Criminal justice update

Report: 9
Date: 10 April 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 report.

B. Supporting information

PERFORMANCE TO DATE

Sanction Detections and Offences Brought to Justice (OBTJ)

1. Performance in the MPS continues to improve. The number of Total Notifiable Offences (TNO) for performance year to date (April to 25 March 2008) is 829,519 compared to 885,151 for the same period last year giving a reduction of 55,632 or 6.3%. The number of Sanction Detections (SD) is 185,921 giving a SD rate of 25% against the target of 24%, which is again a rise on the last reporting period. The MPS continues to be on course to exceed the number of OBTJ this financial year with current numbers for the year to date (Jan 2008) of 181,610 against a target of 164,330.

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 65.8 days against the National Pledge of 71 days (Sep to Nov 07). Whilst this is within the National target it has begun to creep up over the last quarter and work is in hand to ensure the final quarter target is met, which includes monitoring by Criminal Justice Unit managers across the MPS with Time Interval Surveys completed in every case as an additional review facility.

London Criminal Justice Board (LCJB) Targets

3. In February, the LCJB agreed its three-year strategy, which builds on the success of the last year both in continuing to improve performance and delivery of key projects. The strategy retains the focus on delivering greater effectiveness and efficiency and at the same time includes details of their response to the challenges set for the criminal justice service within the new Public Service Agreements (PSA). This includes an increased focus on serious and violent offending with an emphasis on young people.

4. The LCJB also agreed the targets for the new financial year, together with a number of measures that will be monitored. Work is ongoing to allocate borough level targets where appropriate.

Effective outcomes within an agreed timescale

5. London continues to meet the London Criminal Justice Board (LCJB) locally set targets for ineffective trials at Magistrates Courts and has almost met the target for Crown Courts. The London target is 19% in Magistrates Courts and 14% in Crown Courts. The number of MPS trials in the Magistrates Courts for the PYTD (Jan 08) is 22,938 of which 4,258 have been ineffective. This gives an Ineffective Trial Rate of 18.1%. The Ineffective Trial Rate in Crown Courts for London is 14.2% (Dec 07)*
*Source: LCJB. Data relates to cases at the Crown Courts in London regardless of prosecuting Force or agency.

Youth justice

6. The working group set up by the London Criminal Justice Board (LCJB) to improve the response of London Criminal Justice agencies to youth crime, continues to progress the four workstreams detailed in the December report. Progress is as follows:

Performance

7. The research to identify what success looks like in relation to Criminal Justice Service (CJS) response to youth crime has now been commissioned and Matrix Consultancy are in the process of compiling a report. As previously reported this will result in a youth CJS performance dashboard (at present the only youth measure is the PYO pledge).

Workstream - Risk Assessment

8. The ACPO Youth Toolkit project (started 7 December 2007, involving validating the ACPO Neighbourhood Policing Youth Toolkit to identify children and young people likely to be at risk of victimisation and / or offending and being piloted in Waltham Forest in the MPS and in Essex) has progressed and the two pilots have started work on applying it locally. Further plans will be presented to the LCJB during March 2008. The second project concerning Triage on arrest (YOT, MPS & CPS making early decisions on low level offences leading to more diversion away from CJS) is also being developed locally and plans are being presented to the LCJB.

Court process – safety – speed – impact

9. There are five components to this workstream and work is scheduled to start in April 2008:

1. Balham Youth Court: It has now been decided to apply lessons from the evaluation more widely to more courts in London, and work is underway to progress this in April 2008.
2. Safe Courts: Dedicated PCSOs at six Youth Courts are now in place. Work is progressing regarding the physical aspects, which will be reported in more detail within the next report.
3. Special Measures: a survey has been carried out on the two pilot Boroughs on the knowledge officers have on using special measures. As a result of this work, a training package is being designed to update the knowledge officers have on when special measures can be used. The survey established that out of 209 officers completing the questionnaire 66% were aware that special measures could be used in court with 96% of these respondents knowing that they apply to vulnerable, child and intimated witnesses and victims
4. Court experience: Discussions have now taken place with the Senior Presiding Judge on exploring use of Crown Court Judges for youth work and this is being progressed.

Positive Engagement

10. On the 25 January 2008 a borough engagement event was held in Greenwich for the Boroughs of Greenwich and Lewisham to up date the LCJB on how the ACPO Youth ‘Toolkit’ and ‘Triage’ could be applied to the boroughs. Detailed action plans are to be presented to the LCJB in March 2008. This workstream aims to provide a platform to recognise the participation of young people in the CJS/increase confidence of young people in the CJS, and is expected to start after April 2008.

Warrants

11. In January 2008, the MPS possessed 6,083 Fail to Appear Warrants and remains on course to meet this year’s 'Owned' Target of 6,500. The LCJB has proposed that the London 'Owned' FTA target for the financial year 2008/ 2009 will be 5,500.

12. The MPS is currently progressing work to enable the City of London Police Force to manage and circulate Fail to Appear Warrants via the MPS Warrant Management System. This project will improve the sharing of information relating to Wanted Offenders and will enhance the enforcement and management of FTA Warrants across London.

London Joint Enforcement Team Project (LJET)

13. The London Joint Enforcement Team project (LJET) has been re named as the Integrated Warrants Management Team project (IWMT). The business case for a joint warrants administration unit for London has been completed. This will be before the London Criminal Justice Board (LCJB) on the 28 March 2008.

Licence Recalls

14. In January the MPS achieved 73.5% of emergency recalls within 48 hours and 57.3% of standard recalls within 96 hours. These are both below the targets set by National Offender Management System (NOMS) (75% emergency, 80% standard). However, they contribute to an improvement in the overall FYTD totals. The LCJB have proposed a change in the targets to make them both 80% within the same respective time scales for the 2008/09 period. It should be noted that ultimately the Probation Service make the decision on licence recalls. However, MAPPA meeting across the MPS do seek to influence these decisions to meet the targets.

Asset Recovery

15. 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. Financial investigators (FI) and payback units are using the ‘Proceeds of Crime Act’, together with other legislation, across the MPS to reduce crime and impact against harm in communities. Other vital components of this strategy include cash seizures, forfeitures and money laundering charges, as well as drugs forfeiture. New targets have been discussed with LCJB but are not confirmed. Table 1 shows projections for the remainder of this year, at 414, just below target. This is a financial year target and not a target for the rolling 12 months.

Table 1 - Volume of confiscation orders 07/08 - see Appendix 1

16. Table 2 indicates the value of orders made to December 2007. 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.

Table 2 - Value of confiscation secured 07/08 -See Appendix 1

Value of asset recovery and forfeiture to the MPS

17. The MPS took £14.6 million from criminals in 2007 and remitted this to the Home Office. £4 million was re-cycled to the MPS from the Home Office incentivisation scheme. All of this has been recycled in turn providing at least one Financial Investigator (FI) post per OCU and additional funding through the payback index points reward system. The cross business group Payback Programme Board, chaired by AC SCD, has overseen this disbursement.

Asset Confiscation Enforcement Team (ACE)

18. Since its implementation in March 2007, the team has worked in conjunction with the HMCS Central Accounting Unit at the City of Westminster Magistrates Court and arrested/secured the attendance at court of 87 persons who owe in excess of £3.5 million in unpaid Confiscation Orders. The courts have secured payments totalling £120,000 with another 12 of the subjects having default sentences of imprisonment imposed totalling 22.5 years. Five applicants have been granted Certificates of Inadequacy and a further two are currently awaiting the outcome of their applications. Of the outstanding 83 warrants research has identified that there are currently 14 subjects residing outside the United Kingdom whose details have been entered onto the Home Office Warnings Index. In order to improve future performance the ACE team has been re-aligned to TP Crime where they will have greater access to other unit’s skills and thus be able to be more proactive. (Where a confiscation order has been made, there is a procedure in the earlier confiscation legislation for the defendant or a receiver appointed in the case to apply to the High Court for a "certificate of inadequacy" on demonstrating that the realisable property is insufficient to satisfy the confiscation order. Where the High Court issues a certificate of inadequacy, the certificate may be presented to the Crown Court or magistrates' court and the amount of the confiscation order must then be reduced.)

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

19. Since April 2006, the MPS POCIT has encouraged the use of POCA to reduce crime across the MPS, focusing on the police activities at the beginning of the process. In the last three months of 2007, the MPS made 425 cash seizures and obtained 39 restraint orders. This compares to 310 cash seizures and 39 restraint orders obtained in 2006. These are powerful tools to detect, deter and disrupt criminality at all levels, but particularly robbers, burglars, drug dealers and handlers. 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).

UPDATE ON CRIMINAL JUSTICE PROJECTS

Victim Focus Units (VFUs)

20. The Victim Focus Unit Project Team up dates as follows:

• All victim Focus Units are now established and recruitment continues to fill the last vacancies.
• MPS Project team is in the process of reviewing procedures and processes and providing on site support to units requesting additional assistance.
• MPS Project team is also planning to hold supervisor and practioner forums to gather best practice and disseminate any updates to working procedures in April 2008.
• Referrals to Victim Support have increased, MPS project team continue to encourage Victim Focus Units to revisit the option of a referral some time after the offence, not just at the initial reporting.

Integrated Prosecution Teams (IPT)

21. As previously reported, 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.

22. Performance data continues to show an increase in Magistrates Court guilty pleas and a general downward trend in discontinuances. These findings show the success in the functionality of IPT processes. The benefits of a single file approach, the reduction of duplication of work, and the improved supervision of files are now being realised.

23. The MPA authorised rollout of IPTs to all London boroughs on 7 February 2008. Preparation work continues at the early adopter sites of Bexley and Barnet boroughs. Transfer to IPTs at Bexley and Barnet is on course for August 2008.

24. Property services and DOI are currently identifying suitable accommodation for the remaining London Boroughs. This task is scheduled to be completed by 31 March 2008, which will enable a more rigid rollout schedule to be produced.

Virtual Courts Update

25. The national Virtual Courts business case is making good progress and is on line for submission by 31 March 2008.

26. The national business case has established a Virtual Courts National Project Board, chaired by Arwa'a Abdullah (OCJR). Three sub-groups support the board, namely the Funding Advisory Board, Technical Advisory Group and the Procurement Advisory group.

27. Should the business case be successful and sufficient funding be realised the London Criminal Justice Board currently envisages conducting the pilot from 15 custody sites across nine Boroughs. The planned boroughs include Westminster and eight southeast boroughs. This would capture 40% of the MPS charging volume and give sufficient data in terms of quality and quantity to satisfy evaluation requirements.

28. Work continues within the MPS to validate the assumptions being made within the business case across the following levels; finance, technology, information management, HR, front end user processes. In addition, consultations have commenced with the Police Federation and CPSA.

29. More concrete conclusions around the business model and implementation will occur following the outcome of the business case.

Simple, Speedy, Summary Justice (CJSSS)

30. CJSSS was implemented fully across London by December 2007. From February 2008, the CJSSS Implementation Team of the London Criminal Justice Board (LCJB) has been completing post-implementation reviews with each of the Local Implementation Teams (LITs), with a view to every area in London being reviewed by 21 March 2008. The results of this further evaluation should be available by the end of March. It is anticipated that CJSSS will be extended to youth courts from April 2008. The Streamlined Process (below) will apply to cases heard in youth courts.

Directors’ Guidance - Streamlined Process (formerly known as Directors Guidance Quick Process (DGQP))

31. 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 is being introduced as part of the CJSSS initiative. The Director of Public Prosecutions (DPP) has recently issued guidance concerning the file preparation and prosecution of anticipated guilty plea cases suitable for sentencing in the magistrates’ court and for first hearings in other cases. The Streamlined Process will not apply to indictable-only cases.

32. The Streamlined Process is being tested in seven separate CJS areas including the MPS. The other areas are Cheshire, Gloucestershire, Humberside, Merseyside, Staffordshire and Suffolk. The MPS will rollout the Streamlined Process in three waves at ‘early adopter sites’, namely:

Wave 1 - Bexley, Greenwich and Lewisham
Planned go live: 31 March

Wave 2 - Barnet, Brent, Harrow and Hillingdon (including Heathrow)
Planned go live: 28 April

Wave 3 - Westminster (including British Transport Police) and City of London Police
Planned go live: 27 May

33. Evaluation will take place after periods of three-months and six-months before full implementation across the MPS, which is anticipated to be complete by the end of 2008.

34. Joint Agency Awareness Seminars for key staff commenced at central locations in early March. Local presentations have also commenced and are being delivered to the relevant local SMTs and CJUs, together with presentations to the SMTs for CAIT (SCD5) and the Royal Parks Police.

35. A Guidance Resource package has been produced to support the training; TP Emerald is distributing publicity material, posters and desktop instructions. In the long-term, an e-learning package has been commissioned for delivery to all recruits. It is intended that this will be available by the end of 2008, and will be developed when evaluation is complete and any revisions to the guidance from the DPP has been made.

36. The London Criminal Justice Board are deploying a number of Implementation Managers and Officers to engage with the current CJSSS LITs to ensure that awareness is raised and to ensure that joint agency training for staff from the courts, CPS and Probation Service takes place. Engagement of the defence community is essential and local defence awareness events are being arranged.

37. The expected outcomes of the Streamlined Process are:

• A reduction in the amount of time it takes for an officer to complete a case file;
• A possible increase in the number of cases where police make the charging decision and a reduction in the number of unnecessary approaches to Duty Prosecutors;
• A decrease in the number of persons bailed to return;
• A reduction in administrative work and the amount of supervision time required;
• No adverse impact on first hearing and trial outcomes in terms of guilty pleas and adjournments;
• A consistent standard of case file completion across the MPS.

Conditional Cautioning

38. London completed the full roll out of Conditional Cautioning one month ahead of the national deadline with the final three boroughs in London – Hackney, Tower Hamlets and Newham going live on 28 February. The total number of conditional cautions issued since the initiative was launched in London is now more than 330.

UPDATE ON CUSTODY PROJECTS

Project Herald

39. Project Herald aims to develop solutions for some of the custody capacity and through the improvement of custody efficiencies. The overall objectives of the Herald Project are to achieve best value, to increase efficiencies and to create the safest environment possible for all persons in custody at all times. The project has three strands, DDO Inputters, Forensics in custody and Forensic Medical Provision.

Designated Detention Officer (DDO) Inputters

40. The pilot at Forest Gate has been running for one year in April 2008 and work is now ongoing to collate and present the evaluation data to Commander Criminal Justice. The Project Team have continued to work with the Borough regarding user experiences and perceptions to ensure any ‘lessons learnt’ can be considered for the future rollout. The remaining four DDOs have been recruited and will join the service in April 2008. This final selection will allow a full compliment of staff to be implemented across all of the five operational teams although training in respect of this new role will still need to be delivered.

41. The second pilot site at Chingford will close for custody suite building renovation work on 25 March 2008. These renovations will then accommodate the increased staffing model.

42. The feasibility study of all MPS custody suites with regards to the physical environment and potential building renovation work continues and it is expected to be completed by the end of March 2008.

43. A further report will be submitted to the MPA seeking authority to progress the rollout in due course.

Forensic Pilot

44. The pilot has continued at Colindale Police Station. Officers are contacting forensic staff in approximately 85% of relevant cases. Further aspects of the pilot will be gradually introduced during March 2008, which will include a member of the forensic staff monitoring the quality of submitted LIVESCAN and DNA samples. They will also review the detainee list for the previous 24 hours to ensure any learning surrounding missed forensic opportunities is passed onto the officer concerned.

Forensic medical provision
45. The proposed rollout of nurses to augment the existing forensic medical service provision was approved by the MPA Coordination and Policing Committee in March 2008.

Borough Based Custody Centres (BBCC)

46. Progress on BBCC continues and it is anticipated that the first BBCC will be up and running in 2010. Briefly, progress at each site is as follows:

• Merton – Planning approval was granted in November 2007 but there are delays as the scheme is dependent on a patrol base at Deer Park Road to decant to. Work continues to progress this effectively.
• Haringey - The planning application for the scheme at Wood Green was submitted on 10 January 2008. The planners are considering the scheme at the moment.
• Waltham Forest – The planning application for the scheme at Leyton was made at the beginning of December 2007 with approval granted by planners on 19 February 2008. The scheme will now enter the next stage, which will be the detailed design phase.
• Barking & Dagenham – Full planning consent for Fresh Wharf was granted on 20 December 2007. The developer will construct the shell in nine months followed by a further 15 months to fit out the interior.
• Croydon – The business case was due to go to Investment Board in February 2008 and MPA Finance Committee in March 2008. However, delays were incurred due to changing requirements that led to amendments to the business case.
• Lambeth – The Borough Commander is in local consultation to identify a preferred location for a Custody Centre.
• Greenwich – The feasibility study has been completed on the patrol base at Warspite Road. The Environment Agency is concerned because of flood plain issues.
• Enfield – The site for the Custody Centre at Edmonton meets with the operational needs of the Borough. The scheme will be submitted to Investment Board in Summer 2008.
• Hammersmith – The scheme is at an early stage and a decision for a finalised location is still awaited.
• Wandsworth - The scheme is at an early stage and a decision for a finalized location is still awaited but will probably be Wandsworth Police Station.

National Guidance on Safer Detention

47. Work continues across all areas of the Safer Detention guidance. Those more significant issues (previously highlighted), such as protocols with healthcare and other agencies for dealing with violent detainees, auditing Prisoner Escort Records and the Custody Staff Handover, continue to be addressed. These are broad subjects with wide ranging implications and some will take significant time to fully resolve.

48. The IPCC published their report on ‘Near misses in Custody’ on the 12 March 2008. Whilst the recommendations are national, the research took place within the MPS and all case studies referred to occur in the MPS. All near miss incidents within the MPS are investigated and, where relevant, officers and staff are dealt with appropriately. Of note for the MPS is the work of the ‘Safer Detention Working Party’, established in July 2005, which has worked to reduce the risks to detainees, increase awareness of staff and capture learning to prevent repetition of incidents. Through its work and monitoring processes, the number of recorded near misses has increased but the number of deaths in custody has reduced.

Operation Safeguard - current and future demands

49. Approximately 50 additional cells, i.e. cells not in use for daily police operations, have been supplied to operation safeguard since January 2007. To minimise the impact on both police operations and routine maintenance work, various custody suites are used across the MPS area. At the time of this report, eight sites are in use.

National Strategy for Police Information Services Custody and Case Preparation (NSPIS CuCP)
50. The final MPS borough, Westminster, went live with NSPIS Custody on 4 March 2008. NSPIS Custody and the roll out have therefore been achieved within the scheduled period (before 31 March 2008).

51. The Case Preparation element of the NSPIS CuCP application has not been activated at any borough where NSPIS CuCP has gone live since 17 April 2007, as these boroughs are reliant on the Libra requirements.

52. 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. The users on Kingston Borough have found the system to be user friendly and generally works well. When accessing neighbouring court areas such as Richmond and Merton the Libra system is less reliable. However, this contrasts with the Exhibit system for Crown Courts, which is accessible across all areas.

53. 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 commenced a revised deployment schedule and to date 16 boroughs have been deployed, the latest being Croydon on 4 March 2008. The remaining boroughs will be deployed during 2008 with expected completion by November.

Libra rollout

54. Enfield, Wandsworth and Hammersmith all successfully migrated to LIBRA over the previous 4 weeks. Hounslow will go live on the 14 March followed by Camberwell Green on the 11 April. The roll out is still on schedule and due to conclude in November 2008.

55. It is proposed to commence a secondary roll out to non-core users in December 2008. This will open up access to departments such as intelligence units. This is dependant on the Ministry of Justice increasing the number of licences allocated to the MPS. At this time, the MPS struggles to allocate sufficient licences to core CJU roles.

56. LIBRA continues to have a detrimental effect on the speed of resulting cases to the Police National Computer (BR7 targets). Delays are also caused by differentials in counting processes used by Her Majesties Courts Service and the MPS. The target for results to be entered is 10 calendar days, with the courts allocated three of those days. However, HMCS targets refer to three working days, thus increasing their time span at weekends and bank holidays. Further delay is caused by a more intensive validation process on the new LIBRA system at court. Meetings have been held with HMCS to try and secure an improvement in performance.

Glossary of terms

ACE

Asset Confiscation Enforcement Team

BBCC

Borough Based Custody Centre

BOCU

 Borough Operational Command Unit

BTR

Bail To Return

CAIT

Child Abuse Investigation Team

CJIT

Criminal Justice Information Technology

CJS

Criminal Justice Service

CPS

 Crown Prosecution Service

DDO

 Designated Detention Officer

DGQP

 Directors Guidance Quick Process

FDA

Association of First Division Civil Servants

FME

Forensic Medical Examiner

FTA

Fail To Appear

HMCS

Her Majesty’s Court Service

IPT

Integrated Prosecution Team

LCJB

London Criminal Justice Board

LIT

Local Implementation Team

MPS

Metropolitan Police Service

NES

National Enforcement 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

PCS

Public and Commercial Services Union

PER

Prisoner Escort Record

PPM

Police Performance Meeting

PYO

Persistent Young Offender

PYTD

Performance Year To Date

QA

Quality Assurance

SD

Sanction Detections

SOP

Standard Operating Procedure

SRO

Senior Responsible Officer

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, VFUs, 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, (with the exception of Virtual Courts where the gains are around improved effectiveness and efficiency of the CJS). Where appropriate individual projects are brought back to the MPA via the relevant committee.

E. Background papers

None

F. Contact details

Report author(s): 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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