POLICY DOCUMENT PART 1 – THE POLICY

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CUMBRIA CONSTABULARY
Policy Document
Doc Ref:
Policy Title: / THE REPORTING OF CRIMINAL PROCEEDINGS AND OTHER OFFENCES POLICY
Overview: / Cumbria Constabulary recognises its commitment to uphold and enforce the law. This policy will enable the Chief Constable to ensure the highest standards of professional conduct are maintained by requiring Police Officers, Special Constables and members of Police Staff to report any proceedings for criminal or other offences as outlined in the policy.
This policy is due to be reviewed, however due to the publication of Authorised Professional Practice (APP) shortly after the scheduled review date a full review of the policy has been delayed. It is anticipated that the full review will be completed by June 2015. Whilst this full review is awaited, this version of the policy has been approved to remain in place by the Force Professional Lead.
Version: / 6
Status: / Draft / Live
Type: / Professional Standards
Owner: / Director, Professional Standards Department
Author: / Policy Officer PSD
Approved By: / RSB
Valid From: / 1 December 2007
Review Date: / 1 December 2008
23 March 2012
Freedom of Information Act: / Available for Release / Unavailable for Release
Protective Marking Scheme: / Restricted / Not Protectively Marked
Race Relevance Assessment: / High / Medium / Low
Disability Relevance Assessment: / High / Medium / Low
Gender Relevance Assessment: / High / Medium / Low

TABLE OF CONTENTS

1AIM OF THE POLICY

2APPLICATION

3THE POLICY

4TERMS AND DEFINITIONS

5MONITORING AND REVIEW

6COMMENTS AND CONTACT

7SUPPORTING INFORMATION

VERSION CONTROL

Version / Status / Date / Reason for Change / Authorised
1 / Draft / 03/04/06 / Consultation Draft. / Director PSD
2 / Draft / 06/03/07 / JNCC Consultation. / D/Chief Constable
3 / Draft / 12/09/07 / Reformat and further consultation. / Director PSD
4 / Draft / 30/10/07 / Following consultation. / Director PSD
5 / Live / 27/11/07 / Following approval by RSB / Director PSD
6 / Live / 23/03/09 / Review – Police Conduct Regs 2008 / Director PSD

1AIM OF THE POLICY

The aim of this policy is:

  • To ensure that the highest standards of professional conduct by the Officers, Special Constables and Police Staff of Cumbria Constabulary are maintained.

2APPLICATION

This policy will apply to all Police Officers (but excluding Chief Officers), Special Constables and members of Police Staff.

Line Managers / Supervisors will be required to ensure all individuals for whom they are responsible are aware of the arrangements for the reporting of criminal proceedings and other offences as set out in this policy. Where necessary, guidance can be sought from the Director of Professional Standards (PSD).

3THE POLICY

Cumbria Constabulary recognises its duty to uphold and enforce the law. The Police Officers and Special Constables of the Constabulary and members of Police Staff as employees of the Cumbria Police Authorityare expected to maintain the highest standards of professional conduct.

This policy draws and builds upon existing requirements and will enable the Chief Constable to ensure that those standards of professional conduct are maintained by providing a clear and consistent framework requiring Police Officers, Special Constables and members of Police Staff to report any proceedings for criminal or other offences as outlined in the policy. The requirement to make a disclosure in accordance with this policy will additionally provide protection for individuals from the threat of blackmail/corruption through an open and transparent reporting procedure.

The arrangements for Chief Police Officers to report details of criminal proceedings and other offences are overseen by the Police Authority and are out-with this policy.

The Director of Professional Standards is responsible for the implementation and on-going delivery of this policy.

As a result of a disclosure, in accordance with this policy, further action may be taken against an individual (including disciplinary proceedings and / or reconsideration of vetting clearance and / or other appropriate action). To ensure proportionality and a consistent approach the Director of Professional Standards together with the Director Personnel & Development will considerthe full circumstances of each disclosure prior to any action being taken.

4TERMS AND DEFINITIONS

For the purpose of this policy:

i)“Criminal Offences” has the same meaning as “recordable offences” under Section 27(4) Police and Criminal Evidence Act, 1984 and National Police Records (Recordable Offences) Regulations 2000.

ii)‘Criminal Proceedings’ (The Access to Justice Act 1999) means:

a)proceedings before any court for dealing with an individual accused of an offence,

b)proceedings before any court for dealing with an individual convicted of an offence (including proceedings in respect of a sentence or order),

c)proceedings for dealing with an individual under the Extradition Act 2003,

d)proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the Magistrates’ Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section,

e)proceedings on an appeal brought by an individual under section 44A of the Criminal Proceedings Act 1968,

f)proceedings for contempt committed, or alleged to have been committed, by an individual in the fact of a court, and

g)other proceedings;

  1. Any speeding violation involving the use of a police vehicle. The term ‘police vehicle’ also includes an individual’s private vehicle whilst being used for police purposes [a violation when using a private vehicle when not undertaking a police purpose will require to be reported in accordance – ii) g) iii below or ii) a) above].
  2. Any informal warning given in accordance with the Cumbria Constabulary (or any other Force’s) ‘Cannabis Enforcement Guidance’ for unlawful possession of cannabis.
  3. Any receipt of a penalty notice in lieu of a court appearance(this includes a ‘penalty notice for disorder’ [ie section 5, section 4, criminal damage or retail theft] or a ‘fixed penalty notice’[road traffic offences]).
  4. Any granting by a Magistrates’ Court of any preventative order (for example, anti-social behaviour order, football banning order or any order under Sexual Offences Act 2003).
  5. Any County Court Judgement granted against the individual (Child Support Agency and Bankruptcy judgements are included under this section).

iii) “Caution” includes any reprimand, formal or informal warning.

Further clarification and explanation of the terms may be found by reference to the National Legal Database which can be accessed via the Constabulary Intranet Information Page.

5MONITORING AND REVIEW

In accordance with the Constabulary Race, Disability and Gender equality schemes and Diversity Equality Schemes this policy will be monitored by the Policy Owner on an on-going basis for implementation issues, consistency of compliance and potential for discrimination.

Relevant statistics will be recorded against the six strands of diversity by the Director PSD in relation to all reports made in accordance with this policy and subsequent outcomes which will be considered annually alongside grievance and appeal statistics and any comments / feedback received regarding the policy in order to identify any trends, issues or concerns.

Initially the policy will be reviewed in May 2008. Thereafter it will be reviewed in line with the published review schedule. The policy will also be reviewed whenever new legislation / guidance which may have an impact is introduced.

The monitoring of this policy will be done by:

  • Reviewing the policy and associated documentation to ensure the policy is still relevant.
  • Reviewing the implementation of the policy by consultation with key personnel responsible for implementation and adherence to it.
  • Reviewing the Diversity statistics recorded by the Director PSD.
  • Reviewing the relevant data in relation to any related matters pursued in accordance with the Fairness at Work policy.
  • Consideration of any changes in legislation that need to be accommodated.
  • Consideration of any comments / feedback that has been received.

In the event that an individual feels disadvantaged by the requirements of a policy or procedure or where they perceive there to be an impact which is intentionally or unintentionally unfair the matter should be dealt with in accordance with the Policy and Procedure Review Process / Selection Processes Appeals Procedure contained within the Fairness At Work (Grievance Resolution) Policy and Procedure.

6COMMENTS AND CONTACT

For comments relating to this policy, please contact:

Director of Professional Standards Department

Cumbria Constabulary

Carleton Hall

Penrith

Cumbria

CA10 2AU

Telephone:01768 21 7133

E-mail:

7SUPPORTING INFORMATION

Documents:

  • Police and Criminal Evidence Act 1984
  • National Police Record (Recordable Offences) Regulations 2000.
  • The Access to Justice Act 1999
  • Police (Conduct) Regulations 2008, Schedule 1
  • Police Staff Terms and Conditions of Employment Handbook
  • Police Staff Disciplinary policy
  • Suspension From Duty policy
  • The Vetting policy
  • The Anti Fraud and Corruption Policy
  • The Revelation of Criminal, Misconduct and Discipline Findings to the Crown Prosecution Service policy (JOPI).
  • ACPO Guidance document 05/10/05, “Police Officers issued with Penalty Notices”
  • Cumbria Constabulary – Cannabis Enforcement Guidance, December 2003
  • Force Order 39/01 24.09.01, “Officers Convicted of Drink Driving Offences”
  • Force Order 13/04 31.03.04, “Cannabis Reclassification”

8INFORMATION FOR PRACTITIONERS – PART 2 SUMMARY

Part 2 of the policy contains the following information:

Reporting of Criminal Proceedings and Other Offences to Professional Standards Department setting out the type of proceedings and offences to be reported and outlining the potential for further action by the Constabulary in relation to these.

  1. Reporting of Criminal Proceedings.
  2. Notification of Offences to Professional Standards Department.
  3. Further Action and Review, Retention and Disposal of Records.

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POLICY DOCUMENT PART 2 – SUPPORTING INFORMATION

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PART 2

REPORTING OF CRIMINAL PROCEEDINGS AND OTHER OFFENCES TO PROFESSIONAL STANDARDS DEPARTMENT

  1. Reporting of Criminal Proceedings

The Police Service exists to uphold and enforce the law and as such its members are expected to maintain the highest standards of professional conduct.

Police Staff have contractual and common law duties not to do any act which could bring the Constabulary into disrepute.

Whether on or off duty; Police Officers should not behave in a way that is likely to bring discredit on the police service and adhere to the Police Standards of Professional Behaviour – Police (Conduct) Regulations 2008.

As such, Police Officers, Special Constables and Members of Police Staff must report any Criminal Proceedings taken against them.

  1. Notification of Offences to Professional Standards Department

In addition to Section 1 above, Police Officers, Special Constables and members of Police Staff shall report to Professional Standards Department:

i)Any speeding violation involving use of a police vehicle. The term “police vehicle” also includes an individual’s private vehicle whilst being used for Police purposes.

ii)Any informal warning given in accordance with the Cumbria Constabulary (or any other Force’s) “Cannabis Enforcement Guidance” for unlawful possession of cannabis.

iii)Any receipt of a penalty noticein lieu of a court appearance (this includes a ‘penalty notice for disorder’ [section 5, section 4, criminal damage or retail theft] or a ‘fixed penalty notice’ (road traffic offences).

iv)Any granting by a Magistrates’ Court of any preventative order (for example, anti-social behaviour order, football banning order or any order under the Sexual Offences Act 2003).

v)Any County Court Judgement granted against the individual.

The report to PSD must contain sufficient detail (date, location, brief outline of the circumstances, case reference number, outcome etc) to enable an assessment in accordance with section 3 below to be conducted.

  1. Further Action and Review, Retention and Disposalof Records

Conviction or caution for any offence as set out in Sections 1 or 2 above may result in further action being taken by the Constabulary. This could include disciplinary proceedings and / or reconsideration of vetting clearance and / or other appropriate action.

Each case will be decided on its own merits and with due consideration of the seriousness of the issue, the impact on the Constabulary and whether there is any question of honesty and integrity. The Directors of Professional Standards and Personnel & Development will consider all cases (Police Officers, Special Constables and Police Staff) to ensure proportionality in response to the disclosure.

Reports will be collated within the Professional Standards Department Anti Corruption Unit and reviewed,retainedand disposed ofin accordance with the department’s intelligence requirement.

The individual must also refer to the Policy For The Revelation Of Criminal, Misconduct and Discipline Findings To The Crown Prosecution Service (CPS) (which can be found via the Intranet>Information Pages>Policy) in order to fulfil their personal obligations under the Joint ACPO / CPS Joint Operational Instruction (JOPI).

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