Operation Emerald are proposing two separate models which Borough Operational Command Units can adopt to address the requirements of the Code, the QoSC and enhance the level of care provided to victims and witnesses, at the point of allegation of crime through to completion of the case. The two proposed models are

1. an enhanced Crime Management Unit (CMU) or
2. a Victim Focus Desk (VFD). .

Where a suspect is charged with an offence the responsibility for the enhanced level of service will transfer to the established MPS Witness Care Units.

5. Additional members of police staff will be provided to either CMUs or VFDs. It is anticipated that the additional staff will come from redeployment within Boroughs. In addition, we will supplement the resilience of CMUs or VFDs by providing them with police volunteers who will undertake administrative duties.

6. The two separate models will allow BOCU Commanders to have a degree of flexibility in the implementation style, according to local resources and availability of accommodation. The service provided by the models will be identical.

National Strategy for Police Information Systems (NSPIS) - Custody and case preparation

7. Version 4 of NSPIS Custody and Case Preparation computer programme was successfully introduced in Newham Borough in October, and Forensic Medical Examiner use of the Custody system is now being piloted. In support of the proposed single phase roll-out of NSPIS Custody and Case Preparation, an 'Area Landscape Review' is being undertaken at Newham Borough during November to identify the requirements of both the MPS and Crown Prosecution Service (CPS) for introduction of an electronic link between NSPIS Case Preparation and the CPS Compass computer.

8. All parties in mid-October signed a Memorandum of Understanding. This is a key milestone towards final signing of contracts at the end of December. An indicative funding profile has been agreed with PITO (Police Information Technology Organisation) that supports the MPA authorised position and progress towards commencement of rollout in the second half of 2006, subject to completion of data centres by the supplier.

9. Capital funding (£1.2M) has been allocated for the year 2006/2007 by the MPS Investment Board for necessary custody suite building and engineering infrastructure works that do not form part of the NSPIS Custody and Case Preparation activity, but which are necessary for health and safety compliance and the successful installation and use of the system. Work carried out under this area will take into account any expected closure of existing custody suites or activation of new sites as part of the MPS Borough Based Custody Centres initiative where this is likely to overlap with the NSPIS Custody and Case preparation roll-out schedule

Warrants

10. As of the 7 November 2005, the MPS has 10,540 outstanding fail to appear (FTA) and bench warrants. This represents a 22.9% reduction since the beginning of the financial year and the MPS has met the 20% reduction target five months ahead of schedule. In August it was estimated that the MPS owned 18,000 warrants, which is about 27% of the outstanding warrants in England and Wales. The latest figures show that this figure has been reduced by 16%.

11. The Operation Halifax V results conducted between 19 September – 7 November 2005 (part of a series of police operation to deal with outstanding warrants) are:

• MPS 20% reduction target for 2005/6 met five months ahead of schedule
• 6,091 FTA warrants executed
• 4,262 arrested
• 2,051 weeded
• Warrants reduced by 11% across the MPS
• FTA warrants over 12 months old reduced by 34%
• ‘A‘ grade circulations reduced by 57%

Performance

12. Ineffective/effective trials

• The Ineffective Trial rate for September 2005 was 26.3%, which is 1.3% over target.
• However, the average for the last three months is only 0.1% over the 25% target.
• The three-month average for Effective Trials has been 40% for the last two periods.

Offences brought to justice

13. The MPS is achieving the monthly Offences Brought to Justice (OBJT) target and is projected to achieve the target for the year. To sustain this Operation Emerald hold Police Performance Meetings with individual CJU Managers on a quarterly basis. At these meetings, targeted action plans are set with realistic timescales to drive improvements in performance.

14. The OBTJ target of 138,373 was achieved for year 2004/2005. Current performance indicates that the 2005/2006 target of 160,205 will also be attained. OBTJ performance data is calculated on a 12 month rolling average. The chart below provides a mathematical prediction of OBTJ performance for London through to 2008. It is predicted that on current levels of performance the OBTJ figure will plateau.

15. Penalty Notices for Disorder (PNDs) were introduced and their use encouraged, providing a steady increase in their numbers over a sustained period. These elements still continue to have a positive impact on the 12-month rolling average but numbers are expected to level-out leading to the predicted plateau.

Figure 1: Offences brought to justice - London

16. Taken Into Considerations (TICs) have seen a significant increase largely due to successful initiatives such as ‘Wipe The Slate Clean’

Wipe the Slate Clean.

17. The Emerald Detection Team has assumed responsibility for the ethical investigation of offences Taken into Consideration using the MPS driver of ‘Wipe the Slate Clean’. In September 2005, the Detections Team launched new publicity, training and an overt focused campaign upon TICs (not solely based on conversion of forensic identifications/documents, but persons in Police Detention for all 'Volume Crime'.) This will see a significant increase in Sanctioned Detections and bring a ‘Narrowing of the Justice Gap’ by increasing the number of OBTJs.

Table 1: Number of TICs

18. Convictions are monitored by the Prosecution Team Performance Management (PTPM) system which has been introduced to increase the effectiveness of performance management with the intention of increasing OBTJ figures derived from convictions. Specifically, its objectives are to implement a framework to manage performance which:

• will ensure that CPS and police managers are better placed to identify performance problems and agree actions to realise Public Service Agreement (PSA)/Narrowing the Justice Gap (NJG) targets.
• will enhance the prosecution team approach to performance management.
• will be suitable for the range of Area/Force complexities.
• will be outcome focussed rather than process directed.
• will provide a home for the management of on-going Criminal Justice System (CJS) change initiatives to migrate to ‘business as usual’.

The number of convictions will need to increase significantly if we are to meet the 2006/2007 target. Therefore, the MPS is supporting our partners in implementing the Prime Minister’s Delivery Unit report.

19. The success of the statutory charging scheme and converting charges into successful convictions is of paramount importance. Convictions provide the majority of the figures within the OBTJ make-up. With this in mind, the Prosecution Team Performance Management (PTPM) is tasked with increasing the volume of OBTJs resulting from the prosecution process. They will identify the areas within the system in need of attention and formulate a framework for improvement. Challenges remain regarding the cell capacity and the rate of prisoner throughput.

Police non-attendance at Magistrates Court

20. Police non-attendance at Magistrate’s Court is recorded on the CITM (Cracked and Ineffective Trial Monitoring) form and is then transferred to the CPS Compass computer. A study into ineffective trial rates one day in October 2004 indicated that 55 cases of ineffective trials in that survey were attributed to police non-attendance. This was broken down into the following; -

• Non-attendance (discipline) – 14 cases
• Warning issues -10 cases
• Failure to vacate - 9 cases
• Traffic OCU case failures - 6 cases
• Crown Court attendance- 3 cases
• Other failures (not identified) –13 cases.

21. The resounding message from Borough CJU managers was that the CITM form was not being filled in correctly to the detriment of the MPS, the only CJS agency not directly represented at court.

22. Boroughs were advised of the results of the survey and advised at that time to institute monitoring methods and obtain copies of each CITM form to check every case of non-attendance. The use of discipline procedures to reinforce the importance of court attendance was emphasised. Operation Emerald commenced work on a standardised court-warning policy.

23. Several Boroughs reported improvements when strongly worded warnings and discipline was used. The Traffic CJU OCU was visited and improvements in working practices were recommended. The importance of trial vacation was highlighted to all agencies, initially resulting in a steep rise in the number of vacated trials.

24. Reported instances of police non-attendance then fell consistently from that time until April 2005 when numbers bottomed-out and then started to rise slightly. See figure 2.

Figure 2: Ineffective trials - prosecution reasons

25. In August 2005, reported police non-attendance stood at 72 cases or approximately 13% of all ineffective cases. Whilst it can be seen that non-attendance levels have dropped considerably (by an average of 40% in the current year), some problems still remain. CJU managers were contacted (14 October 2005) to enquire into the current position on police non-attendance in their Borough. It is clear that all Boroughs look into the reasons behind police non-attendance, but recording and subsequent actions vary greatly. This continues to be monitored by the Operation Emerald police performance management process.

Penalty Notices for Disorder (PNDs)

26. In May 2004, Boroughs were encouraged by Operation Emerald to issue PNDs for Section 5 of the Public Order Act (POA), instead of alternative case disposals, for offences where the evidence was sufficient to do so. This was aimed at cases where no charge or caution was going to be made and Boroughs were instead Formally Warning persons for drunk and disorderly. However, Boroughs were informed that by choosing this disposal option they were able to claim an OBTJ and Sanctioned Detection (SD) in appropriate cases.

27. On 1 November 2004, with the addition of new offences primarily theft and criminal damage, the fine for the higher level was raised to £80 and drunk and disorderly was moved into this category. Guidance from Operation Emerald included:

• a reminder to officers of the need to issue appropriately and proportionately
• before issuing for Section 5 officers must secure details of members of the public who were present when the offence was committed, however, it is not necessary to record names and addresses or obtain statements but the officers must refer to them in their evidence.
• where no members of the public were present and the offending behaviour was directed against a police officer then it must be of a higher standard.
• the CRIS entry must be completed in full and the ‘dets’ page show the necessary details that meet the NCRS standards to claim a SD.

28. In August 2004, legal advice was sought on the issue of issuing PNDS for Section 5 POA as against drunk and disorderly, in respect of breaching human rights. The advice was that unless the behaviour was threatening, in the presence of a person likely to be caused ‘distress, alarm or harassment’ and that a warning to desist had gone unheeded then a PND for Section 5 POA must not be given. It is also made clear that officers must not issue PNDs for Section 5 POA in order to obtain OBTJ and SD figures when a more appropriate disposal should be used i.e. drunk and disorderly etc. We have also recently issued guidance that:

• officers must not issue PNDs for Section 5 POA away from a Police Station without seeking the authority of a supervisor
• any PNDs found to have breached these instructions will be automatically cancelled.

29. The Standard Operating Procedures are now in the consultation phase and will be ready for implementation soon. Statistics for PNDs show the following:

• the MPS issues approximately one in five of all PNDs issued in England and Wales.
• the MPS has issued 8219 in the first six months of 2005-2006. Of these 5883 were OBTJ. Of these 51% are for Section 5 POA 1986.
• 43% pay the fine for all notices issued
• 45% are recorded as Fine Registration Certificates at the increased rate of fine plus 50%.
• 5% have a court hearing requested. The figures for offences where an OBTJ has been recorded stands at 5883 for the first six months of 2005-2006.
• these figures would show an increase of 16% for the year if the issue rate continues at current level.

30. The MPS has clearly instructed all officers and staff that a notice should only be issued for Section 5 POA where the evidence justifies that course of action and that they must not be issued where the evidence substantiates an offence of drunk and disorderly or other offence.

Operation Emerald CCTV project

31. The present pilot evaluation period has been extended to the end of December 2005. This is to capture more cases at courts using the PLUTO (software to interpret digital Data equipment for evaluation purposes).

32. The proposed job title is Visual Images Identification and Detections Officer (VIIDO). The intention is for the VIIDO to take responsibility for all captured CCTV images (except pre-planned operations) and to have a system to disseminate these for identification purposes. When a suspect is identified, an evidential docket would be produced by the VIIDO and passed to the relevant department to administer. It is expected that this will improve the detection rate and by having systems in place (as fingerprints and DNA) will improve accountability around CCTV images.

33. The Court Audio Visual Solutions project business case has gone forward with suggestions and guidance from Operation Emerald regarding the facility to play all types of CCTV. Presently seven court staff at Highbury Magistrates Court are trained in the use of PLUTO, so that the best evidence can be played in court.

34. Being able to view CCTV evidence at the point of charge is extremely beneficial and is key in reducing the number of persons bailed. A laptop computer is provided for this purpose, and systems are in place to promote its use.

Detections - Supervision through training

35. The Detections team has an ongoing training schedule. One of the Detection Teams strategies is to improve the MPS detection rate through effective supervision through training. By the week ending 11 November, the Detections Team will have completed the training of approaching 3,000 uniform Territorial Policing (TP) sergeants. The appropriate level of training in this area has also been delivered to approximately 700 station reception officers and Telephone Investigation Bureau staff.

36. In December, colleagues from the Professional Development Units will be trained in delivering lessons/modules in Home Office Counting Rules and National Crime Recording Standards (NCRS) to probationary constables. In January 2006, the training will be delivered to all Computer Aided Despatch (CAD) staff, and are currently evaluating the possibility of extending the same to all TP inspectors. The Detection Team are actively co-authoring with trainers from the Crime Academy, to incorporate our package as part of the DC/DS CID foundation course.

37. The year to date (YTD) figures for all Detections (16 November 2005) is currently 23% but significantly the YTD figure for SANCTIONED Detections has increased to 16.9%. (That from an overall Detection figure in August 2003 of 11.8%)

Borough Bases Custody Centres (BBCC) - strategic context

38. The strategic plan would be to provide one BBCC of appropriate size per Borough in accordance with the recommendations laid out in the Service Improvement Review Custody Capacity (SIRCC). Opportunity costs for reduced staffing of such sites would also be realised by taking full advantage of economies of scale and incorporating the Beacon model.

39. Like for like replacement is not an efficient use of funds because there may be opportunities to develop more cost effective solutions that reflect current and future service needs. With the advent of Safer Neighbourhood Teams many of the key functions e.g. sector patrol bases have moved away from police stations into the community.

40. A roll out programme will be devised jointly with Property Services; with the SIRCC recommendations firmly in mind to ensure that custody capacity recommendations are addressed. Further work will clarify what functions co exists alongside custody in accordance with TP accommodation strategy, for example the roll out of NSPIS and electronic case preparation will remove the necessity for Criminal Justice Unit (CJU) to remain with Custody.

41. Consultation has already taken place with Property Services and the Custody Directorate outlining specific requirements for each new build Custody Centre.

42. The project will be an evolving process, which will be the subject of regular reviews with Custody Directorate, Property Services and TP Finance to ensure that the planned sites are fit for purpose, meet the needs and growth of the organisation, match the diverse needs of Londoners the requirements of the law, particularly human rights, Disability Discrimination Act, health and safety legislation and PACE, and the Service’s priorities and objectives.

Statutory charging

43. In June 2005, teams from the National Charging Programme Office (NCPO) carried out a Post Implementation Review (PIR) of London. PIR action plans had to be completed by all the boroughs (CJU Manager and CPS Unit Head) and then submitted to the CPS and Sector Business Managers.

44. The MPS received a positive report. NCPO identified many areas of good/best practice within the MPS. For example:

• a robust supervision process
• early attachment of officers to CPUs to expand their knowledge
• a very positive prosecution team approach
• Duty Prosecutors having dedicated days, which provides continuity in consultation
• youth cases always bailed to a day when a youth specialist duty prosecutor is available
• a proactive bail management protocol
• an effective joint supervision of MG3s by the CPS Charging Administer and CPU supervisor.

The NCPO made the following comment:

‘The review team was very impressed with the level of progress made since the implementation of statutory charging last November 2004 and benefits are being seen in terms of performance against key indicators. There has also been a concerted effort to implement actions identified in the action plan that followed the final assurance Check’.

45. On the 31 October 2005, the MPS/CPS Statutory Charging Project was officially closed. Inspector Stocker remains the MPS lead and Iain Maclaren is now the CPS lead. The NCPO is not signing off any of the Statutory Charging Areas in England and Wales until early 2006. This is because the expected performance benefits of Statutory Charging have not, as yet, been fully realised.

46. Operation Emerald is currently running a number of Statutory Charging ‘Briefings’ for custody managers, custody officers, detectives and training staff. The first two briefings were held on the 4 November 2005. These received very positive feedback from the attendees.

London Criminal Justice Board (LCJB)

47. At the Last Meeting on 17 November 2005 performance targets were discussed for 2006 as being:

• OBTJ – 179,483 (12% increase on this year)
• Ineffective trial rate – between 17-20%
• Reduction in warrants by 20%
• Persistent Young Offenders and Young Persistent and Priority Offenders (PPOs) as a combined target.

48. LCJB Chief Executives will be meeting the Prime Minister on 24 November to give an update to the Prime Ministers Delivery unit.

49. The LCJB will be engaging with the Crime and Disorder Reduction Partnerships (CDRPs) and the Local Borough Criminal Justice Groups to increase public confidence from 2006 onwards.

C. Race and equality impact

It is acknowledged that there is a variation in confidence in the criminal justice system across black and minority ethnic communities/people. In order to address this the LCJB has set up an Independent Advisory Group to look at the issues and how confidence can be improved. They are also considering employing a full time confidence manager.

D. Financial implications

The finance issues are highlighted in the NSPIS and update.

E. Background papers

None

F. Contact details

Report author: Detective Chief Superintendent Mark Benbow, Territorial Policing

For more information contact:

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

List of abbreviations

• BBCC – Borough Based Custody Centre
• CCTV – Closed Circuit Televsion
• CITM – Cracked and Ineffective Trial Monitoring Form
• CJS – Criminal Justice System
• CJU – Criminal Justice Unit
• CMU – Crime Management Unit
• CPS – Crown Prosecution Service
• MPS – Metropolitan Police Service
• NCPO – National Charging Programme Office
• NJG – Narrowing the Justice Gap
• NSPIS – National Strategy for Police Information Services
• OBTJ – Offences Bought to Justice
• PIR – Post Implementation Review
• PITO – Police Information Technology Organisation
• PNDs – Penalty Notices for Disorder
• PSA – Public Service Agreement
• PTPM – Prosecution Team Performance Management
• POA – Public Order Act
• QoSC – Quality of Service Commitment
• SD – Sanction Detection
• SIRCC – Service Improvement Review of Custody Capacity
• TP – Territorial Policing
• TIC – Taken Into Consideration
• VFD – Victim Focus Desk
• VIIDO – Visual Images Identification and Detections Officer

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