Defence Security - Policing Policy

Defence Security - Policing Policy

Ministry of Defence

Dear Mr Smyth

FREEDOM OF INFORMATIONREQUEST

1. Thank you for your e-mail of 14th December which has been considered to be a request for information in accordance with the Freedom of InformationAct 2000. You requested the following information:

Please can you provide me with copies of any policy documentsrelating to join patrols between the service police (RMP, RAFP andthe RNP) and the civil police. With particular regards to Wiltshire Police and Essex Police.

1. In response to your request I have confirmed with both the RMP and RNP that neither Service Police have a policy document covering joint patrols. You also asked for any policy that specifically mentioned either Wiltshire or Essex Constabulary, and again I can confirm that there is no extant policy in relation to those two forces.

1. The RAF Police have produced a policy and the relevant extract from the RAF Police policy Leaflet 3216 – Off Base Patrolling and Tactics, Techniques And Procedures (TTP) Exchanges - RAF Police (RAFP) And Home Department Police Forces (HDPF) covering the information requested is enclosed.

1. If you are not satisfied with this FOI response or you wish to complain about any aspect of the handling of your request, then you should contact me in the first instance. If informal resolution is not possible and you are still dissatisfied then you may apply for an independent internal review by contacting the Head of Corporate Information, MODMainBuilding, Whitehall, SW1A 2HB (e-mail ). Please note that any request for an internal review must be made within 40 working days of the date on which the attempt to reach informal resolution has come to an end.

1. If you remain dissatisfied following an internal review, you may take your complaint to the Information Commissioner under the provisions of Section 50 of the Freedom of Information Act. Please note that the Information Commissioner will not investigate your case until the MOD internal review process has been completed. Further details of the role and powers of the Information Commissioner can be found on the Commissioner's website,

Yours sincerely,

Hamish Shepherd

Enclosures:

1. Extract from Air Publication 1722, Leaflet 3216 – Off Base Patrolling and Tactics, Techniques And Procedures (TTP) Exchanges - RAF Police (RAFP) And Home Department Police Forces (HDPF).

LEAFLET 3216 – OFF BASE PATROLLING AND TACTICS, TECHNIQUES AND PROCEDURES (TTP) EXCHANGES - RAF POLICE (RAFP) AND HOME DEPARTMENT POLICE FORCES (HDPF)

Introduction

1. As a direct consequence of the introduction of Project DARWIN 2, RAFP Units are establishing closer professional links with their local HDPF colleagues and the opportunities for joint off base patrols has increased. Any supporting role provided by the RAFP in this manner must be in response to intelligence received or the prevalence of Service personnel offending in the local community. The activity must be mutually supportive and in line with the aspirations of the National Intelligence Model (NIM). Personnel are only to be deployed where it is proven that a significant problem concerning Service personnel exists or where reputational damage to the Service may occur. Each deployment is to be individually authorised by the appropriate RAFP Flt, Flt Cdr in accordance with the extant MOU and in agreement with his HDPF counterpart. This leaflet gives guidance on the role of the RAFP element of the patrol and also provides guidance to Units to enable them to complete a Memorandum of Understanding (MOU) or Protocol with HDPF commanders. On other occasions the opportunity will arise for RAFP and HDPF personnel to observe one another’s activities with a view to adopting or adapting appropriate TTPs; these activities are sometimes referred to as ‘ride-alongs’. This leaflet also gives guidance on the participation of RAFP personnel in such exchanges.

Duty Status

1. To enable RAFP personnel to maintain the full protection of the Service benefits to which they are entitled they must be employed on an authorised duty. Queens Regulations, Appendix 36A establishes that an individual who is performing a specific function required by the Service is “on duty”. Therefore, if an individual undertakes a joint patrol or a TTP exchange at the direction of his chain of command, he will be deemed on duty. Any such duty is to be sanctioned by the appropriate unit Commanding Officer and the “on duty” status of anyone undertaking joint patrols and TTP exchanges is always to be made clear. The unit MOD Form 315 is to be annotated to reflect the nature and timescale of the duty to be performed.

Dress and Equipment

1. Clothing worn and equipment carried will be dependent on the task to be performed:

1. Joint patrols. RAFP personnel are to wear uniform including Hi- Vis vest or jacket. A stab vest is also to be worn. Personnel are to be equipped with their issue baton and handcuffs[1].

1. TTP exchanges. Clothing commensurate with the nature of the duty is to be worn. Given the observational nature of such activities personnel will not require their issue baton and handcuffs and therefore they are not to be taken on TTP exchanges.

Joint Patrols - General Principles

1. The purpose of the patrol is to assist the HDPF in the prevention of crime and disorder involving Service personnel in the local community. This will be achieved by:

1. The visible presence of the RAFP, instilling reassurance within the local population.
2. Early intervention of the joint patrol at the onset of potential incidents.
3. Dealing with any instances involving Service personnel withexpedience and efficiency.

Joint Patrols – Limitations

1. The role of the Service Police (SP) within the joint patrol is strictly limited and they are not to:

1. Engage in confrontational situations with members of the general public.
2. Be used to escort prisoners.
3. Be deployed within custody areas.
4. Assist HDPF personnel to effect the arrest of civilian personnel (see Para 11).

TTP Exchanges – General Principles

1. The purpose of a TTP exchange is to compare and contrast RAFP and HDPF working practices and procedures in order that personnel might identify potential benefits for their own organizations. Before participating in an exchange the RAFP chain of command is to provide clear written direction on the objectives of each exchange e.g. to observe HDPF use of stop and search powers and identify lessons for the RAFP. On completion of an exchange, participating RAFP personnel are to produce a written report highlighting any lessons identified and the implication for RAFP TTPs.

TTP Exchanges – Limitations

1. The role of the SP within the TTP exchange is limited to that of an observer and participating RAFP personnel are not to act in a patrolling capacity. RAFP personnel are to maintain a discreet presence at all times and comply with the general limitations set out at paragraph 5 above.

Memorandum of Understanding (MOU) and Protocols

1. A MOU or protocol for joint patrolling and/or TTP exchanges is to be produced and signed by the respective No 2 RAF Police Wg (2PW) Sqn Cdr and participating HDPF before any patrolling takes place. The MOU or protocol is to be reviewed and resigned annually. It is to include the following:

1. A risk assessment produced by the host HDPF.
2. A thorough explanation of the extent and role of the SP element of the joint patrol and/or TTP exchange including guidance on what to do in the event of an incident.

Powers of Arrest over Service Personnel

1. A RAF Police NCO may arrest without warrant any person subject to Service law (regardless of rank) in relation to any offence committed against the AFA 06 who is:

1. Engaged in committing an offence against any provision of the AFA 06 (Sect 67), or

1. Whom they reasonably suspects of having committed any such offence, or

1. Whom they reasonably suspects of being about to commit aService offence (Sect 69), or

1. Who has been sentenced to Service detention and who is unlawfully at large (Sect 303).

1. A Sect 69 arrest (Arrest in anticipation of commission of a Service offence) may be a particularly useful tool if it appears that a serviceman is about to commit a Service offence but it must be remembered that this arrest must not be used when an actual offence has been committed. Additionally, a person arrested under Sect 69 must be released as soon as the risk of them committing a Service offence has passed. An offence which may be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury.

Powers of Arrest over Civilians

1. The SP should defer to their HDPF colleagues when an incident involving civilians occurs and are not normally to be involved in any subsequent arrest. However, if it is deemed necessary to affect an arrest of a civilian, the powers available to the SP are:

1. s24A PACE arrest. s24A states that:

(1)A person other than a constable may arrest without a warrant:

(a)Anyone who is in the act of committing an indictable[2]offence;

(b)Anyone whom they have reasonable grounds for suspecting to be committing an indictable offence.

(2)Where an indictable offence has been committed, a person other than a constable may arrest without warrant:

(a)Anyone who is guilty of the offence;

(b)Anyone whom they have reasonable grounds for suspecting to be guilty of it.

(3)But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if:

(a)The person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b)It appears to the person making the arrest that it is not reasonably practical for a constable to make it instead.

(4)The reasons are to prevent the person (alleged suspect) in question from:

(a)Causing physical injury to himself or any other person.

(b)Suffering physical injury.

(c)Causing loss of or damage to property; or

(d)Making off before a constable can assume responsibility for them.

1. Arrest at Common Law states:

(1)There is a common law power of arrest where:

(a)A breach of the peace is committed in the presence of the person making the arrest; or

(b)Where the arrestor reasonably believes that a breach of the peace will be committed in the immediate future by the person arrested; or

(c)Where a breach of the peace has been committed and it is reasonably believed that a renewal is threatened.

Reporting and Recording of Offences

1. Any arrest effected by the RAFP is to be recorded and reported immediately in accordance with standing instructions.

[1]The concept of Minimum Force is to be strictly adhered to.

[2] An offence which may be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury