Criminal justice update

Report: 4
Date: 14 February 2008
By: Assistant Commissioner 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

Performance to date

Sanction Detections and Offences Brought to Justice (OBTJ)

1. The Sanction Detection (SD) rate for the performance year to date (April to December 2007) is 24.4% against the target of 24%. A separate report details the different types of SDs and variations across Boroughs. The MPS is on course to exceed the number of OBTJ this financial year with current numbers for the year to date (Nov) of 146,083 against a target of 131,467.

Persistent Young Offenders (PYOs)

2. Targets are also being met in relation to PYOs. The latest arrest to sentence data gives a three month average of 64.3 days against the Pledge of 71 days (Aug to Oct 07). For the period April 07 to Oct 07, the Pledge was achieved in six out of the seven months.

Effective Outcomes within an agreed timescale

3. The LCJB have given local targets for Ineffective Trial Rates. The MPS target is 19% in Magistrates Courts and 14% in Crown Courts. This target is being met in the Magistrate Court with November figure at 18.7% and ‘Effective Outcome to Trials’ at 66.6%. (Data regarding Crown Courts are not yet available).

Youth Justice

4. To improve the response of London Criminal Justice agencies to youth crime, a working party was established by the LCJB. The working party is chaired by Andrew Morley (Chair of the LCJB), Commander for Volume Crime and Criminal Justice represents the MPS. It established four work streams, as reported to the meeting of the 13 December 2007, and progress on each is as follows:

Performance

5. Research is being commissioned to identify what success looks like in relation to the CJS response to youth crime including what it means to young people. This will result in a youth CJS performance dashboard (at present the only youth measure is the PYO pledge) for London.

Risk Assessment

6. The ACPO Youth Toolkit project commenced on the 7 December 2007. This involves validating the ACPO Neighbourhood Policing Youth Toolkit (currently being piloted in Waltham Forest and in Essex) and looking at assisting the police and wider partners in identifying and responding to those children and young people who are likely to be at risk of victimisation and / or offending. This will lead to speedier and more effective referral for appropriate interventions to reduce risk.

7. The second project concerns Triage on arrest. This aims to maximising the Youth Offending Team (YOT), MPS and CPS expertise at the point of arrest, to assist the police and CPS in making earlier decisions on low level offences, leading to more appropriate diversion away from the CJS.

Court process – safety – speed – impact

8. Work is expected to start in early 2008 on the five components of this workstream:

1. Balham Youth Court: The evaluation, due to be completed this month, will identify and apply lessons and, in the longer term, identify how the virtual courts can be used to speed up youth cases.
2. Safe Courts: This will look at the physical environment of the court, separate access for victims, waiting areas and the services provided to victims and witnesses. There will be dedicated PCSOs at six Youth Courts, beginning with Camberwell.
3. Special Measures: This stream will examine the role of CJS staff and judiciary/magistracy and raise awareness to ensure that special measures are offered in all appropriate cases and that this is effectively monitored.
4. Extending Court Hours: Building on the positive response to extend hours at Camberwell with virtual court, this stream will explore extended hours and Saturday courts so that schooling is not missed due to court appearances.
5. Court experience: This will look at the encounter at court, and include discussions to explore the use of Crown Court Judges for youth work.

Positive Engagement

9. The four components of this workstream aim to provide a platform to recognise the participation of young people in the CJS and increase their confidence in the CJS.

1. London Inside Justice Week will include a poster and song competition, CJS staff presenting to young people in schools on CJS and employment/volunteering opportunities, and an open day at Islington Court.
2. Safer Schools Partnerships will build on the existing safer schools work and link in with London Youth Crime Prevention Board work and restorative justice approaches.
3. GLA Peer Outreach and links to London Youth Crime Prevention Board consultation processes.
4. Youth Juries (community justice) to resolve low level offending and bullying.

10. The Boroughs of Greenwich and Lewisham, feeding into Camberwell Youth Court, have been identified to test all the new approaches detailed above. This will also provide a link to the Five Borough Alliance Project tackling serious youth violence.

Warrants

11. In December 2007, the MPS carried out a review of withdrawn warrants (in response to an incident reported in Leeds) which showed that generally the MPS are adhering to the Office for Criminal Justice Reform (OCJR) document GDC19 on the withdrawal of warrants. However, some recommendations were made and implemented to ensure a more robust process.

12. During the past 12 months there has been a 38.5% increase in the number of A grade warrants issued but the residual number held by police has only increased by 10.4%. This significant increase in warrants issued has added to the challenge for the MPS in meeting the 70% arrest within 14 days for A graded warrants.

13. In August 2007, boroughs were reminded of their responsibilities for meeting this target and a review of the tasking process took place. The performance for A grade warrant has improved from 56% in July 2007 to 65% in November 2007 despite the significant increase in warrants issued.

Licence recalls

14. Licence recalls are where an offender who is out on licence is recalled to prison. Various agencies have different responsibilities with regards to the process. The National Identification Service (NIS), based at New Scotland Yard, is responsible on behalf of England and Wales for receiving all orders from the Post Release and Recall Section (PRS). The function of NIS is to circulate all recalls on the Police National Computer (PNC) and to provide arrest data to PRS. The PRS sits within National Offender Management Service (NOMS) in the Ministry of Justice and are responsible for informing the owning force that an order has been made.

15. To measure performance a national end-to-end performance target for all agencies was introduced in April 2007:

• 96 hrs in 80% cases for standard recalls
• 48 hrs in 75% cases for emergency recalls.

16 To ensure MPS compliance with Licence Recalls and to meet targets, the MPS reviewed the process and implemented changes, which began on 1 November 2007. The MPS has worked with SCD26/NIS (National Intelligence Service) and NOMS to determine how best to improve performance and process/collate data. Key to making any improvements in Police performance was the ability to break National Offender Management Service (NOMS) data down by Borough. Consequently, performance in London is now monitored using the Emerald Warrants Management system (EWMS). The benefit of this system is that performance can be broken down to a Borough level and enforcement activity can be audited. This allows early identification of problems and early intervention where necessary. The work the MPS has undertaken has influenced the national process.

17. From April to September 2007, average MPS performance across both targets was reported by NOMS as 49%. After the first month of the new process, EWMS reported MPS performance as 58.9% across both recall targets. This compares like for like data.

18. Despite obvious improvements in both the system and performance there remain a number of issues that need to be addressed with the PRS. It is believed that a lack of checks / access to the relevant IT may cause this problem within the recall section and it is a purely administrative function over which police have no control. Early statistics indicate that 27% of recall offenders are actually already in prison or police custody when the recall notice is served, thus giving an inaccurate performance figure and potentially wasting time locating offenders already in custody. Further more, in some cases PRS are informing NIS but not notifying the owning force causing further delays.

19 Emerald and PNC senior managers are engaging with PRS, NIS and NOMS to identify solutions to these issues and will update Members accordingly.

Asset recovery

20. The MPS has been given a target for the financial year of achieving 468 confiscation orders, which is just one of the means used to disrupt criminal financial gains. New targets have been discussed with LCJB but are not confirmed. Table 1 shows projections for the remainder of this year, at 436, just below target. This is a financial year target and not a target for the rolling 12 months. (see appendix 1)

21. Table 2 indicates the value of orders made to October 07. ( see appendix 2). This is ahead of trajectory and therefore at this stage is on course to secure value of confiscation orders of £17,083,000 by March 2008. This is a financial year target and not a target for the rolling 12 months.

Value of asset recovery and forfeiture to the MPS

22. The Financial Investigator who carries out the Confiscation Investigation will create a record on the Joint Asset Recovery Data (JARD) system detailing the value of cash, property etc. that will be in the application for a Confiscation Order in court. The final amount quoted in the order is also entered on JARD. Once the order is made, the amount of money collected by HMCS Enforcement is then divided up. 50% goes to government and the remaining 50% is divided equally between police, CPS and HMCS.

23. The value of this combined with the amount from cash forfeiture received by the MPS is currently running at an average of £4,000,000 per year (data provided by SCD 6).

Confiscation Enforcement Team

24. Using incentivisation money, the MPS have set up a small confiscation enforcement team to work in partnership with the HMCS Central Accounting Unit. In seven months, they have arrested 85 persons who owe a total of £3.4m in Confiscation Orders. Courts have secured £117k of this amount and also secured a further 20 years in default sentences.

Proceeds Of Crime Act (POCA) Implementation Team (POCIT)

25. Since April 2006, the MPS POCIT has encouraged the use of asset recovery in the MPS, focusing on the police activities at the beginning of the process. These take place an average of three years prior to the issue of confiscation orders. In the last three months of 2007/8, the MPS made 425 cash seizures and obtained 39 restraint orders. This compares to 310 cash seizures and 39 restraint orders obtained in the full year 2006/7. Overall MPS performance has risen by 58% in the 3rd quarter of 2007/8 compared to the same period the previous year. This is measured by a basket of indicators known as the Payback Index, which includes current activity as well as confiscation orders.

26. There has not been a disruption to a criminal network solely attributable to the Proceeds of Crime Act (POCA), however it was used in conjunction with other police activity. During 2006/07 it was utilised in approximately 37% of disruption cases. Those networks were involved in a wide range of criminality which included gun enabled crime (commercial robbery & illegal supply of firearms), drug supply & importation, fraud (both private & public sector) and money laundering offences. In the forthcoming financial year (2008/09) the MPS Disruption Panel will be working to ensure POCA is seen as a key disruption tactic against criminal networks.

Update on Criminal Justice projects

Victim Focus Units (VFUs)

26. Currently there are 35 established Victim Focus Units with the final unit scheduled to go live at the end of January. The victim PCSO recruitment campaign is continuing and interest and applications for the new role remains strong. Initial feedback reports good contact and support being offered to victims of crime.

27. Investigators are gaining the benefit of greater contact details and preferred methods of contact, leading to improved partnership working with Victim Support.

Integrated Prosecution Teams (IPT)

28. Hackney and Tower Hamlets BOCUs went ‘live’ with IPT on 23 April 2007, followed by Waltham Forest BOCU on 21 May 2007. Evaluations took place at all three sites in December 2007. This recognised that consolidation activity had taken place on all sites but that further activity was required to achieve ‘Business as usual’. Action plans are being implemented at each site to address the issues raised. Close monitoring and guidance will be provided to each site to ensure satisfactory compliance with the action plans and therefore readiness for business as usual.

29. Authority to initiate the IPT process at the next group of boroughs is being sought from MPA (via COP). Should authority be granted then transfer to the new business and processes will commence in June 2008.

30. A revised project timeline has been produced which maps out delivery of IPT to London. If agreed, delivery of IPT will be achieved by December 2009.

Virtual Courts Update

31. London Virtual Courts (VC) operated as a prototype from 29 May 2007 until 17 August 2007. The aim of the prototype was to test the concept, namely the operation of Video Conferencing facilities between the police station and the court for first hearings only.

32. Following successful conclusion of the prototype the London Criminal Justice Board approved an outline business case for the implementation of VC in London. Subsequently the National Office for Criminal Justice Reform agreed to take over progressing VC in order to assess its applicability nationally and assess any related national issues. OCJR are now in the process of preparing a business case proposing London and one or more Criminal Justice Areas undertake a one year pilot for VC.

33. Consultation continues across the agencies both at an area level and with national business leads. The project will produce a detailed business case by 31 March 2008.

34. The MPS business case submitted in November to MPS Assessment Board requesting release of £3.2m capital and £1m revenue has been temporarily delayed pending outcome of the submission of the OCJR business case.

Simple, Speedy, Summary Justice (CJSSS)

35. CJSSS was implemented fully across London on 10 December 2007. The CJSSS Implementation Team of the London Criminal Justice Board (LCJB) will conduct monthly evaluations of the CJSSS schemes. A post-implementation review will be completed with each of the Local Implementation Teams (LITs) on every area in London before 21 March 2008. Ongoing monitoring of performance in relation to the key CJSSS targets will be built into the performance measurement carried out by the LCJB. It is anticipated that CJSSS will be extended to youth courts from April 2008.

Director’s Guidance Quick Process (DGQP), now known as ‘Director’s Guidance - Streamlined Process’

36. The Streamlined Process will ensure a more proportionate approach to case file build, reducing unnecessary bureaucracy and ensuring a more effective use of public resources and will be introduced as part of the CJSSS initiative. It is being overseen by the Charging Operational Board, chaired by DCC Jim Barker-McCardle (NPIA).

37. It is anticipated that there will be national guidance from the NPIA concerning evaluation. There is a need to sustain the benefits from CJSSS whilst realising further benefits in relation to initial case file preparation.

38. In relation to training, a project team from TP Emerald is developing material for a series of awareness seminars to be delivered centrally to key supervisors and CPU staff, together with guidance resource packs for other staff. Local awareness sessions will be held, and on-site guidance will be provided by TP Emerald staff when areas go-live. It is intended that there will be joint-agency training prior to go-live, with criteria set for minimum numbers of staff to be trained before go-live is authorised.

39. Engagement of the judiciary and defence remains essential to the success of the process, and they are being kept aware or developments.

Update on custody projects

Project Herald

40. Project Herald has three strands, inputters, forensics in custody and forensic medical provision.

Designated Detention Officer (DDO) Inputters

41 The pilot has been running for six months at Forest Gate and evaluation work is ongoing. Early indications are that there are some extremely positive outcomes in terms of detainee processing times and data quality improvements. Further work is being completed regarding user experiences and perceptions. Recruitment has continued towards a full compliment of staff to implement the scheme across all of the five operational teams by April 2008.

42. A second pilot site for DDO inputters is running at Chingford and building work in the custody suite to accommodate the staffing model is due to be completed by the end of February 2008. A further six DDO recruits have been selected and are due to commence their foundation training at the beginning of February 2008.

43. To ensure successful further roll out across the MPS, a feasibility study with regards to physical environment is being conducted. So far, 21 of 54 operational custody suites have been assessed and found to be suitable. Others are anticipated to require minor works and Property Services are engaged in the evaluation process.

Forensic Pilot

44. The pilot has continued at Colindale Police Station. Officers are contacting forensic staff in approximately 85% of relevant cases. During February 2008, further aspects of the pilot will be introduced, which will include a member of the forensic staff monitoring the quality of submitted LIVESCAN and DNA samples. They will also review the:

Forensic medical provision

45. The proposed rollout of nurses to augment the existing forensic medical service provision will be the subject of a report to the MPA Co-ordination and Policing Committee on 7 February 2008.

Borough Based Custody Centres (BBCC)

46. The MPA has agreed the appointment of contractors for the detailed design and building of the proposed centres.

47. BBCC Project Board approved the inclusion of Cell Telephony and Life Sign Monitoring within BBCCs. Work to progress these aspects is on-going with PSD and DoI.

48. At BBCC Project Board on 21 December 2007, formal approval was granted to proceed with schemes for Enfield, Hammersmith and Wandsworth.

National Guidance on Safer Detention

49. The National Police Improvement Agency (NPIA) conducted their Peer Review of the MPS on 16th November 2007, as part of their work to assess implementation progress nationally. Feedback was very positive and we were commended on having made inroads into all elements of the guidance. Some areas were deemed to be examples of good practice worthy of note, such as much of our custody training course content. The MPS Custody Officer's course has largely been adopted as the basis for the NPIA Safer Detention Training Package.

50. Work has commenced in all areas raised by the guidance. Progress will be staged and planned against the risk posed by each issue. This work will be overseen and ratified by the newly formed Safer Detention Project Board, the first meeting of which took place on 21st November 2007.

Operation Safeguard - Current and future demands

51 We have continued to provide 50 cells for the use of Safeguard detainees, however, since prior to Christmas there has been no demand for their use. The vacant cell space is being made available to accommodate MPS detainees, under set guidelines, or staff are redeployed to patrol functions locally. The arrangements for future demand have recently been reviewed and the current provision has been agreed to run until April.

FMEs

52. Contract review and renegotiation is progressing. Her Majesty’s Revenue and Customs (HMRC) are currently conducting an audit based on the employment status of individuals with contracts for services, which includes FMEs. Advice from Tax consultants has been taken and further amendments to the draft contracts have been made in light of their recommendations. These amendments are undergoing a second review by Legal Services, which has led to a delay in commencing negotiations with the FMEs. Whilst 1 April 2008 remains the preferred target date for the new contracts to become effective, it is anticipated that there may be some slippage.

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

53. Lambeth went live with NSPIS CuCP on 11 December 2007 bringing the total NSPIS “live” boroughs across the MPS to thirty. The three remaining boroughs to go live with NSPIS CuCP are Kensington & Chelsea (12 February 2008), Southwark (19 February 2008) and Westminster (4 March 2008). Business change processes are well advanced with each of these boroughs in preparation for their go-live dates.

54. 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 magistrate’s 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 this interface at the earliest opportunity a live pilot is currently being run in Kingston borough.

55. The impact for the NSPIS CuCP roll out is that whilst NSPIS Custody is still on track to be deployed across London by 31 March 2008, the date for completion of the Libra roll out, together with the delivery of an effective interface between NSPIS Case Preparation and Libra, is likely to extend the MPS NSPIS Case Preparation roll out to the end of 2008. The MPS NSPIS project team has developed a revised deployment schedule and resource requirement based on this latest information and it is intended to recommence roll out of NSPIS Case Preparation at the end of January 2008 starting with Harrow borough.

Libra rollout

56. Bromley went Libra live on the 18 November 2007 followed by Haringey in December. The next borough to go live will be Enfield on the 3 February 2008 followed by Wandsworth (17 February 2008) and Hammersmith (2 March 2008). Business change processes are well advanced with each of these boroughs in preparation for their go-live dates.

57. The Ministry of Justice and the HMCS have ratified the roll out schedule for 2008. The schedule is currently on track which means the roll out within the MPS will conclude in November 2008.

Glossary of terms

BBCC

Borough Based Custody Centre

BOCU

Borough Operational Command Unit

BTR

Bail To Return

CJIT

Criminal Justice Information Technology

CJS

Criminal Justice Service

CPS

Crown Prosecution Service

DDO

Designated Detention Officer

DGQP

Directors Guidance Quick Process

EWMS

Emerald Warrants Management System

FME

Forensic Medical Examiner

FTA

Fail To Appear

HMCS

Her Majesty’s Court Service

HMRC

Her Majesty’s Revenue and Customs

IPT

Integrated Prosecution Team

JARD

Joint Asset Recovery Data

LCJB

London Criminal Justice Board

LIT

Local Implementation Team

MPS

Metropolitan Police Service

NES

National Enforcement Service

NIS

National Identification Service

NOMS

 National Offender Management Service

NSPIS CuCP

National Strategy for Police Information Services Custody and Case Preparation

OBTJ

Offences Brought to Justice

OCJR

Office of Criminal Justice Reform

OIC

Officer in Case

PER

Prisoner Escort Record

PNC

Police National Computer

POCA

Proceeds of Crime Act

POCIT

Poca Implementation Team

PPM

Police Performance Meeting

PRS

Post Release and Recall Section

PYO

 Persistent Young Offender

PYTD

Performance Year To Date

QA

Quality Assurance

SD

Sanction Detections

SOP

Standard Operating Procedure

SSSCJ

Simple Speedy Summary Criminal Justice

STHF

Short Term Holding Facility

VC

Virtual Courts

VFU

Victim Focus Unit

C. Race and equality impact

All Criminal Justice projects have their own Race and Equalities impact assessment completed. Race and Diversity issues are therefore addressed within each individual project.

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. Where required individual projects are brought back to the MPA via the appropriate committee.

E. Background papers

None

F. Contact details

Report author: Chief Superintendent Joanna Young, Territorial Policing, MPS

For more information contact:

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

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