Criminal Justice update

Report: 4
Date: 17 May 2007
By: AC Territorial Policing on behalf of the 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 members note the contents of the report.

B. Supporting information

National Strategy for Police Information Services Custody and Case Preparation (NSPIS CuCP)

1. Bromley borough went live with NSPIS CuCP on 17 April 2007 bringing the total NSPIS “live” boroughs across the MPS to eleven. This equates to approximately one third of the overall MPS custody estate. The Case Preparation element of the NSPIS CuCP application has not been activated at Kingston at this time as Kingston Magistrates’ Court is a pilot site for the Libra court computer system and the electronic link required to connect NSPIS CuCP and Libra is not yet available (see also paragraph 3 below). The next borough to go live is Hillingdon on 24 April 2007 and thereafter boroughs will be taken live on a regular basis throughout the year except during main holiday periods.

2. Processes are well advanced with boroughs scheduled to go live up until October 2007 in order to prepare them for roll out. Engagement is planned with all remaining boroughs commencing 8 months prior to each go live date in order to ensure that all necessary infrastructure is in place, training delivered and business change processes agreed.

3. In order to provide an electronic link between NSPIS Case Preparation and magistrates courts (other than those served by the Thames Gateway server) there is a reliance on the introduction of the new Libra magistrates court system across London together with the roll out of an interface between NSPIS Case Preparation and Libra. In order to facilitate the introduction of the necessary interface at the earliest opportunity, the MPS has volunteered to be the police service to test this interface as soon as it is available. This testing is planned to commence in mid-May 2007 and will be followed by a live pilot in Kingston borough.

4. The roll out of Libra is significantly delayed and current indications are that 10 court areas will be live by December 2007. Recent indications from CJIT are that the roll out to the remaining London Magistrate’s Courts will conclude in October 2008. The impact in respect of the MPS NSPIS CuCP roll out is that whilst NSPIS Custody is still on track to be deployed across London by 31 March 2008, the indicative date for completion of the Libra roll out is likely to extend the MPS NSPIS Case Preparation roll out to the end of 2008. The MPS NSPIS project team is currently working on a revised deployment schedule and resource requirement based on this latest information.

Libra system

5. Libra is now live across five MPS boroughs (Kingston, Richmond, Barnet, Hillingdon and Harrow) with the next site going live being Wimbledon in June.

6. LIBRA has been severely hampered since January 2007 by a connectivity issue; this meant that users were continually thrown out of the system. In some instances, this made LIBRA unusable. A joint team comprising of DCA and MPS IT specialist was formulated to resolve the problem. An update to the MPS firewall at the beginning of April 2007 overcame the issue. LIBRA is now working correctly.

7. PNCB now have access to LIBRA and they will pilot ‘resulting’ direct from the information on LIBRA commencing on the 30 April 2007. This will lead to improvements in the time it takes to get results shown on PNC. They will initially use Kingston Magistrates court information for the pilot. It is hoped that if this is successful they will fall into the national role out plan as issued by the DCA. This will mean they will go live resulting boroughs direct, as the borough themselves goes live.

8. The DCA have now published a draft roll out schedule for 2007 and 2008. This shows that ten boroughs will be live by the end of 2007 and all London boroughs will be live by the end of October 2008.

9. It is proposed to test the NSPIS case preparation to LIBRA link at Kingston in June 2007.

Performance

OBTJ Target Setting 2007/08

10. The London CJB have agreed the Criminal Justice targets for London for 2007/08. The OBTJ target has been raised to 200,000. The MPS part of this will be 197,200, the City of London Police taking the remaining 2,800.

11. The MPS has agreed a Sanction Detection rate of 24%. The bespoke Borough OBTJ and warrant reduction targets have been calculated and will be presented to the LCJB for their endorsement.

Sanction detections

12. The overall Sanction Detection rate for the performance year 2006/7 was 21.1% against the target of 20%. The MPS has consistently met this target since June, with 23.7% being achieved in March 2007.

Offences Brought to Justice (OBTJ)

13. The OBTJ target for London, which includes the British Transport Police and City of London Police, for the rolling 12-month measurement period during 2006/7, is 185,000. The MPS contribution to this target is 181,212. The number obtained for the rolling year was 205,116 for London and 196,454 for MPS.

14. The Metropolitan Police has consistently improved performance across all disposal types for both Sanction Detections and Offences Brought to Justice. The Chair requested a breakdown of all relevant disposal types, which are detailed below for the past three years. (CFW are Cannabis Formal Warnings)

Table 1 2004/05 Sanction Detections

TNO = 1,015,121 Sanction Detections = 149,121 SD Rate = 14.6%

Table 2 2004/5 OBTJ

OBTJ = 148,072

Table 3 2005/06 Sanction Detections

TNO = 984,125 Sanction Detections = 177,346 SD Rate = 18.0%

Table 4 2005/06 OBTJ

OBTJ = 175,230

Table 5 2006/07 Sanction Detections

TNO = 921,779 Sanction Detections = 194,656 SD Rate = 21.1%

Table 6 2006/07 OBTJ

OBTJ = 196,454

• Charges / Convictions
  SD Charges refers to the number of TNO offences reported, where the detection was a charge. OBTJ Convictions refers to the number of TNO offences put before the courts for which an individual was convicted. Factors resulting in the difference include, more than one person may be put before a court in connection with the same matter, additional offences added at court, offences are discontinued / no evidence offered / found not guilty, warrants etc.
• Cautions
  SD Cautions refers to the number of TNO offences reported, where the detection was a caution. OBTJ Cautions refers to the number of people to whom a caution was issued for a TNO offence.
• Cannabis Formal Warnings (CFW)
  Cannabis was reclassified from a Class B drug to a Class C w.e.f. 29 Jan 2004.
  The difference between the two data sets for 2005/6 & 2006/7 is down to an administrative counting rule.
• Penalty Notices for Disorder (PND)
  SD PNDs refers to the number of Sec 5 POA, Theft (Retail) & Criminal Damage offences reported, where the detection was a caution. OBTJ PND data is extracted from the number of PNDs received at Marlow House which were not spoilt, and relate to the offences of Sec 5 POA, Theft (Retail) & Criminal Damage.

Persistent Young Offenders (PYO)

15. The MPS continues to work with all criminal justice agencies to meet the overall 71 days Arrest to Sentence target. As part of this, the MPS has an individual target to deal with PYOs from Arrest to Charge within 5 days. The complexity of how a PYO is measured does mean that early identification of current and potential PYOs is critical to successful action.

16. The MPS has implemented a corporate tracking system and are able to produce data showing monthly arrest to charge averages. There is still some development work to be done but at present the data shows the following average days based on the numbers charged. (Please note that the system started during December, April’s data is not yet complete with all arrests and there are still bail to returns outstanding).

Table 7 PYOs arrest to charge throughput

17. The MPS Arrest to Sentence rolling 3-month average performance from November 2006 to January 2007 was 77.7 days.

Current trial management performance

18. The current trial performance data is shown in Table 8:

Table 8 Trial performance data

Emerald Warrants Management System (EWMS)

19. On 1 April, the MPS held 6875 fail to appear and bench warrants. This represents a reduction of 26% and exceeds the 06/07 target of 8500 by 19%. (Based on the MPS Emerald Warrants Management System (EWMS)). This data will need to be ratified by the Office for Criminal Justice Reform and London Criminal Justice Board Performance Team)

Table 9: indicates the latest official data available through the London Criminal Justice Board (LCJB) Performance Team. (see supporting material)

Asset recovery

20. The charts supplied for ‘asset recovery’ are the performance indicators for the London Criminal Justice Board and whilst they measure joint targets, agencies other than the MPS take the lead. The LCJB only deals with the confiscation element of asset recovery, a completely separate regime that deals with cash only, is investigated, litigated and enforced by the MPS. In terms of numbers of cases and value of assets, confiscation and forfeiture make up two thirds and one third respectively of the asset recovery regime. In terms of income stream for the MPS the two schemes are of equal value, with the forfeiture regime likely to overtake the confiscation regime in future. The difference is caused by Home Office rules governing the ‘Incentivisation Scheme’.

21. The MPS initiates all financial investigation cases and therefore has complete control over the number and size of cases that make up the whole asset recovery ‘pipeline’. Since early 2006, a Payback Programme Board under AC House has sought to increase the number of asset recovery cases so that no offender going through the CJ process will retain any of the financial benefit from their crimes. This is an initiative aimed at crime reduction and increasing confidence in the CJ system; it is also generating an income stream.

22. The charts only relate to the part of the pipeline that is passed to the CPS & HMCS for litigation and enforcement. Where there appears to be financial gain from criminal activity upon conviction the CPS are responsible for seeking a confiscation order.

23. Her Majesties Court Services through the central accounting unit are responsible for enforcing the confiscation orders.

24. Until recently, this has been the responsibility of Court Enforcement officer (CEO). A number of confiscation orders have progressed through the system and warrants have been issued against defendants. Due to the nature and risk posed by some of the offenders the MPS have set up a small enforcement unit aimed at disrupting criminal activity, enforcing confiscation orders and trying to recover unpaid orders through the court. A Detective Sergeant was appointed to lead the team in January 2007 but the full team was not assembled until March 2007. To date they have made 12 arrests on defendants who owe a total of £116, 732.80.

Table 10: Volume of confiscation orders (see supporting material)

25. Table 10 indicates that the volume of confiscation orders remains off target but is broadly in line with the National average, whilst the value of £15.6m currently exceeds trajectory, Table 11, and is on target for achieving £17m target by the end of the financial year. These figures are mainly CPS measurement, which the MPS can influence.

Table 11: Value of confiscation orders (see supporting material)

26. Tables 12 and 13 are HMCS targets and are aimed at reducing the percentage of the outstanding collectable balance and reducing the number of collectable outstanding orders over 12 months old.

27. The Chair of the PPRC required an explanation of Table 5 within the Criminal Justice update report submitted for the 15 March meeting. The explanation, detailed above, was prepared by the National Board which stated that it considered that Tables 4 and 5 of the March report (Tables 12 and 13 of this report) are unhelpful in aiding performance and will not appear in 2007 / 8.

Table 12: Percentage of Outstanding Collectable Balance (see supporting material)

Table 13: Reduction of number of collectable outstanding orders (see supporting material)

Table 14: MPS incentivisation scheme 2006/7 (see supporting material)

28. The MPS receives quarterly income from the Home Office as shown. The steep increase arises from efforts by SCD6 during 2004/2006. The work of the Payback Programme Board is only now starting to have an impact. The forfeiture ‘pipeline’ is larger than the confiscation ‘pipeline’, hence the prediction that forfeiture will exceed confiscation income in future.

The National Enforcement Service (NES)

29. This is a national project sponsored by the Department for Constitutional Affairs DCA. Part of the project is to produce a national electronic warrants handling system. Warrants will be automatically be created by the courts LIBRA system and passed to the warrant handling system to ensure that warrants go to the right area and agency for enforcement. The project team are examining alternatives to circulating warrants on the warrant management system prior to the full roll out of LIBRA. The NES team are provisionally looking at rolling out the IT to London Courts in September 08.

Victim & Witness Care

30. The second round of the internal recruitment campaign for the VPCSO role continues with a positive response; 71 application packs were sent out.

31. Following eligibility checks, 35 applications were received. After paper sift and interview process 27 were selected, with five more being put over the third round due to annual leave and personal circumstances.

32. The recruitment campaign is currently in round 3 and we aim to build on the positive response received so far.

33. A training course has been held and we are aligning the successful applicants with additional course dates.

34. At time of writing, we have established seven Victim Focus Units with further planned for May 2007.

35. Emerald engagement with OCUs continues to ensure smooth rollout and deployment.

Integrated Prosecution Teams (IPTs)

36. The first two Integrated Prosecution Team pilots went live at Hackney and Tower Hamlets on the 23 April 2007.

37. CPS and MPS staff are currently joining up existing case files to form a single file at the two sites.

38. New case files entering the system will operate under the single file system and CPS will be responsible for managing the file post charge.

39. Staff selected for the case builders role have each received a five-day training course.

40. Minimum standards of file build have been introduced and case builders have been realigned to work within Case Progression Units.

41. The MPS Post Prosecution Team has been established.

42. Emerald staff will be working on the BOCUs for the next four weeks to provide assistance and support.

43. Waltham Forest Integrated Prosecution Team is due to go live on the 21 May 2007.

44. Each pilot will be fully evaluated. This evaluation will commence six weeks after implementation.

LCJB update

Virtual Courts

45. The preparations for the establishment of the prototype of Virtual Courts are now well under way with the pilot custody sites being Brixton and Kennington on Lambeth Borough, and Peckham and Walworth on Southwark Borough. All the equipment fitting and lines will be complete by 30 April 2007.

46. The concept of Virtual Courts is evaluating two areas:

• the use of video conferencing between the police station and the magistrates court for 1st case management hearings; and
• the electronic transfer of evidence and case files.
  The process of how the concept will work has now been agreed and finalised by all agencies involved.

47. Virtual Courts Officers, who will facilitate the operation at each of the police stations, are being recruited. Currently two are retired police officers who have been supplied by an agency, six will be SERCO staff and two police constables will be in reserve. The police constables will play a supportive role within the administrative side and not act within the judicial process whilst CPS are dedicating prosecutors for prosecuting under the process at the charging sites.

48. Training, which commences on the 8 May 2007, and briefing programmes are being drawn up and will be delivered at different levels of quantity and intensity to:

• Virtual Courts Officers,
• Prosecutors,
• Case Progression Units,
• Custody Sergeants and Custody Managers.

The recruitment of SERCO staff is yet to be costed and finalised.

49. An evaluation program is being established and will be in place before the commencement date of the prototype, which is the 29 May. The reasons for this delay are:

• Establishment of an effective evaluation programme;
• Recruitment and training of VCOs; and
• Recruitment and training of prosecutors.

Simple Speedy Summary Justice (SSSCJ)

50. Simple Speedy Summary Justice (SSSJ) has been piloted at four MPS BOCUs Hackney and Tower Hamlets feeding into Thames Court and Southwark and Lambeth feeding into Camberwell Green Court.

51. A full roll out schedule to take place between May and December 2007 is currently being devised.

52. This roll out schedule will take into account the other key initiatives for London i.e. Integrated Prosecution Teams.

53. The SSSJ initiative will ensure consistency of service throughout London and result in fewer court hearings.

Identifying nationality in the criminal justice system - a pilot in three London boroughs

54. Most foreign nationals in the UK are here legally and contribute positively to the UK economy and society. Managing legal migration for the benefit of the UK is a key objective of the Government’s immigration policy. So too is compliance with our immigration laws. It is important that the rules are clear and enforced and that we deal robustly with those who commit serious offences. In March 2007, the Home Office published ‘Enforcing the rules – a strategy to ensure and enforce compliance with our immigration laws’. This set out a comprehensive approach to the enforcement work of the Border and Immigration Agency, formerly the Immigration and Nationality Directorate, including new inter-agency partnerships and information sharing.

55. As part of this closer joint working with the Police and other agencies, the strategy referred to the piloting of new arrangements for identifying foreign nationals when they enter the criminal justice system. This will help us to identify more accurately and earlier in the process those eligible for deportation from the UK and to give appropriate consideration to this. The pilot forms part of the follow-up to the eight-point plan announced by the Home Secretary in May 2006 to improve arrangements for the consideration of the deportation of foreign national prisoners.

56. From 24 April 2007, the pilot will be operating in three London boroughs – Hillingdon, Waltham Forest and Westminster. It involves new processes for establishing and recording nationality within the criminal justice system. The pilot, which is expected to run until the end of 2007, involves the Border and Immigration Agency working together with the Metropolitan Police, the Crown Prosecution Service, HM Courts Service and the National Offender Management Service.

57. The Border and Immigration Agency and the Police have long worked together to identify foreign national offenders. The pilot involves them doing so more systematically and involving the other criminal justice agencies in the process.

58. Under the pilot all those arrested by the Police and taken to one of the participating police stations which are Chingford, Walthamstow, Marylebone, Uxbridge and West Drayton, will be asked three additional questions as part of the normal reception process - their nationality, what passport they hold and whether they can obtain that if necessary. Depending on their answers and the information about them already available to the Police, the case may be referred to the Border and Immigration Agency for further checks to be made about the person’s nationality.

59. Any information gained about the person’s nationality will be recorded on the Police National Computer, in line with current procedures. No person will spend any additional time in police custody whilst checks are being made about their nationality.

60. In line with current procedures, if a foreign national aged 17 or over is charged with an offence punishable by imprisonment, they will be served with a notice known as an IM3. This warns them that, if they are convicted of that offence, the Court, in addition to any sentence which it may impose, may recommend that, if they do not meet any of the grounds for exemption, they should be deported from the UK under the Immigration Act 1971. More systematic service of this notice does not affect the view the Court may take of whether the seriousness of the offence and other relevant factors warrant a recommendation for deportation.

61. If the person is charged with a criminal offence, depending on the information already established about their nationality, further checks with the Border and Immigration Agency may be made by other criminal justice agencies to seek to determine nationality.

62. The strategic Immigration Group for the MPS chaired by Commander Jarman has overseen the completion of an equalities impact assessment, which has been approved. This was also presented to Peter Herbert (MPA) Doug Lewins (MPA) & Ben Owusu (chair of the MPS IAG) at the last strategic immigration group meeting on 9 March 2007.

C. Race and equality impact

An equalities impact assessment has been completed in respect of the nationality pilot on three London boroughs.

D. Financial implications

There are implications in regard to NSPIS, Asset Recovery, NES, VFDs, IPTs and Virtual Courts. Each of these initiatives is to secure greater effectiveness and efficiency. Each has benefits to be realized, making them cost neutral or indeed capable of generating savings. Where this is not the case they are self-financing or funded otherwise than by the MPA.

E. Background papers

None

F. Contact details

Report author: Detective Superintendent David Way, Territorial Policing, MPS.

For more information contact:

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

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